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
DOJ to Direct DHS to Collect DNA Samples from Non-U.S. Person Detainees
DOJ issued a notice of proposed rulemaking that would restore to the Attorney General the authority to authorize and direct DHS to collect DNA samples from the non-U.S. persons it detains. The DNA samples collected by DHS will be entered into the FBI’s Combined DNA Index System (CODIS).
BIA Finds Crime of Dissuading a Witness in Violation of §136.1(b)(1) of the California Penal Code Is an Aggravated Felony Offense
Applying Matter of Valenzuela Gallardo retroactively, BIA dismissed respondent’s appeal finding that the crime of dissuading a witness in violation of §136.1(b)(1) of the CA Penal Code is categorically an aggravated felony offense. Matter of Cordero-Garcia, 27 I&N Dec. 652 (BIA 2019)
CA10 Upholds Denial of Asylum to Salvadoran Threatened Due to Political Graffiti Painted on His House
The court upheld the BIA’s conclusions that the assault petitioner suffered was based on a personal disagreement rather than on account of his political opinion, and that the threat of future harm made to him was not due to his imputed political opinion. (Escobar-Hernandez v. Barr, 10/18/19)
BIA Finds Conviction for Fourth-Degree Sexual Offense in Maryland Is Not a CIMT
Unpublished BIA decision terminated removal proceedings after concluding that DHS failed to establish by clear and convincing evidence that respondent’s fourth-degree sexual offense in Maryland was a crime involving moral turpitude (CIMT). Courtesy of Eric Singer. (Matter of –, 10/17/19)
Members of Congress Call for Investigation of Tent Courts
A group of Democratic leaders in the House of Representatives sent a letter to the DHS Inspector General and DOJ Inspector General calling for an investigation of the use of tent facilities to adjudicate immigration hearings via video teleconference for asylum seekers subject to Remain in Mexico.
BIA Holds Maryland Sexual Offense Not a CIMT
Unpublished BIA decision holds that fourth-degree sexual offense under Md. Code Ann., Crim. Law 3-308(b)(1) is not a CIMT because the required mental state may include negligence. Special thanks to IRAC. (Matter of Henriquez-Dimas, 10/17/19)
AILA Submits FOIA Request on EOIR's Hiring Procedures
AILA submitted a Freedom of Information Act (FOIA) request for EOIR’s hiring procedures for appellate immigration judge (AIJ) positions and Board Member positions established on March 8, 2019.
CA7 Finds It Lacks Jurisdiction to Review BIA’s Discretionary Decision Declining to Reopen Proceedings Sua Sponte
The court dismissed the petition for review for lack of jurisdiction to the extent that the BIA had declined to reopen the proceedings sua sponte, and upheld the BIA’s denial of the petitioner’s motion to reconsider and reopen the BIA’s decision of 2003. (Malukas v. Barr, 10/15/19)
CA5 Remands Asylum Claims in Light of Matter of L-E-A- Where Petitioner’s Particular Social Group Was His Family
The court vacated and remanded in light of Matter of L-E-A-, after finding that the BIA's reliance on the factual findings of the IJ were likely impacted by the incorrect legal posture through which the IJ viewed the case. (Pena Oseguera v. Barr, 8/23/19, amended 10/15/19)
Practice Pointer: EOIR Policy Memo, Use of Status Dockets
AILA Practice Pointer on EOIR policy memo 19-13, use of status dockets. Status cases are "cases in which an immigration judge must delay final adjudication of the case pursuant to law."
BIA Finds “Offense of Menacing” in Violation of Oregon’s Revised Statutes §163.190 Is a CIMT
The BIA dismissed the respondent’s appeal and distinguished his case from Matter of Solon, finding that the offense of menacing in violation of §163.190 of Oregon Revised Statutes is categorically a crime involving moral turpitude (CIMT). Matter of J-G-P, 27 I&N Dec. 642 (BIA 2019)
EOIR Swears in 27 New Immigration Judges
EOIR announced the investiture of 27 new immigration judges appointed by Attorney General William Barr. Notice includes the judges' biographical information.
