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
BIA Reverses Denial of Continuance for Adjudication of I-751
Unpublished BIA decision finds IJ should have continued proceedings to permit USCIS to adjudicate the respondent’s petition to remove conditions of residence (Form I-751). (Matter of Ruiz, 1/23/14) Special thanks to IRAC.
BIA Says IJs Must Independently Review Denial of N-600
Unpublished BIA decision remands record because IJ failed to make independent determination of respondent’s derivative citizenship claim after USCIS denied his Application for Certificate of Citizenship (Form N-600). (Matter of Moreno, 1/23/14) Special thanks to IRAC.
CA4 Finds Former Gang Members Can Be Particular Social Group
The court reversed the BIA, and held that the particular social group of former MS-13 members who have renounced their gang membership is immutable for withholding of removal purposes. (Martinez v. Holder, 1/23/14)
CA9 Finds USCMJ Conviction Is Not An Aggravated Felony
The court remanded to the BIA with instructions to vacate the removal order, finding that petitioner’s conviction relating to child pornography under the Uniform Code of Military Justice (UCMJ) is not an aggravated felony under INA §101(a)(43(I). (Aguilar-Turcious v. Holder, 1/23/14)
BIA Says Amount of Restitution Not Always Reliable Way to Show Victim Loss
Unpublished BIA decision dismissing appeal and upholding finding that federal computer fraud is an aggravated felony but says amount of restitution not always reliable measure of victim loss under INA 101(a)(43)(M)(i). (Matter of Rinquillo de Corrales, 1/22/14) Special thanks to IRAC.
TRAC Report Finds Number of Detainers Issued By ICE Dropped 23% Since FY2012
Transactional Records Access Clearinghouse (TRAC) report finds that ICE detainers have dropped 23% since FY2012, including a 32% drop in detainers issued against females. But there was an increase in detainers issued for some nationalities such as individuals from Laos and Haiti.
Updated LAC Practice Advisory on Stays of Removal in the Courts of Appeals
The American Immigration Council released an updated practice advisory, Seeking a Judicial Stay of Removal in the Court of Appeals, which provides information on requesting and obtaining stays of removal. It also addresses implications of government policies on successful appeals.
DHS Annual Report of Immigration Enforcement Actions for 2012
DHS Office of Immigration Statistics December 2013 Annual Report on immigration enforcement actions for 2012, including information on border apprehensions, NTAs, detentions, removals and returns, and statistics on enforcement actions broken down by age, sex, and nationality.
Statistics of S Immigrant and Nonimmigrant Visas
Data released through FOIA on S immigrant and nonimmigrant applications since 2007, broken down by fiscal year and granting agency. Special thanks to the South Florida AILA Chapter.
CA9 Finds Petitioner with Post-Entry Adjustment Is Eligible for §212(h) Waiver
The court held that petitioner was not barred from applying for a waiver, because her post-entry adjustment of status to lawful permanent resident after her admission to the U.S. did not constitute an admission in the context of INA §212(h). (Negrete-Ramirez v. Holder, 1/21/14)
AILA Amicus Brief on Stop Time Rule
AILA amicus brief arguing that when a Notice to Appear omits information about the time and place of the hearing, it is not sufficient for triggering the stop time rule in INA §240A(d)(1), and that the BIA should reexamine Matter of Camarillo.
BIA Sustains Appeal for Cancellation of Removal Denial
Unpublished BIA decision vacates and remands for further consideration of cancellation application, finding that possession of a firearm is not necessarily an aggravated felony and visa interview fraud does not necessarily determine ineligibility for cancellation. Courtesy of Nathan Christensen.
CA6 Remands for BIA to Decide Whether Offense Is a CIMT
The court remanded for the BIA to decide whether petitioner’s offense under Michigan law is a CIMT and whether he is removable without giving his attorney’s concession binding effect, and separately affirmed the BIA’s conclusion that he is ineligible for asylum. (Hanna v. Holder, 1/17/14)
CA1 Dismisses Petition to Review Waiver Denials for Lack of Jurisdiction
The court lacked jurisdiction to review the IJ and BIA’s discretionary waiver denials based on “extreme hardship” and “good faith” under INA §216(c)(4) of the joint filing requirement for removal of conditions on permanent residency. (Lopez v. Holder, 1/17/14)
USCIS Data on DACA Cases Received Through January 17, 2013
USCIS statistics on DACA cases from 8/15/12 to 1/17/13 which shows a total of 394,533 accepted DACA requests for processing, 371,103 biometric services appointments scheduled, and 154,404 requests approved.
CA4 Remands Asylum Denial for Bipolar Individual from Tanzania
The court vacated and remanded, finding that the petitioner who suffered severe harm in hospitals and prisons in Tanzania qualified for asylum based on his membership in the particular social group of individuals with bipolar disorder who exhibit erratic behavior. (Temu v. Holder, 1/16/14)
BIA Remands Motion to Reopen Due to Insufficient IJ Decision
Unpublished BIA decision remands record where IJ denied motion to reopen based on reasons stated in DHS opposition and without engaging in fact-finding or providing analysis. (Matter of Hazuri, 1/16/14) Special thanks to IRAC.
National Sign on Letter on Enforcement
On 1/16/14 AILA joined 17 other national organizations in a sign on letter to DHS Secretary Johnson and Deputy Secretary Mayorkas on immigration enforcement.
TRAC Report Finds Seven Percent of Immigration Court Cases Closed in First Quarter of FY2014
Transactional Records Access Clearinghouse (TRAC) report finds that seven percent of all Immigration Court cases were closed by prosecutorial discretion during the first quarter of FY2014, up from 4.7% during FY2012 (the first year of the PD program).
BIA Holds Reckless Endangerment Offense is Crime of Violence
Unpublished BIA decision holds Kansas statute criminalizing the reckless causing of great bodily harm or disfigurement is a crime of violence under 18 USC 16(a) and 16(b). (Matter of Lacier, 1/15/14) Special thanks to IRAC.
CA1 Upholds Denial of MTR for Guatemalan Teacher Seeking Asylum
The court denied the petition for review, upholding the BIA’s denial of the motion to reopen (MTR) the removal proceedings, because the new evidence did not prove persecution in Guatemala was on account of teachers’ public teaching and opposition to gangs. (Rosales v. Holder, 1/15/14)
BIA Remands to Consider Adjustment Application
Unpublished BIA decision grants motion to remand upon finding evidence submitted on appeal sufficient to warrant consideration of adjustment application. (Matter of Suvarnasara, 1/14/14) Special thanks to IRAC
BIA Articulates Scope of Moncrieffe v. Holder
Unpublished BIA decision says Supreme Court’s decision in Moncrieffe holds that a marijuana distribution offense that does not involve remuneration or more than a small amount it is not an aggravated felony “under the Act.” (Matter of Contreras, 1/14/14) Special thanks to IRAC.
DOJ 30-Day Extension to Request for Comments on Voluntary Form EOIR-31A
DOJ 30-day comment request allowing an additional 30 days for comments on the Request by Organization for Accreditation of Non-Attorney Representative (Voluntary Form EOIR-31A). Comments are now due 2/13/14. (79 FR 2478, 1/14/14)
BIA Finds Pastor Violated R-1 Status
Unpublished BIA decision finds pastor to be in violation of his R-1 status because he was no longer employed by his sponsoring church. (Matter of Cameron, 1/13/14) Special thanks to IRAC