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
CA7 Says INA §242(a)(2)(A)’s Jurisdictional Bar Applied Where Petitioner Had Withdrawn Application for Admission
The court affirmed dismissal of the case for lack of jurisdiction under INA §242(a)(2)(A), finding that the jurisdictional bar still applied because an “order of removal” refers to both an order to remove and an order that a noncitizen is removable. (Odei, et al. v. DHS, et al., 9/10/19)
CA5 Upholds Denial of Asylum to Honduran Woman Who Claimed She Was Unable to Leave Her Relationship
The court held that substantial evidence supported BIA’s finding that petitioner had failed to show that she was harmed by her ex-boyfriend on account of her membership in the particular social group of Honduran women unable to leave their relationships. (Gonzales-Veliz v. Barr, 9/10/19)
IJ Finds Respondent’s Conviction for Grand Larceny in the Fourth Degree in New York Is Not a CIMT
The IJ found that the respondent’s conviction for grand larceny in the fourth degree in violation of New York law was not a crime involving moral turpitude (CIMT) pursuant to the Second Circuit’s decision in Obeya v. Sessions. Courtesy of Alexander Segal. (Matter of K-R-, 9/10/19)
BIA Rescinds In Absentia Order Due To Faulty NTA and Service Thereof
Unpublished BIA decision rescinds in absentia order because NTA did not contain warnings about addresses changes and the hearing notice was served on an attorney who previously withdrew from the case. Special thanks to IRAC. (Matter of Flores-Martinez, 9/10/19)
CA1 Finds NTA’s Failure to Include Time and Date of Removal Hearing Was Not a Jurisdictional Flaw
The court held that the Supreme Court’s decision in Pereira v. Sessions did not invalidate the petitioner’s Notice to Appear (NTA), even though the NTA failed to include the date and time of the petitioner’s removal hearing. (Goncalves Pontes v. Barr, 9/6/19)
EOIR Releases ECAS Handbooks and Manuals
Hoppock Law Firm obtained via FOIA the handbooks and manuals that identify how the EOIR Courts & Appeals System (ECAS) initiative and database work.
Groups File Lawsuit Challenging Legitimacy of Acting USCIS Director to Issue Several Asylum Directives
Several groups filed a lawsuit in federal court against the Trump administration to challenge a set of asylum directives issued by Acting USCIS Director Ken Cuccinelli, alleging that the directives violate the U.S. Constitution and federal law. (L.M.-M., et al. v. Cuccinelli, et al., 9/6/19)
Immigration Legal Services Provider Files Lawsuit Challenging Government’s Termination of Deferred Action Program
The Irish International Immigrant Center filed a lawsuit in federal court challenging the Trump administration’s 8/19 termination of USCIS field offices’ authority to grant deferred action in non-military cases. (Irish International Immigrant Center, Inc. v. Cuccinelli, et al., 9/5/19)
CA3 Finds IJ and BIA Misapplied Framework for Making Particularly Serious Crime Determinations
The court granted the petition for review, holding that the IJ and BIA erred in finding that the petitioner’s conviction for conspiracy to commit wire fraud was a conviction for a particularly serious crime rendering him ineligible for withholding of removal. (Luziga v. Att’y Gen., 9/5/19)
District Court Grants Preliminary Injunction Requiring ICE to Consider Asylum Seekers for Parole
The U.S. District Court for the District of Columbia granted the plaintiffs’ motion for a preliminary injunction, requiring DHS and the ICE New Orleans Field Office to immediately restore the procedures of parole and access to parole. (Heredia Mons, et al. v. McAleenan, et al., 9/5/19)
CA3 Finds Petitioner Became a U.S. Citizen Through His Father’s Naturalization Under Former INA §321(a)(2)
Granting the petition for review, the court held that, under the now repealed INA §321(a)(2), a child born outside of the United States to noncitizen parents became a citizen upon the naturalization of his or her surviving parent if one parent was deceased. (Tineo v. Att’y Gen., 9/4/19)
CA9 Holds BIA Erred in Finding Derivative Beneficiary Lacked Standing to Challenge Her Father’s I-829 Denial
The court granted in part the petition for review, finding that the BIA erred in finding that the petitioner lacked standing, as a derivative beneficiary of a noncitizen entrepreneur in the EB-5 program, to challenge her father’s I-829 denial. (Mu v. Barr, 9/4/19)
ICE ERO Removes 120 Cuban Nationals to Havana, Cuba
ICE ERO removed 120 Cuban nationals on an ICE Air Operations (IAO) charter mission to Havana, Cuba, on August 30, 2019. The removal was conducted in accordance with the Joint Statement signed by the U.S. and Cuban governments in January, 2017.
