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
CA1 Denies Withholding and CAT Relief to Ecuadorian National
The court upheld the denials of the motions to reopen, agreeing with the BIA that the Petitioner failed to establish a statutorily protected ground of persecution and failed to demonstrate ineffective assistance of counsel. (Muyubisnay-Cungachi v. Holder, 10/25/13)
CA1 Denies Asylum and Withholding for Guatemalan National on Jurisdictional Issue
The court held that the administrative exhaustion requirement is satisfied as to particular issues when the BIA addressed those claims on the merits, regardless of whether the petitioner himself raised them, and denied the petition for review. (Mazariegos-Paiz v. Holder, 10/25/13)
EOIR Update on Filing Deadlines During Government Shutdown
EOIR alert that non-detained case filings that were due during the shutdown will be considered timely filed if received by the appropriate court by 11/8/13. BIA will consider any filing as timely filed any filing due during October 2013 as long as the BIA receives the filing on or before 11/1/13.
AILA’s Quarterly ILS Newsletter (Vol. 1, Issue 3)
The latest issue of AILA’s Quarterly Immigration Lawyer Search (ILS) Newsletter features statistics from the last six months of website use, as well an article about AILA’s new Pocket DACA application.
CA9 Remands Asylum Denial for Russian Citizen Opposing War in Chechnya
The court granted the petition and remanded, holding that the IJ violated due process by allowing the government to introduce a forensic report concerning a medical document without prior notice and by refusing a continuance to investigate the report. (Bondarenko v. Holder, 10/25/13)
BIA Advises IJs to Assist Pro Se Respondents
Unpublished BIA decision remands record to allow pro se respondent to seek relief, says IJs should “aid in the development in the record, particularly where an alien appears pro se and may be unschooled in the removal process." Special thanks to IRAC. (Matter of Mutukwa, 10/25/13)
BIA Administratively Closes Proceedings of Father of DACA Grantee
Unpublished BIA decision grants joint motion to reopen and administratively close proceedings against respondent who entered country in 2004 and is father of an 8-year-old U.S. citizen child and a 20-year-old DACA grantee. Special thanks to IRAC. (Matter of Garcia, 10/25/13)
BIA Remands for Further Consideration of Request for Continuance
Unpublished BIA decision remands for further consideration of request for continuance in light of filing of appeal of USCIS denial of visa petition and birth of a daughter to the respondent and her U.S. citizen husband. Special thanks to IRAC. (Matter of Dinh, 10/25/13)
BIA Holds Ammunition Possession by Felon is Aggravated Felony
The Board held that unlawful possession of ammunition by a convicted felon under 18 USC §922(g) is an aggravated felony under INA §101(a)(43)(E)(ii). Matter of Oppedisano, 26 I&N Dec. 202 (BIA 2013)
Report Calls for Improvements to DHS Notice to Appear (NTA) Procedure
Center for Immigrants’ Rights report, “To File or Not to File a Notice to Appear: Improving the Government’s Use of Prosecutorial Discretion,” arguing that DHS should consistently consider prosecutorial discretion (PD) and increase its use of favorable PD in the issuance and filing of NTAs.
BIA Admininistratively Closes Proceedings to Allow For Filing of I-601A
Unpublished BIA decision administratively closing removal proceedings to give the respondent, who is also the beneficiary of an approved I-130 petition by his U.S. citizen spouse, the opportunity to file a stateside provisional waiver (Form I-601A). Courtesy of Christopher Helt.
ICE Detainee From Antigua Passes Away While in Custody
ICE press release on the death of a 34-year-old female citizen of Antigua who passed away of an apparent suicide while in ICE custody.
BIA Advises IJ to Consider Silitonga and Arrabally & Yerrabelly on Remand
Unpublished BIA decision remands record and advises IJ to consider Matter of Silitonga and Matter of Arrabally & Yerrabelly in determining removability and eligibility for adjustment of status. Special thanks to IRAC. (Matter of Manjan, 10/23/13)
BIA Reopens Proceedings for Respondent Where I-751 Was Denied for Improper Fee Payment
Unpublished BIA decision reopens proceedings upon finding respondent did not receive notice of hearing at which she was ordered removed in absentia, and her Form I-751 was rejected due to improper fee payment. Special thanks to IRAC. (Matter of Jones, 10/23/13)
BIA Terminates Proceedings Against Respondent Charged with Alien Smuggling
Unpublished BIA decision finds government evidence insufficiently reliable to uphold charge of alien smuggling under INA 237(a)(1)(E) where immigration officers’ testimony was based on unidentified informants. Special thanks to IRAC. (Matter of Guzman, 10/23/13)
Updated Facts on ICE’s 287(g) Program
ICE issued a fact sheet on the 287(g) program. The document states that the OIG report published in March 2010 does not reflect the current 287(g) program.
CA9 Finds California Sexual Abuse of a Minor Statute Is an Aggravated Felony Crime of Violence
The court denied the petition for review, holding that the conviction of sexual abuse of a minor under California Penal Code section 288(c)(1) is a categorical crime of violence under 18 U.S.C. §16(b), and thus an aggravated felony. (Rodriguez-Castellon v. Holder, 10/22/13)
ICE FAQs on the Parental Interests Directive
ICE FAQs on the Parental Interests Directive, which complements existing policy by helping ICE better manage and track cases involving detained alien parents or legal guardians who have minor children in the U.S. FAQs include contact information and what kinds of cases are covered.
BIA Finds Respondent Was Not Advised of Right to Counsel
Unpublished BIA decision remands for further proceedings where pro se respondent was not advised of right to counsel at no expense to the government after accredited representative failed to appear at his hearing. Special thanks to IRAC. (Matter of Moreno-Duarte, 10/21/13)
BIA Finds IJ Should Have Inquired Into Ability to Obtain Passport
Unpublished BIA decisions remands for further consideration of voluntary departure where IJ did not inquire into respondent’s ability to obtain a passport or address the possibility of a continuance. Special thanks to IRAC. (Matter of Salazar-Herrera, 10/21/13)
BIA Finds Record of Conviction Does Not Support Allegations in NTA
Unpublished BIA decision remands for further proceedings where convictions records do not support allegation in Notice to Appeal (NTA) that respondent was convicted in violation of Section 11359 of the Cal. Health and Safety Code. Special thanks to IRAC. (Matter of Diaz Montes, 10/21/13)
BIA Says Respondent May Renew Request for Administrative Closure on Remand
Unpublished BIA decision finding that during the pendency of the appeal, I-601A provisional waiver regulations were finalized and include a provision providing for administrative closure, so respondent could renew his request for such relief upon remand. Courtesy of Claire Gallagher.
BIA Orders Further Consideration of Request for Voluntary Departure
Unpublished BIA decision remands for further consideration of voluntary departure for respondent who is beneficiary of approved visa petition who has not illegally entered in past five years. Special thanks to IRAC. (Matter of Araujo, 10/18/13)
Call for Examples and OIL Briefs: Cases Impacted by Acosta and Garfias-Rodriguez
The AILA Amicus Committee wants to know if AILA members have a case in the 9th circuit, the 10th circuit, or before the BIA or an immigration court originating in the 9th or 10th circuit, where the noncitizen’s relief is based on the holdings in Acosta and Padilla-Caldera.
BIA Finds IJ Failed to Weigh Equities in Denying Voluntary Departure
Unpublished BIA decision remands for entry of new decision where IJ did not explicitly balance positive and negative equities in denying voluntary departure. Special thanks to IRAC. (Matter of Alcantar, 10/17/13)