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
CA8 Upholds BIA’s Denial of Asylum to Nigerian Petitioner Who Supported the Biafran State
The court denied the petition for review, holding that the BIA did not exceed its authority by ruling that the petitioner did not meet his burden of proof with corroborating evidence for his claimed fear of future harm in Nigeria on account of political opinion. (Uzodinma v. Barr, 3/5/20)
BIA Holds Georgia Domestic Violence Statute Not a CIMT
Unpublished BIA decision holds that simple battery family violence under Ga. Code Ann. 16-5-23(f) is not a CIMT. Special thanks to IRAC. (Matter of Cooke, 3/5/20)
CA7 Finds BIA’s Analysis of Petitioner’s Request for a Remand Was Not Sufficient
The court held that the BIA failed to adequately consider and apply its own precedents when it determined that the petitioner was not entitled to a remand for the purpose of deciding whether her pending U visa application entitled her to a continuance. (Guerra Rocha, et al. v. Barr, 3/4/20)
AILA Urges the Fifth Circuit to Reject Matter of Mendoza-Hernandez
AILA submitted an amicus brief to the Fifth Circuit in Coulibaly v. Barr, arguing that the court should reject the BIA’s conclusion in Matter of Mendoza-Hernandez, 27 I&N Dec. 520 (BIA 2019), that the two-step process triggers the stop-time rule.
BIA Holds Ninth Circuit TPS Decision Constitutes Fundamental Change in Law
Unpublished BIA decision holds Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017), which held that TPS holders are deemed admitted for adjustment purposes, as a fundamental change in law sufficient to warrant reopening sua sponte. Special thanks to IRAC. (Matter of Acevedo, 3/2/20)
HHS OIG Finds HHS Was Unprepared for the Zero-Tolerance Policy
HHS OIG found that poor interagency communication and management decisions left HHS unprepared for the zero-tolerance policy and impeded its ability to identify, care for, and reunify separated children. Care provider facilities also faced significant challenges during the reunification process.
Advocates File Lawsuit Against ICE’s New York Field Office Challenging “No-Release Policy” for Immigration-Related Arrests
New York Civil Liberties Union and Bronx Defenders filed a federal class action lawsuit against ICE’s New York Field Office challenging an alleged blanket policy of denying release and bond to virtually all persons arrested by immigration authorities. (Velesaca v. Decker, et al., 2/28/20)
BIA Finds Failure to Challenge Removability Constituted Ineffective Assistance of Counsel
Unpublished BIA decision finds that respondent’s prior attorney provided ineffective assistance of counsel by failing to argue that indecent exposure under Iowa Code 709.9 was not a CIMT. Special thanks to IRAC. (Matter of Kahn, 2/28/20)
CA3 Finds Circumstances Surrounding Threats of Violence to Nicaraguan Petitioner Established Cumulative Pattern of Past Persecution
Where the petitioner, the leader of a political opposition group in Nicaragua, had been subjected to a pattern of threatening words and conduct by the ruling party, the court found she had suffered past persecution, even in the absence of physical harm. (Herrera-Reyes v. Att’y Gen., 2/28/20)
CA11 Holds Federal Anti-Trafficking Law Applies to Private, For-Profit Contractors Operating Immigration Detention Centers
The court held that the Trafficking Victims Protection Act (TVPA) applies to private contractors operating federal immigration detention facilities, and that such contractors operating voluntary work programs may be liable for TVPA violations. (Barrientos, et al. v. Corecivic, Inc., 2/28/20)
CA5 Says Unexplained 10-Year Delay in Filing Motion to Reopen Evidenced Lack of Diligence
The court held that the BIA did not err in concluding that the unexplained 10-year delay between the petitioner’s removal order and his filing of a motion to reopen evidenced a lack of reasonable diligence. (Mejia v. Barr, 2/28/20)
CA5 Finds Information Required to Be in NTA May Be Supplied in One or More Documents
The court held that the information required to be contained in a Notice to Appear (NTA) may be supplied in more than one document, and that an NTA is perfected—and the stop-time rule is triggered—when a noncitizen receives all the required information. (Yanez-Pena v. Barr, 2/28/20)
New Rule Seems Designed to Halt Valid Immigration Court Petitions By Drastically Hiking Fees
AILA expressed serious concerns about a new proposed rule that would detrimentally impact individuals seeking a fair day in immigration court by drastically increasing fees required for forms submitted to EOIR.
