Featured Issue: U.S. Immigration Courts under Trump 2.0
The U.S. immigration court system plays a critical role in upholding due process and ensuring fair hearings for individuals facing deportation. However, since January 20, 2025, the Department of Justice (DOJ) has implemented significant changes that challenge the structural integrity of these courts. This page aims to provide up-to-date information on the policy and legal shifts affecting the U.S. immigration court system.
Latest Updates
Updates from EOIR
Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
GAO Report on Immigration Detention
GAO October 2014 report on costs, standards, and oversight across different types of ICE detention facilities, finding that ICE does not have complete data for managing detention costs and standards across facilities and facility types.
Practice Alert: EOIR Update on FY2015 Suspension/Non-LPR Cancellation Cap
EOIR has advised AILA that the 4,000 cancellation grants available in FY2015 will likely be exceeded by the decisions currently held in reserve. Because of this, immigration judges have been instructed to continue to follow the procedures set forth in OPPM 12-01.
NSC Liaison Q&As from Asylum/Refugee Issues Teleconference (10/9/14)
The NSC Liaison Committee’s unofficial Q&As from the 10/9/14 teleconference on refugee and asylum issues with NSC. Topics include: I-765 eligibility for individuals with convictions, I-131 fee waivers, I-730s, adjustment of status, G-28s, and TRIG issues.
AILA/USCIS Field Operations Liaison Q&As (10/9/14)
USCIS Field Operations Q&As from a 10/9/14 liaison meeting. Topics include: stand-alone I-130s, interview-waiver eligible I-485s, Forms I-90, biometrics for individuals in removal proceedings, Matter of Arrabally/Yerrabelly, processing time reports, and availability of InfoPass appointments.
AILA/USCIS HQ Liaison Q&As (10/9/14)
Official questions and answers from the 10/9/14 AILA liaison meeting with USCIS HQ. Topics include forthcoming guidance; burdensome RFEs for L-1A, L-1B, H-1B, O-2, and P-1 petitions; I-693 medical examination policy; I-130 appeal delays; FDNS site visits; and EB-2 I-140s for physical therapists.
AILA DOS Liaison Q&As (10/9/14)
DOS responses to AILA/DOS liaison Q&As, which address questions relating to administrative processing, PIMS, renunciation of U.S. citizenship or LPR status, Mission Australia, J-1 issues, visa revocations, B-2 visas, CCD delay, LGBT I-129Fs, and endorsement of the I-129S for blanket L cases.
BIA Orders Further Consideration of Derivative Citizenship Claim
Unpublished BIA decision orders further consideration of derivative citizenship claim under former INA 321(a)(3) where IJ erroneously found respondent had to submit court-issued documentation establishing parents’ legal separation. Special thanks to IRAC. (Matter of Bordamonte, 10/8/14)
CA2 Agrees with BIA that Vacated Conviction Remains Valid for Removability Purposes
The court held it lacked jurisdiction, upholding the BIA’s determination that the 1997 Arizona conviction remained a removable offense because the petitioner obtained vacatur solely for rehabilitative reasons and to avoid adverse immigration consequences. (Sutherland v. Holder, 10/8/14)
CA2 Says Unlawful Possession of Ammunition Is an Aggravated Felony
The court denied the petition for review, upholding the BIA’s decision concluding that the petitioner’s conviction for the unlawful possession of ammunition under 18 U.S.C. § 922(g)(1) qualifies as an aggravated felony under INA §101(a)(43)(E)(ii). (Oppedisano v. Holder, 10/8/14)
BIA Holds Detainee Transfer Does Not Divest IJs of Jurisdiction Over Bond Proceedings
Unpublished BIA decision finds IJ erred in finding lack of jurisdiction to consider bond request of respondent transferred out of state, notes that the INA does not tie authority to hear bond cases to geographic location of respondent. Special thanks to IRAC. (Matter of Cerda Reyes, 10/7/14)
BIA Says Regulations for Applying for Bond Redetermination Are Not Jurisdictional
Unpublished BIA decision holding that INA §236 contains no language limiting an IJ’s authority to hear a bond case due to the geographic area of the noncitizen and that 8 CFR §1003.19(c) dictates where he/she should file a request for a custody redetermination. Courtesy of Helen Parsonage.
