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 Granted Joint Interlocutory Appeal of Denial of Administrative Closure Motion
Unpublished BIA decision granting a joint interlocutory appeal of a denial of a joint motion for administrative closure because the immigration judge's order set forth no basis or rationale warranting the denial of the motion. Special thanks to IRAC. (Matter of Murillo-Borjas, 7/30/13)
BIA Grants Motion to Reopen After Immigrant Visa Approved
Unpublished BIA decision where the Board granted the respondent's motion to reopen over the objection of DHS to allow him to apply for adjustment of status. Special thanks to IRAC. (Matter of Bahronov, 7/29/13)
BIA Remands for Consideration of Whether Respondent is Eligible for I-601A
Unpublished BIA decision where the Board remanded the case "in an abundance of caution" for consideration of whether the respondent was eligible for a provisional unlawful presence waiver (Form I-601A). Special thanks to IRAC. (Matter of Pulido-Aguirres, 7/29/13)
BIA Terminates Proceedings as Crime Must Show Intent to Permanently Deprive to be CIMT
Unpublished BIA decision terminating proceedings as the grand theft conviction under Florida Stat. 812.014(2)(c)(1) is not a categorical crime involving moral turpitude as the conviction did not show intent to permanently deprive. Special thanks to IRAC. (Matter of Edmond, 7/29/13)
Best Practices for Packaging Provisional Waiver Applications (I-601A)
NBC Liaison Committee practice pointer providing tips for packaging applications for provisional unlawful presence waivers (Forms I-601A), which might help you avoid a “boilerplate” request for evidence seeking hardship documents.
CA1 on Derivative vs. Direct Persecution
The court denied withholding of removal and CAT protection based on the petitioner’s opposition to the possible female genital mutilation (FGM) of his daughters, finding that the fear that a child will be subjected to FGM is not a basis for relief to the parent. (Camara v. Holder, 7/26/13)
CA7 Holds K-4 Adjustment of Status Regulation Conflicts With INA
The court held that the limitations in 8 C.F.R. §245.1(i) on K visas conflicts with INA §101(a)(15)(K)(iii), noting that Congress intended K-4s to enter the U.S. and adjust status and that it sees no statutory reason for treating K-2s and K-4s differently. (Akram v. Holder, 7/9/13)
AILA Amicus Brief on Asylum and Reinstatement
AILA amicus brief arguing that the reinstatement regulations limiting protection from persecution to withholding of removal, which prevent individuals who are subject to reinstatement from applying for asylum, should be struck down.
BIA Granted DHS’s Request to Withdraw Appeal After Amended Conviction Was No Longer Aggravated Felony
Unpublished BIA decision granting DHS' request to withdraw its appeal and upholding termination of proceedings after respondent withdrew of her guilty plea to possession of stolen vehicle in violation of Nev. Rev. Stat. 205.273(b)(1). Special thanks to IRAC. (Matter of Enriquez, 7/26/13)
BIA Finds Florida Grand Theft Conviction Is Not a CIMT
Unpublished BIA decision upholding the termination of proceedings upon finding the respondent's conviction for grand theft was not a crime involving moral turpitude. Special thanks to IRAC. (Matter of Butler, 7/26/13)
CA8 on the Meaning of “Relating to a Controlled Substance” Under INA §237(a)(2)(B)(i)
The court upheld the BIA’s determination that the petitioner’s Kansas drug paraphernalia conviction is, categorically, “related to” a controlled substance within the meaning of §237(a)(2)(B)(i). (Mellouli v. Holder, 7/9/13)
EOIR Relocating Denver Immigration Court
EOIR notice that the Denver Immigration Court will close on 8/1/13 to prepare for relocation. The Denver Immigration Court will recommence hearings at its new location on 8/6/13.
CA9 Remands for BIA to Reconsider Death of Child in Parent’s Past Persecution Claim
The court remanded for the BIA to reconsider the denial of withholding, giving full weight to past persecution evidence of the death of the daughter of the petitioner, who was a Chinese Christian living in Indonesia. (Sumolang v. Holder, 7/25/13)
TRAC Report Indicating Number of ICE Detainers Dropped by 19%
Transactional Records Access Clearing House (TRAC) report indicating that during the first four months of FY2013, the number of ICE detainers issued declined by 19%. The largest number of detainers were issued by the Enforcement and Removal Operations Criminal Alien Program.
BIA Remands Cancellation Application for Additional Consideration of Certificate of Baptism
Unpublished BIA decision remanding a cancellation of removal application so additional consideration could be given to the respondent’s Certification of Baptism and so an evidentiary hearing to provide witness testimony in support of continuous presence claim could be held. Courtesy of Frances Cruz.
Practice Pointer: Challenging the Admission of Asylum Officers’ Notes in Immigration Court
Practice pointer prepared by the AILA Asylum and Refugee Committee on how to challenge the introduction and use of asylum officers’ notes and assessments as evidence in immigration court. Special thanks to David Cleveland, Dree Collopy, and Hilary Han.
USCIS Asylum Office Statistics (March 2013 Through June 2013)
Statistics provided by USCIS Asylum Division including data on asylum office workload, number of asylum applications filed, breakdown of nationalities of asylum applicants, statistics on asylum cases completed, credible fear reports, country-specific info, and more, for March 2013 through June 2013.
DHS Privacy Impact Assessment on Electronic Health Records (eHR) System
DHS published a Privacy Impact Assessment (PIA) on its new electronic health records (eHR) system for maintaining health records on individuals in ICE detention.
CA1 Says Chinese Petitioner’s Fear Is Speculative
While the IJ originally concluded that the petitioner’s fear of having an IUD implanted if she returns to China constituted a fear of persecution, the court upheld the BIA’s determination that the fear is too speculative to be considered well-founded. (Lin v. Holder, 7/23/13)
AILA Letter to DHS Agency Heads on Implementation of Supreme Court’s Decision on DOMA
AILA letter to DHS and DOJ on the implementation of the Supreme Court’s striking down Section 3 of the Defense of Marriage Act (DOMA), as it pertains to applications and petitions for immigration benefits and relief from removal. Special thanks to the LGBT Working Group and Interagency Committee.
EOIR Notice on Correction to Professional Conduct for Practitioners
EOIR published a correction to 8 CFR part 1003.108, on confidentiality, where the following words are added to the end of the second sentence in paragraph (a): “before the filing of a Notice of Intent to Discipline.” (78 FR 42863, 7/18/13)
EOIR Notice of Revision to Procedures for Asylum and Withholding of Removal
EOIR notice of revision of 8 CFR part 1208.13, paragraph (c)(2)(ii) is moved after paragraph (c)(2)(i)(F). (78 FR 42863, 7/18/13)
BIA on Motions to Reopen Based on Changed Country Conditions
The Board held that a noncitizen with an in absentia order doesn’t need to rescind the order before seeking a motion to reopen to apply for asylum based on changed country conditions, and that such motions are not subject to numerical limitations. Matter of J-G-, 26 I&N Dec. 161 (BIA 2013)
DHS Notice of Revision to Procedures for Asylum and Withholding of Removal
DHS notice of revision of 8 CFR section 208.13, paragraph (c)(2)(ii) is moved after paragraph (c)(2)(i)(F). (78 FR 42863, 7/18/13)
CA1 Denies MTR Asylum Proceedings of Guatemalan Petitioner
The court upheld the denial of the petitioner’s motion to reopen his 1999 removal proceedings, finding that the BIA did not abuse its discretion when it held that the petitioner failed to establish a material change in country conditions in Guatemala. (Jutus v. Holder, 7/17/13)