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
VOICE: May 2014
In the May 2014 VOICE, learn about the appeal of an SB-1 visa, the U.S. Customs and Border Protection’s gross misconduct at the northern and southern borders of the United States, the basics of sending employees to work in Australia, and more!
BIA Orders Further Consideration of Adjustment Application
Unpublished BIA decision reopens proceedings in light of evidence submitted on appeal indicating respondent’s conviction involved less than 30 grams of marijuana, making him eligible to adjust status with a 212(h) waiver. Special thanks to IRAC. (Matter of Gamanga, 4/29/14)
BIA Holds Tennessee Burglary Offense Not an Aggravated Felony
Unpublished BIA decision terminating proceedings, finding that Tennessee Code 39-14-401 is not an aggravated felony because the statute includes vehicles in its definition of “habitation” and the record did not clarify what type of habitation was subject of the conviction. Courtesy of James Spokes.
ICE ERO Does Not Require Detainees’ Signatures on G-28s
ICE has informed AILA that ICE Enforcement and Removal Operations (ERO) no longer requires a detained foreign national’s signature on Form G-28. If you encounter a local office that still requires a detainee signature, please notify the AILA ICE Liaison Committee.
CA9 Vacates Removal Order for Petitioner with Hawaii Conviction
The court vacated the removal order, finding the petitioner was not categorically removable under INA §237(a)(2)(B)(i) because the Hawaii statute of conviction criminalized at least two substances that were not listed by the CSA. (Ragasa v. Holder, 4/28/14, amended 6/4/14)
Removal Without Recourse: The Growth of Summary Deportations from the United States
The American Immigration Council’s Immigration Policy Center released a report titled “Removal Without Recourse: The Growth of Summary Deportations from the United States,” on the increase in use of expedited removal and reinstatement of removal.
AILA Interagency Committee Meeting Minutes (4/25/14)
Minutes from the 4/25/14 AILA Interagency Liaison Committee meeting with EOIR, USCIS, and ICE. Topics include provisional waiver adjudications, I-130 petitions and biometrics appointments for individuals in proceedings, misrepresentation waivers under INA §237(a)(1)(H), and U visa coordination.
BIA Reopens Proceedings In Light of Totality of Circumstances
Unpublished BIA decision grants motion to reopen in light of lack of DHS response, claims of ineffective assistance of counsel, and potential eligibility for relief from removal. (Matter of Reyes, 2/25/14) Special thanks to IRAC.
BIA Holds “Legally Impossible” Offense Not CIMT
Unpublished BIA decision terminates proceedings and holds New York attempted second degree gang assault is not a CIMT because the offense is “legally impossible” for trial purposes. Courtesy of Ben Winograd. (Matter of Clase, 4/25/14)
BIA Finds Failure to Prepare Affidavit of Support Constitutes Ineffective Assistance
Unpublished BIA decision finds respondent established a prima facie case of ineffective assistance based on allegations that prior attorney failed to prepare and submit Form I-864 in connection with adjustment application. Special thanks to IRAC. (Matter of Kurgat, 4/25/14)
BIA Finds N.Y. Attempted Second Degree Gang Assault Not CIMT
Unpublished BIA decision terminates proceedings and holds New York attempted second degree gang assault is not a CIMT because the offense is “legally impossible” for trial purposes. Special thanks to IRAC. (Matter of Clase, 4/25/14)
CA1 Declines to Review Asylum Denial for Petitioner from Nepal
The court denied the petition to review the asylum denial, finding that the record evidence did not amount to past persecution, even though the Maoists also may have threatened the Nepali petitioner with a gun during the isolated event. (Thapaliya v. Holder, 4/24/14)
TRAC Report Finds ICE Rarely Uses Prosecutorial Discretion to Close Immigration Cases
Transactional Records Access Clearinghouse (TRAC) report finding that the use of prosecutorial discretion by ICE to close cases in the immigration courts continues to be relatively rare; only 6.7% of cases were closed on this basis between October 2012 and March 2014.
BIA Rescinds In Absentia Order Because Adult Did Not Receive Hearing Notice
Unpublished BIA rescinds in absentia order under Flores-Chavez v. Ashcroft, 362 F.3d 1150 (9th Cir. 2004), because the respondent was a juvenile and no adult was notified of the hearing. Special thanks to IRAC. (Matter of Rojop-Hernandez, 4/23/14)
CA1 Declines to Reopen Removal Proceedings for Sri Lankan Asylum Seeker
The court denied the petition to review the denial of the second motion to reopen, finding petitioner did not show that evidence of Sri Lanka’s history of torturing returned asylum seekers was unavailable and undiscoverable at the time of her removal proceedings. (Perera v. Holder, 4/22/14)
EOIR Asylum Statistics FY2009-FY2013
EOIR released asylum statistics broken down by fiscal year and nationality for FY2009 through FY2013.
EOIR Electronic Databases Functional Again (Updated 5/19/14)
EOIR update that their electronic databases are functional again but that they are continuing recovery efforts on other applications including eRegistration.
AILA Quicktake #70: DACA Renewals
As many of the first young immigrants who applied for DACA are looking at renewal, AILA Immediate Past President Laura Lichter shares important information about the upcoming process.
CA1 Declines to Review Asylum Denial for Colombian Petitioner
The court held that the Colombian petitioner did not establish past persecution or a well-founded fear of future persecution and thus found the petitioner’s asserted social group of widows of slain narco-traffickers moot. (Moreno v. Holder, 4/18/14)
CA9 Declines to Review Asylum Denial for Chinese Petitioner
The court found that under In Re J-S-, as a spouse of a victim of a forced abortion or sterilization, a reasonable factfinder would not be compelled to find that the petitioner either resisted China’s one-child policy or had suffered persecution. (He v. Holder, 4/17/14)
CA9 Declines to Review Withholding and CAT Denial for Dominican Petitioner
The court held substantial evidence supported the BIA’s adverse credibility determination based on petitioner’s various lies to U.S. officials and to the district court judge, especially about her identity and country of origin. (Garcia v. Holder, 4/16/14)
CA7 Declines to Review Removal Order for Petitioner with Multiple Identities
The court denied the petition for review, finding that the BIA did not err by finding that the petitioner, who had multiple identities, did not establish by clear and convincing evidence that he was inspected and admitted into the U.S. (Singh v. Holder, 4/16/14)
AILA Analysis of Deportation Figures
AILA analysis of deportation numbers from FY2002 to FY2012 showing the increase in removals at a time of decrease in apprehensions.
EOIR FY2013 Statistics Yearbook
EOIR FY2013 statistics yearbook with data on the Immigration Courts, BIA, and OCAHO. The yearbook, an annual compilation of data on respondents’ cases by nationality, language, and disposition, and provides detailed information surrounding asylum cases, used a new statistical methodology for FY2013.
EOIR 1-800 Number and Computer Systems Outage
EOIR alert that it is currently experiencing a systems outage involving several computer applications including eRegistration and the telephonic case information system (the 1-800 phone number). EOIR hopes to have the situation resolved in the near future.