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 Report on Unauthorized Childhood Arrivals, DACA, and Related Legislation
CRS updated its report on legislative activity in Congress related to unauthorized childhood arrivals, including the original Dream Acts in the 107th and 108th Congresses, establishment of DACA in 2012, and DACA since 2017.
BIA Finds Pennsylvania Statute Not a Firearms Offense
Unpublished BIA decision holds that carrying a firearm without a license under 18 Pa. Cons. Stat. 6106(a)(1) is not a firearms offense because it applies to antique firearms that are suitable for use. Special thanks to IRAC. (Matter of Santana Colon, 6/30/20)
EOIR Releases Statistics on All Pending I-862 Proceedings and Pending I-862 Proceedings Originating with a Credible Fear Claim
EOIR released statistics on all pending I-862 proceedings and pending I-862 proceedings originating with a credible fear claim. As of June 30, 2020, EOIR had a total of 1,199,965 pending I-862 proceedings, out of which 223,118 originated with a credible fear claim.
EOIR Released Asylum Decision and Filing Rates in Cases Originating with a Credible Fear Claim
EOIR released data on asylum decision rates (grants, denials, administrative closure, and other) and asylum filing rates for cases that originated with a credible fear claim for FY2008 through the third quarter of FY2020 (through June 30, 2020).
EOIR Released Statistics on Defensive Asylum Applications
EOIR released statistics on defensive asylum applications from FY2008 through the third quarter of FY2020. In FY2020 (through June 30, 2020), EOIR received 123,615 defensive asylum applications and granted 9,868 applications, for a defensive receipts to grants ratio of 12.52:1.
CA9 Finds Asylum Applicant’s Testimony Alone Was Not Sufficient to Satisfy Social Distinction Requirement for PSGs
The court held that petitioner had failed to establish that his proposed particular social groups (PSGs) comprised of “Mexican professionals who refuse to cooperate with drug cartels” and “agronomists who refuse to help cultivate drugs” were socially distinct. (Diaz-Torres v. Barr, 6/29/20)
CA4 Upholds Asylum Denial to Salvadoran Who Feared Persecution by His Brother’s Murderers
The court held that substantial evidence supported the BIA’s conclusion that the attackers who threatened the petitioner were motivated by a desire to prevent him from reporting his brother’s murder to the police, and not by the petitioner’s family ties. (Cedillos-Cedillos v. Barr, 6/26/20)
CA6 Upholds Denial of Motion to Reopen Where BIA Found Petitioner Had Failed to Overcome Presumption of Receipt of Mailed Notices
Where the evidence was conflicting, the court held that a reasonable adjudicator could conclude that the petitioner had failed to overcome the presumption that he had received notices of his hearing that were mailed to his aunt and uncle’s address. (Valadez-Lara v. Barr, 6/26/20)
CA8 Finds BIA Did Not Err in Denying CAT Relief to HIV-Positive Member of the Begedi Clan in Somalia
The court upheld the BIA’s denial of petitioner’s application for deferral of removal under the Convention Against Torture (CAT), finding that the IJ had clearly erred in forecasting that petitioner would more likely than not be tortured if returned to Somalia. (Abdi Omar v. Barr, 6/26/20)
District Judge Orders ICE to Release All Children Currently Held in Detention
Due to COVID-19, a district court judge ordered that all children currently held at ICE Family Residential Centers (FRCs) for more than 20 days must be released by 7/17/20, stating that FRCs are “on fire” and there is no more time for half measures. (Flores, et al. v. Barr, et al., 6/26/20)
CA9 Finds Mexican Petitioner Targeted by Los Zetas Drug Cartel Is Entitled to CAT Relief
The court held that the evidence compelled the conclusion that it was more likely than not Los Zetas would target petitioner for murder or other torture if she were removed to Mexico, and remanded for the BIA to grant Convention Against Torture (CAT) relief. (Xochihua-Jaimes v. Barr, 6/26/20)
BIA Finds New York Statute Not a Firearms Offense
Unpublished BIA decision holds that criminal possession of a weapon in the second degree under N.Y.P.L. 265.03(3) is not a firearms offense because it applies to loaded antique firearms. Special thanks to IRAC. (Matter of Disla, 6/26/20)
CA7 Upholds Denial of Asylum to Argentinian Petitioner Who Alleged Persecution Based on His Family Membership
The court held that the record supported the BIA’s conclusion that petitioner had not presented a case warranting relief because of a credible fear of persecution or torture, and that the BIA had correctly determined that a waiver signed upon his entry was valid. (Ferreyra v. Barr, 6/16/20)
Supreme Court Says INA §242(e)(2) Does Not Violate Suspension or Due Process Clauses
The U.S. Supreme Court held that, as applied in the case, INA §242(e)(2)—which limits the habeas review obtainable by a noncitizen detained for expedited removal—does not violate the Suspension or Due Process Clauses of the Constitution. (DHS v. Thuraissigiam, 6/25/20)
Advocates Demand Release of Individuals Endangered in Texas Detention Facility
On June 23, 2020, the law firm Gibson Dunn & Crutcher LLP, through their pro bono work with the Immigration Justice Campaign, filed a group habeas petition demanding the release of individuals detained in the Joe Corley Detention Facility in Conroe, Texas due to the conditions at this ICE facility.
