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
CBP Issues Memo and Muster on Processing Non-Arriving Individuals
CBP released a redacted memo and muster providing guidance on actions CBP officers can take when they encounter individuals who are non-arriving and are inadmissible or removable.
BIA Administratively Closes Proceedings After Grant of DACA
Unpublished BIA decision grants motion to administratively close proceedings in light of grant of DACA application and to sever proceedings with respondent’s mother. (Matter of Gonzalez, 2/21/14) Special thanks to IRAC.
Practice Alert on USCIS Renewal Information for Individuals Granted DACA By ICE
AILA practice alert on a 2/19/14 notice from USCIS with renewal information for individuals granted DACA by ICE between 6/15/12 and 8/15/12. This notice does not apply to the vast majority of DACA recipients who received DACA through USCIS after 8/15/12.
CA5 Finds Asylum Grants Were Critical to International Child Abduction Determination
The court vacated the district court order and remanded, finding that the asylum grants to the three minor children were critical to a determination of whether one or more of the Hague Convention’s exception to return applies. (Sanchez v. RGL, 2/21/14)
CA2 Affirms Denial of Motion to Reopen (MTR)
Petitioner argued she should have been placed in exclusion proceedings, not deportation proceedings, but since she conceded she was deportable, the court held the BIA did not abuse its discretion in affirming the denial of the MTR. (Li v. Holder, 2/21/14)
CA2 Asks BIA to Rule on Duress Exception to Material Support Bar
The court granted the petition in part, to permit the BIA to make a precedential ruling on whether a duress exception to the material support bar is implicit in INA §212 (a)(3)(B)(iv)(VI), (a)(3)(B)(i)(I). (Ay v. Holder, 2/20/14)
BIA Reopens Proceedings Due to Attorney Advice Not to Attend Hearing
Unpublished BIA decision reopens proceedings at which respondent was removed in absentia upon finding attorney's advice that he need not attend hearing constituted exceptional circumstances justifying his failure to appear. (Matter of Macal-Ventura, 2/20/14) Special thanks to IRAC.
BIA Finds IJ Failed to Provide Required Biometrics Warnings
Unpublished BIA decision remands record because IJ deemed respondent’s TPS application abandoned without providing required warnings under 8 CFR 1003.47(d) regarding failure to provide biometrics. (Matter of Alfaro, 2/20/14) Special thanks to IRAC.
BIA Requires DHS to Disclose Records of Prior TPS Applications
Unpublished BIA decision remands record because IJ failed to adequately address respondent's TPS claim and requires DHS to submit administrative record on remand regarding prior TPS applications. (Matter of Tunis, 2/20/14) Special thanks to IRAC.
OSC Flyer on Employment Rights for DACA Recipients
OSC flyer on employee rights of DACA recipients, including how to tell if an employer is being discriminatory, if a DACA status must be disclosed, and how DACA status might affect E-Verify. Also included is contact information if discrimination needs to be reported to DOJ.
EOIR Ten-Year Evaluation of BIA Pro Bono Project
EOIR 2002-2011 evaluation of the BIA Pro Bono Project, finding that the Project had an average success rate of 87% in matching pro se respondents with pro bono counsel and that pro bono clients are more likely than their unrepresented counterparts to obtain a favorable outcome of the Board.
Guidance for Individuals Granted DACA by ICE (Updated 2/21/14)
USCIS guidance for those granted deferred action under the DACA process by ICE who have an EAD expiring in the next 120 days. DACA renewals must be approved prior to expiration of the initial period of deferred action to avoid a lapse in employment authorization or accrual of unlawful presence.
BIA Remands Record Because IJ Incorporated Prior Findings “By Reference” in Decision
Unpublished BIA decision remands for new decision were IJ’s discussion of DHS burden of proof was contained in transcript, incorporated “by reference” into the decision, and provided an insufficient basis for a meaningful review. (Matter of Kim, 2/19/14) Special thanks to IRAC.
BIA Upholds Grant of Adjustment Despite Numerous Criminal Convictions
Unpublished BIA decision upholds grant of adjustment over DHS arguments that respondent was controlled substance trafficker, committed fraud at removal hearing, and did not merit favorable exercise of discretion. (Matter of R-P-, 2/19/14) Special thanks to IRAC.
CA2 Certifies Question of Incest to New York Court of Appeals
To properly evaluate the order of removal and denial of the petition to remove conditions, the court certified to the NY Court of Appeals the question of whether the petitioner’s marriage to her half-uncle was void for incest under NY Domestic Relations Law. (Nguyen v. Holder, 2/19/14)
BIA Upholds Treatment of Returning LPR as Applicant for Admission
Unpublished BIA decision holds over dissenting opinion that respondent alleged to have fraudulently obtained LPR status was properly charged as applicant for admission upon returning from travel abroad. (Matter of Alcaraz, 2/18/14) Special thanks to IRAC.
BIA Terminates Proceedings Against Respondent Who Raised Constitutional Challenges
Unpublished BIA decision grants joint motion to terminate proceedings against respondent who argued that he was unlawfully held under immigration detainer and that removal would be constitutionally disproportionate. (Matter of Villanueva, 2/18/14) Special thanks to IRAC.
AILA and AIC Comments on Revised Form I-821D
AIC and AILA comments in response to proposed revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals, and accompanying instructions. The revised form included information on the DACA renewal process.
BIA Says Diligence in Filing Could be Factor in Reopening Cases Sua Sponte
Unpublished BIA decision declines to reopen sua sponte under Carachuri-Rosendo v. Holder but says “diligence in filing a motion could be a relevant factor to consider in determining whether sua sponte reopening is warranted.” (Matter of Alvarado, 2/14/2014) Special thanks to IRAC.
CA1 Upholds Cancellation of Removal Denial
The court denied the petition in part and dismissed in part for lack of jurisdiction, upholding the cancellation of removal denial based on the lack of hardship the U.S.-born gifted son would suffer if the parents were removed to Guatemala. (Alvarado v. Holder, 2/14/14)
CA5 Upholds Cancellation Denial for Petitioner with Texas Domestic Violence Conviction
The court denied the petition for review, finding that petitioner’s TX conviction of aggravated assault of a family member, a second degree felony, triggers the stop-time rule under INA §240A(d)(1) and denies him eligibility for cancellation of removal. (Miresles-Zuniga v. Holder, 2/14/14)
Practice Pointer: Understanding Withholding of Removal (Updated 4/2/14)
Practice pointer on the main conceptual and practical differences between asylum and withholding of removal and how a grant of withholding will affect your client going forward. Special thanks to Cheri Attix and the AILA Asylum and Refugee Liaison Committee.
TRAC Report Finds ICE Success in Obtaining Removal Orders Drops to 50%
Transactional Records Access Clearinghouse (TRAC) report finding that ICE has had diminishing success in convincing Immigration Judges to issue removal orders, as such orders are now being granted about 50% of the time. Results varied widely by state.
CA5 Holds Florida Cocaine Delivery Conviction Is Not an Aggravated Felony
The court vacated and remanded the cancellation of removal denial, holding that the Florida offense of delivering cocaine for which petitioner was convicted was not categorically an aggravated felony. (Sarmientos v. Holder, 2/12/14)
BIA Remands Discretionary Denial of Adjustment Application
Unpublished BIA decisions remands discretionary denial of adjustment application where IJ failed to consider positive equities or make factual findings regarding alleged discrepancy between testimony and police report. (Matter of Coutinho, 2/11/14) Special thanks to IRAC.