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
CRS Releases Legal Sidebar on the First Amendment and “Encouraging” or “Inducing” Unlawful Immigration
CRS released a legal sidebar on U.S. v. Sineneng-Smith in which SCOTUS is considering the constitutionality of a prohibition against encouraging or inducing unlawful immigration. The sidebar provides an overview of the case, issues raised by it, and potential implications for Congress.
Members of Congress Seek Information on DHS’s Plan to Prevent and Respond to COVID-19 in Detention Facilities
On March 11, 2020, Representatives Carolyn B. Maloney (D-NY) and Jamie Raskin (D-MD) sent a letter to DHS seeking information on its plan for preventing and responding to a potential coronavirus outbreak in ICE and CBP migrant detention facilities and in the broader immigrant community.
BIA Holds Georgia Involuntary Manslaughter Not a CIMT
Unpublished BIA decision holds that involuntary manslaughter under Geo. Code Ann. 16-5-3(a) is not a CIMT because it requires only criminal negligence. Special thanks to IRAC. (Matter of Kolubah, 3/11/20)
BIA Finds Exploitation of Elderly Persons in Florida Not an Aggravated Felony Theft Offense
Unpublished BIA decision holds that exploitation of an elderly person under Fla. Stat. 825.103(1) is not an aggravated felony theft offense because it does not include lack of consent as an element. Special thanks to IRAC. (Matter of Joseph, 3/10/20)
CRS Releases Legal Sidebar on Immigration Enforcement and the Anti-Commandeering Doctrine
CRS released an updated legal sidebar summarizing litigation filed by several states and localities challenging the withholding of federal funds based on failure to comply with 8 U.S.C. §1373 and §1644 which require state and local entities to share information with federal immigration authorities.
DOJ Final Rule on DNA Collection from Immigration Detainees
DOJ final rule which gives the Attorney General plenary legal authority to direct DHS to collect DNA samples from immigration detainees. The rule is effective 4/8/20. (85 FR 13483, 3/9/20)
CA8 Upholds BIA’s Denial of Asylum to Mexican Petitioner with Schizophrenia
The court held that the record was not so substantial that a reasonable factfinder would conclude that Mexico’s government targets individuals who belong to the particular social group of “individuals with schizophrenia who exhibit erratic behavior.” (Perez-Rodriguez v. Barr, 3/9/20)
CA1 Upholds Denial of Motion to Reopen of Petitioner Who Feared Gang Violence in Guatemala
The court concluded that the BIA did not abuse its discretion in denying the petitioner’s motion to reopen on the grounds that he did not establish changed country conditions based on his fear of returning to Guatemala due to gang activity. (Molina v. Barr, 3/9/20)
ICE Releases Interim Reference Sheet on 2019-Novel Coronavirus
ICE released guidance for its Health Services Corps related to 2019-Novel Coronavirus (COVID-19), including that medical staff should educate detainees on proper hygiene and requesting a sick call if ill as well as how to identify detainees with revised CDC criteria for COVID-19 exposure.
DOJ Authorizes DHS to Begin Collecting DNA Samples from Certain Immigration Detainees
DOJ issued a final rule to implement the Attorney General’s authority, provided by the DNA Fingerprint Act of 2005, to direct DHS to collect DNA samples from certain non-U.S. persons it detains. The DNA samples will be entered into the FBI’s Combined DNA Index System (CODIS).
BIA Rules that Interpol Red Notices May Constitute Reliable Evidence of Serious Nonpolitical Crime
The BIA ruled that an Interpol Red Notice may constitute reliable evidence for the serious nonpolitical crime bar for asylum, and that violation of §345, Salvadoran Penal Code, is “serious” within meaning of the serious nonpolitical crime bar. Matter of W-E-R-B-, 27 I&N Dec. 795 (BIA 2020)
BIA Dismisses Charge of Conspiracy to Commit Fraud-Related Aggravated Felony
Unpublished BIA decision finds that respondent was not convicted of an aggravated felony under INA 101(a)(43)(U) where the IJ dismissed the corresponding charge under INA 101(a)(43)(M) because the loss to the victim was less than $10,000. Special thanks to IRAC. (Matter of Gray, 3/6/20)
AILA DOS Liaison Q&As (3/5/20)
Official AILA/DOS liaison Q&As from a 3/5/20 meeting. Topics include: DOS Visa Office operations, the visa bulletin, NVC issues, international office closures, public charge issues, PP 9645 waivers, E visas, issues for those of Iranian descent, a final rule concerning “birth tourism,” and more.
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)