EOIR to Resume Hearings in Non-Detained Cases at Some Immigration Courts
EOIR announced it will resume non-detained hearings and master calendar dockets involving small numbers of respondents at immigration courts in Boston, Buffalo, Dallas, Hartford, Las Vegas, and New Orleans on 6/29/20. The option to file by email at these and some other courts will end on 8/26/20.
CA11 Says Petitioner’s Conviction for Possession with Intent to Distribute Ecstasy in Georgia Was as an Aggravated Felony
Applying the modified categorical approach, the court determined that the petitioner’s 2003 conviction for possession with intent to distribute ecstasy under Georgia Statute §16-13-30 qualified as an aggravated felony involving a drug trafficking crime. (Gordon v. Att’y Gen., 6/24/20)
Three Organizations Challenge Expanded Expedited Removal Procedures
A district judge issued an order blocking DHS from expanding expedited removal to many individuals who are in the interior of the U.S. or have been in the U.S. for more than 14 days. (Make the Road NY v. McAleenan, 9/27/19)
BIA Equitably Tolls Deadline to Rescind In Absentia Order Based on Ineffective Assistance
Unpublished BIA decision equitably tolls 180-day time limit on motion to rescind in absentia order based on ineffective assistance of counsel. Special thanks to IRAC. (Matter of Enriquez-Godinez, 6/24/20)
CA2 Remands Asylum Claim to Consider Petitioners’ Evidence of Changed Country Conditions in Indonesia
The court held that the BIA’s denial of the petitioners’ motion to reopen failed to account for relevant evidence of changed country conditions for Christians in Indonesia, and that 8 CFR §1003.2(c)(1) did not require them to submit a new asylum application. (Tanusantoso v. Barr, 6/23/20)
CA8 Says Conviction in Minnesota for Obstruction of Legal Process Is Not Categorically a CIMT
The court held that the BIA erred in finding that the petitioner’s conviction in Minnesota for obstruction of legal process was categorically a crime involving moral turpitude (CIMT), and thus granted the petition for review and vacated the BIA’s order of removal. (Ortiz v. Barr, 6/23/20)
Senators Send Letter to EOIR Director About EOIR’s Decision to Resume Hearings Amid COVID-19 Pandemic
Senator Warren (D-MA) led a group of senators in sending a letter to EOIR Director McHenry about EOIR’s decision to resume non-detained hearings, its process for making that decision, and its communication of that decision to stakeholders. The letter echoes AILA’s concerns about EOIR’s decision.
AILA and Partners Call on DHS and USCIS to Immediately Reinstate DACA
One hundred and fifty-five organizations, including AILA, sent a letter urging DHS and USCIS to immediate reinstate DACA, including accepting initial applications and granting advance parole. The letter also calls on DHS and USCIS to work with the Senate to pass the American Dream and Promise Act.
D.C. Circuit Court Reversed District Court’s Grant of a Preliminary Injunction in Challenge to Expanded Expedited Removal Process
The D.C. Circuit Court of Appeals affirmed that the district court had jurisdiction, but vacated the preliminary injunction. The court reasoned that the merits of plaintiffs’ notice and comments claims were not likely to succeed. (Make the Road New York, et al., v. Wolf, et al., 6/23/20)
BIA Reopens Proceedings Sua Sponte for Parent of Active Military Member
Unpublished BIA decision reopens proceedings sua sponte to let respondent adjust status based on approved visa petition filed by U.S. citizen child who is active member of the military. Special thanks to IRAC. (Matter of Oh, 6/23/20)