BIA Terminates Proceedings Against Respondent Convicted of Stealing a Firearm in Connecticut
Unpublished BIA decision holds stealing a firearm under Conn. Gen. Stat. 53a-212 not an aggravated felony theft because it does not require lack of owner consent and not a firearms offense because state definition includes BB guns. Special thanks to IRAC. (Matter of Sylpha, 10/11/19)
BIA Reverses IJ for Questioning Validity of State Court Dependency Order
Unpublished BIA decision reverses decision rescinding adjustment of status because IJ improperly determined state court lacked jurisdiction to issue dependency order. Special thanks to IRAC. (Matter of Urias-Velasquez, 10/11/19)
CA4 Holds Noncitizens in Withholding-Only Proceedings Are Entitled to Individualized Bond Hearings
The court held that noncitizens subject to reinstated removal orders have the right to individualized bond hearings before IJs, which could lead to their release during the pendency of their withholding-only proceedings. (Guzman Chavez, et al. v. Hott, et al., 10/10/19)
EOIR Announces Case Completion Numbers for FY2019
EOIR announced that the agency’s case completion number topped 275,000 cases for FY2019, making it the second highest number of case completions in EOIR history. EOIR has 987,000 cases pending as of the end of FY2019, and saw 444,000 new cases filed in FY2019.
CA11 Says Conviction for Delivery of Cocaine in Washington Is an Aggravated Felony
The court held that a conviction for delivery of cocaine under Washington law categorically qualifies as an aggravated felony under INA §101(a)(43), and thus that petitioner was barred from establishing the good moral character necessary for naturalization. (Bourtzakis v. Att'y Gen., 10/9/19)
CRS Report on the Legal Framework of Expedited Removal
CRS released a report on expedited removal, including the legal framework behind it, the process of expedited removal, detention and parole of individuals subject to expedited removal, limitations to judicial review, and constitutional and legal challenges.
CA8 Finds It Lacks Jurisdiction to Review BIA’s Discretionary Decision to Deny Cancellation of Removal
The court upheld the BIA’s denial of cancellation of removal to the petitioner, holding that the BIA’s determination that the petitioner was not entitled to cancellation of removal was a discretionary decision beyond the scope of the court’s review. (Urrutia Robles v. Barr, 10/8/19)
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 10/1/19 and ending 12/31/19, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 2.04 per centum per annum. (84 FR 53835, 10/8/19)
CA7 Affirms Conviction of Defendant Despite District Court’s Failure to Inform Him of Potential Immigration Consequences of Guilty Plea
The court held that the defendant failed to demonstrate a reasonable probability that, had the district court informed him of the potential immigration consequences of his guilty plea, he would not have pleaded guilty, and thus affirmed his conviction. (United States v. Zacahua, 10/8/19)
Motion for Extension to File Opening Brief – Eighth Circuit
Sample motion for a 30-day extension to file opening brief for the eight circuit.
CA6 Says Government Need Not Satisfy Requirements of INA §239(a)(1)(A)-(G) in a Single Document
The court held that a Notice to Appear (NTA) may be served on a noncitizen through more than one written communication and still constitute notice if the communications collectively give all the information required to be provided by INA §239(a)(1)(A)-(G). (Garcia-Romo v. Barr, 10/4/19)
AILA DOS Liaison Q&As (10/3/19)
Official AILA/DOS liaison Q&As from a 10/3/19 meeting. Topics include: DS-160 and DS-260, public charge issues, PP 9645 waivers, Arya Samaj weddings, I visas, prudential revocation, processing at various consular posts, reason to believe denials, USCIS overseas office closures, and more.
AILA Submits an Amicus Brief in the Third Circuit on the Two-Step Notice Process
AILA submitted an amicus brief in Ramirez Perez v. Barr, arguing that the BIA’s conclusion of the two-step process triggers the stop-time rule conflicts with the statute’s unambiguous text and unreasonably departs from the agency’s consistent recognition that a NTA is a single document.