CA11 Finds it Lacks Jurisdiction to Review BIA’s Battered-Spouse Discretionary Decision
The court found it lacked jurisdiction to review the BIA’s order denying the motions to reopen and reconsider, as the BIA’s battered-spouse determination under INA 204 §(a)(1)(A)(iii) was discretionary. (Butalova v. Att’y Gen., 10/7/14)
AILA/AIC Amicus Brief Filed with CA10 on 212(h) Waiver Eligibility
AILA/AIC amicus brief filed with the Tenth Circuit arguing that 212(h) waivers are available to legal permanent residents (LPRs) convicted of aggravated felonies if the LPRs adjusted their status after entering the U.S.
AILA Quicktake #101: DACA Recipients and MAVNI
AILA member Margaret Stock discusses the limitations to the Department of Defense's announcement to open its Military Accessions Vital to the National Interest program (MAVNI) to DACA recipients.
Third DHS OIG Memo on Site Visits for UACs in DHS Custody
DHS OIG released a memo on site visits performed between 8/21/14 and 9/26/14 of detention facilities for UACs. Report states that CBP has improved medical screening, facility cleaning, food service, and case processing but improvements are still needed in training, policies, and procedures.
CA1 Affirms Grants of Habeas Corpus Relief for Two Petitioners
The court concluded that petitioners were not subject to mandatory detention under INA §236(c) and were entitled to an individualized bail hearing under INA §236(a), because petitioners were not timely detained under any reasonable interpretation of INA §236(c). (Castañeda v. Souza, 10/6/14)
AILA: Obama Talks Big on Immigration Reform, But is Not Delivering
AILA President Leslie Holman responds to two recent announcements from the Obama Administration regarding the Military Accessions Vital to National Interest (MAVNI) program and a plan to allow young children from Central American countries to apply for refugee status from outside the U.S.
CA2 Says Asylum Applicant Is Not Required to Establish Nationality Through Documentary Evidence Alone
The court vacated and remanded with instructions to review the IJ’s adverse credibility finding, and that the BIA erroneously required the petitioner, who claimed he was a stateless Tibetan born in Nepal, to prove his nationality through documentary evidence alone. (Urgen v. Holder, 10/2/14)
CA9 Says NACARA Seven-Year Good Moral Character Period Ends on Filing Date
The court held that an application for special rule cancellation of removal under §203 of NACARA is not a continuing application, and that the seven-year period during which good moral character is required ends on the date of the filing of the application. (Aragon v. Holder, 10/2/14)
BIA Holds Connecticut Third Degree Burglary Statute Not Generic Burglary, May Be Crime of Violence
Unpublished BIA decision holds third degree burglary under Conn. Gen. Stat. Ann 53a-103 is not an aggravated felony “burglary offense” but remands to consider whether it is a “crime of violence.” Special thanks to IRAC. (Matter of Genego, 10/2/14)
CBP Issues Guidance on Processing Expedited Removal Cases
CBP issued a memo on processing expedited removal cases, including reminders on the use of the correct forms and charges for expediated removal, asking the four “fear” questions on the I-867B, referring individuals who express a fear of return, and use of interpreters.
BIA Reverses IJ for Considering Order of Restitution Under Modified Categorical Approach
Unpublished BIA decision holds grand theft under Fla. Stat. 812.014(1) is not a categorical aggravated felony theft offense and that IJ was not permitted to consider order of restitution under the modified categorical approach. Special thanks to IRAC. (Matter of Thompson, 10/1/14)
CA11 Says Florida Aggravated Fleeing Is an Aggravated Felony
The court denied the petition for review, upholding the BIA’s finding that the petitioner’s conviction for aggravated fleeing under Florida statue §316.1935(4)(a) was an aggravated felony and thus was deportable under INA §237(a)(2)(A)(iii). (Dixon v. Att’y Gen., 10/1/14)
VOICE: October 2014
In the October 2014 VOICE, learn about the effect of Matter of Chairez on foreigners facing removal for a crime, issues concerning alcohol abuse and waivers of inadmissibility, one attorney’s path to starting her practice out of law school, the benefits of AILA’s Mentor Program, and more!
DHS OIG Annual Performance Plan for FY2015
DHS’s Office of Inspector General (OIG) annual performance plan for FY2015, detailing planned evaluations on the scalability of USCIS’s visa and immigrant processing, ICE’s practices on I-9 inspections, USCIS’s credible fear screening, alternatives to detention, policies relating to UACs, and more.