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 Rules That Making Terroristic Threats in Violation of §609.713, Subdivision 1, of the Minnesota Statutes Is a CIMT
BIA ruled that the offense of making terroristic threats in violation of section 609.713, subdivision 1, of the Minnesota Statutes is categorically a crime involving moral turpitude. Matter of Haji Osman Salad, 27 I&N Dec. 733 (BIA 2020)
CA7 Upholds Finding That Petitioner Failed to Establish Extreme Hardship Under INA §240A(b)(2)(A)(v)
The court denied the petition for review, holding that the IJ and the BIA adequately evaluated the four relevant factors for assessing whether a noncitizen has met the extreme-hardship standard and the evidence that the petitioner had presented. (Simental-Galarza v. Barr, 1/2/20)
EOIR Issues Guidance on the Submission and Processing of Requests for Speaking Engagements
EOIR issued guidance to announce the establishment of a new automated speaking engagement request portal and to restate EOIR’s established policy on speaking engagements and the procedures employees must follow when requesting approval to speak at outside engagements.
BIA Terminates Proceedings Following Grant of U Nonimmigrant Status
Unpublished BIA decision reopens and terminates proceedings sua sponte over DHS opposition following grant of U nonimmigrant status. Special thanks to IRAC. (Matter of Mariano-Martinez, 12/31/20)
CBP Directive on Enhanced Medical Support Efforts
CBP’s Office of the Commissioner issued a directive directing CBP’s “deployment of enhanced medical support efforts to mitigate risk to, and sustain enhanced medical efforts for persons in CBP custody along the Southwest Border” as a result of the surges in unaccompanied children and family units.
AILA Submits Amicus Brief to the Fifth Circuit on the Two-Step Notice Process
AILA submitted an amicus brief in Munoz-Granados v. Barr arguing that the BIA’s conclusion that the two-step process triggers the stop-time rule conflicts with the statute’s unambiguous text and departs unreasonably from the consistent recognition of an NTA as a single document.
CA10 Remands Withholding of Removal Claim to Consider Petitioner’s Pattern-or-Practice Argument
The court remanded the case to the BIA for further consideration of the petitioner’s withholding of removal claim, in order to determine whether his fear of future persecution was based on a pattern or practice of the Democratic Republic of the Congo government. (Matumona v. Barr, 12/30/19)
CA7 Upholds Denial of Motion to Reopen Where Mexican Petitioner Alleged Ineffective Assistance of Counsel
The court held that the BIA did not abuse its discretion in denying petitioner’s motion to reopen based on her attorney’s allegedly ineffective assistance in not advancing her claim she would be persecuted upon return to Mexico as a result of mental illness. (Garcia-Arce v. Barr, 12/30/19)
CA3 Transfers Case to District Court for Hearing on Whether Petitioner’s Parents Had a Legal Separation
The court vacated the BIA’s decision affirming the IJ’s denial of the petitioner’s citizenship claim and transferred the petition for review to a district court for a de novo hearing to determine whether the petitioner’s parents were separated legally. (Espichan v. Att’y Gen., 12/27/19)
CA8 Finds Reinstatement Statute Prevented Petitioner from Attacking Validity of His Underlying Removal Order
The court denied the petition for review of the petitioner’s reinstatement order, finding that it lacked jurisdiction to consider the petitioner’s arguments concerning the validity of his underlying removal order. (Lara-Nieto v. Barr, 12/27/19)
CA8 Finds Petitioner Did Not Raise a Valid Constitutional Claim or Question of Law Regarding Denial of Cancellation Application
The court held that the BIA did not err in finding that the petitioner had failed to satisfy his burden to show that his children would suffer an “exceptional and extremely unusual hardship” should he be removed and should his children accompany him to Mexico. (Apolinar v. Barr, 12/27/19)
BIA Holds Current Valid Passport Not Required for Voluntary Departure
Unpublished BIA decision holds that applicants for voluntary departure need only have authorization to enter country to which they would depart and thus do not need a current valid passport. Special thanks to IRAC. (Matter of Hernandez-Oviedo, 12/27/19)
BIA Rescinds In Absentia Order Against Respondent Who Was Stuck in Traffic