TRAC Reports on Application of Public Charge Laws in Immigration Removal and Enforcement
Analyzing government records, TRAC found that, in the recent past, public charge laws have rarely been used to remove individuals from the U.S. and that there is “little data to suggest that America's immigration enforcement institutions are awash in immigrants who are unable to be self-sufficient.”
EOIR Proposed Rule Increasing Fees for Filings
EOIR proposed rule increasing the filing fees for forms and motions filed with EOIR. Comments are due 3/30/20. (85 FR 11866, 2/28/20)
ICE Issues Subpoenas to Obtain Information Refused Under Sanctuary Policies
ICE announced that the Washington County Sheriff’s Office in Oregon has responded to the subpoenas issued by ICE for non-public information on immigrants who were criminally arrested and detained in the county jail.
BIA Affirms Ruling That Sexual Offense in Violation of a Maryland Statute Enacted to Protect Minors Is a CIMT
Reaffirming Matter of Jimenez-Cedillo, 27 I&N Dec. 1 (BIA 2017), the BIA ruled that sexual solicitation of a minor in violation of section 3-324(b) of the Maryland Criminal Law is categorically a crime involving moral turpitude. Matter of Jimenez-Cedillo, 27 I&N Dec. 782 (BIA 2020)
Postponed: EOIR to Host Information Sessions in Advance of ECAS Launch in El Paso, El Paso SPC, and Otero
EOIR announced that information sessions that were supposed to take place in El Paso on March 19, 2020, in advance of ECAS launch at the El Paso, El Paso Service Processing Center, and Otero immigration courts have been postponed. Further information will be provided when available.
BIA Holds Pennsylvania Statute Not an Aggravated Felony or Firearms Offense
Unpublished BIA decision holds that possession of a firearm under 18 Pa. Const. Stat. 6105(a)(1) is neither an aggravated felony nor firearms offense because the state definition encompasses some antique firearms. Special thanks to IRAC. (Matter of Engelund, 2/27/20)
BIA Reverses Finding That Misdemeanor Conviction Was a Particularly Serious Crime
Unpublished BIA decision reverses finding that conviction for third degree assault under N.Y.P.L. 120.00(01) was a particularly serious crime because offense was a misdemeanor unaccompanied by any unusual circumstances. Special thanks to IRAC. (Matter of G-G-G-, 2/27/20)
Supreme Court Rules on Definition of “Serious Drug Offense” Under Armed Career Criminal Act
The Supreme Court held that the definition of a “serious drug offense” in 18 USC §924(e)(2)(A)(ii) requires only that the state offense involve the conduct specified in the statute; it does not require that the state offense match certain generic offenses. (Shular v. United States, 2/26/20)
CA3 Says Defective NTA Cannot Be Cured by Subsequent Notice of Hearing Containing Omitted Information
The court held that, in removal proceedings, Pereira v. Sessions prohibits DHS from curing a defective Notice to Appear (NTA) that has triggered the stop-time rule with a subsequent Notice of Hearing that contains the missing information. (Guadalupe v. Att’y Gen., 2/26/20)
CA7 Holds Conditions in Indonesia Did Not Materially Change for Ethnic Chinese and Buddhist Minorities Between 2003 and 2017
The court held that the BIA did not abuse its discretion in denying the motion to reopen of the petitioner, an Indonesian citizen of Chinese descent and of Buddhist faith, finding that country conditions had not materially changed since her 2003 removal hearing. (Meriyu v. Barr, 2/26/20)
CA4 Finds BIA Failed to Rebut Future-Threat Presumption Where Asylum-Seeking Honduran Petitioner Feared Abusive Ex-Partner
The court concluded that the BIA erred in finding that the government had rebutted the future-threat presumption, because it had failed to prove the petitioner’s circumstances had fundamentally changed and that she could avoid harm by relocating within Honduras. (Ortez-Cruz v. Barr, 2/26/20)
Attorney General Refers Case to Himself and Then Vacates Board’s Decision on Definition of “Torture”
The AG vacated the BIA’s decision granting deferral of removal under CAT and remanded for review, noting that the BIA should consider de novo respondent’s claim that it is more likely than not that he will be tortured upon return to Mexico. Matter of R-A-F-, 27 I&N Dec. 778 (A.G. 2020)