Unpublished BIA decision rescinds in absentia order due to ineffective assistance of counsel because the respondent’s attorney failed to enter the courtroom and alert the IJ that the respondent was stuck in traffic. Special thanks to IRAC. (Matter of Singh, 12/27/19)
CA9 Says Noncitizens Subject to Expedited Removal Under INA §238 Have Statutory Right to Counsel in Reasonable Fear Proceedings
The court held that, based on the plain language of INA §238, noncitizens who have been convicted of aggravated felonies and who are subject to expedited removal under §238 have a statutory right to counsel in reasonable fear proceedings before IJs. (Zuniga v. Barr, 8/20/19, amended 12/26/19)
CA10 Holds BIA Did Not Err in Concluding Petitioner Convicted of Theft Was Ineligible for Cancellation of Removal
The court upheld the BIA’s determination that the petitioner was ineligible to apply for cancellation of removal, because she was unable to show that her 2007 Aurora, Colorado, theft conviction was not a disqualifying crime involving moral turpitude (CIMT). (Robles-Garcia v. Barr, 12/24/19)
CA11 Denies Emergency Stay of Removal Where Petitioner Failed to Show a Change in Country Conditions in Jamaica
The court held that petitioner was not entitled to an emergency stay of removal, concluding that the BIA had reasonably found he had failed to show a change in country conditions in Jamaica, and thus was not exempt from the deadline to file a motion to reopen. (Blake v. Att’y Gen., 12/23/19)
CA11 Remands After Finding Insufficient Evidence to Evaluate District Court’s Denial of Petition for Habeas Relief
The court reversed the district court’s denial of the petition for a writ of habeas corpus and remanded to determine whether the petitioner, who had been detained by ICE for more than 31 months, was entitled to release under Zadvydas v. Davis. (Singh v. Att’y Gen., 12/23/19)
Practice Pointer: Recent BIA Changes Likely to Alter Both Operations and Substance of Decisions
Three recent policy changes at EOIR have the potential to significantly alter both BIA operations and the substance of its decisions. This practice pointer summarizes the main changes made by each policy, how they could work in tandem to change the BIA, and key takeaways for practitioners.
BIA Says DHS Attorneys Cannot Leave Courtroom Before IJ Issues Decision
Unpublished BIA decision states that DHS attorneys may not leave prior to the issuance of an oral decision unless they are excused by the IJ for good cause. Special thanks to IRAC. (Matter of Lopez Velasquez, 12/23/19)
EOIR to Open New Immigration Court in Houston
EOIR will open a new immigration court in Houston, Texas, on S. Gessner Road on January 6, 2020. Notice includes information regarding all three Houston-area immigration courts, including court locations, contact information, and hours of operation.
USCIS Releases Policy Alert on the Effect of Travel Abroad by TPS Beneficiaries with Final Orders of Removal
USCIS updated its policy manual to clarify the effect of travel abroad by TPS beneficiaries with final removal orders. Per USCIS, TPS beneficiaries who depart and return to the U.S. based on authorization to travel remain in the exact same immigration status and circumstances as when they left.
EOIR to Swear in 28 New Immigration Judges
EOIR announced that it will invest 28 new immigration judges (IJs) on December 20, 2019, bringing the IJ corps to its highest level in history with more than 465 IJs on the bench. The new judges were appointed by AG William Barr. Notice includes judges’ biographical information.
Congress Authorizes Ombudsman for Immigration Detention
Congress authorized the creation of an Ombudsman for Immigration Detention in Pub. L. No. 116-93. The new office will be independent of DHS agencies and officers and will report directly to the DHS Secretary.
CA2 Says BIA Appeal Filing Deadline Is a Claim-Processing Rule Amenable to Equitable Tolling
The court held that the BIA must consider the principles of equitable tolling when an untimely appeal is filed and the petitioner raises the issue, as the petitioner did in this case, and remanded to the BIA to consider whether equitable tolling applied. (Attipoe v. Barr, 12/19/19)
ICE Issues Updated National Detention Standards
ICE issued the National Detention Standards (NDS) 2019, which supersede the standards issued in 2000. Designed for non-dedicated facilities, the revised NDS eliminate or greatly reduce a number of prior standards, including for emergency plans, non-medical emergency escorted trips, and more.