Over 150 Organizations Call for USCIS to Fully Restore Deferred Action Adjudications
On September 4, 2019, over 150 organizations, including AILA, sent a letter to USCIS Acting Director Ken Cuccinelli calling for the agency to fully restore its acceptance and adjudication of deferred action requests.
Deprivation of Medical Care to Children in CBP Custody
The American Immigration Council, AILA, and the Catholic Legal Immigration Network filed a complaint with DHS Office for Civil Rights and Civil Liberties, DHS Office of the Inspector General, and the FBI highlighting a systematic failure to provide adequate medical care to children in CBP custody.
Practice Alert: Denials and Refusals to Adjudicate Military Parole in Place Applications
AILA's USCIS HQ Committee has received reports of high rates of denials and processing delays for military parole in place applications at some USCIS field offices. The committee is also requesting examples, through a survey on this page, of impacted applications to further its advocacy efforts.
Complaint Demands Oversight of Customs and Border Protection (CBP) Facilities
Katie Shepherd, National Advocacy Counsel with the Immigration Justice Campaign, responds to the government’s systematic failure to provide adequate medical care to children in Customs and Border Protection (CBP) custody.
BIA Reverses Denial of Motion to Change Venue from Atlanta to New York
Unpublished BIA decision grants interlocutory appeal and reverses the denial of a motion to change venue to New York that the IJ had denied solely because the respondent had previously received change of venue to Atlanta. Special thanks to IRAC. (Matter of Singh, 9/3/19)
USCIS Re-Opens Previously Pending Non-Military Deferred Action Requests
USCIS announced that it will reopen non-military deferred action cases that were pending on August 7, 2019. Letters will be sent this week re-opening these cases. On August 7, USCIS stopped considering these requests and sent out letters noting it was no longer entertaining such requests.
HHS OIG Releases Report on Challenges in Addressing Mental Health Needs of Children in HHS Custody
HHS OIG visited 45 ORR-funded facilities and found that they reported several challenges in addressing the mental health needs of children in HHS care. The report notes that family separation policies exacerbated the challenges, as greater numbers of young children stayed longer in ORR custody.
CA1 Remands Guatemalan OMK Member’s Untimely Motion to Reopen Based on Changed Country Conditions
The court found that petitioner had offered evidence to support her claim that Guatemala had become more dangerous for Organizacion Maya K’Iche (OMK) members, and remanded for the BIA to assess whether the evidence established a change in country conditions. (Perez-Tino v. Barr, 8/30/19)
Members of Congress Express Opposition to USCIS's Decision to End Consideration of Non-Medical Deferred Action Requests
Members of Congress issued a bicameral letter to Acting DHS Secretary McAleenan, Acting USCIS Director Cuccinelli, and Acting ICE Director Albence urging the immediate reversal of a USCIS policy change ending the agency’s acceptance and adjudication of non-military deferred action requests.
AILA Quicktake #275: New DHS Regulation Eliminates Protections for Children and Families
On 8/23/19, DHS issued a regulation that would reverse the protections of the Flores Settlement Agreement. Katy Murdza, Dilley Pro Bono Project’s Advocacy Manager, discusses how this new regulation will impact children and families in government custody.
ICE Final Rule Exempting FALCON Search and Analysis System of Records from Privacy Act
ICE final rule exempting portions of the DHS/ICE–016 FALCON Search and Analysis System of Records from certain provisions of the Privacy Act. The rule is effective 8/30/19. (84 FR 45641, 8/30/19)
AILA: Fourth Circuit Strikes Down Attorney General Opinion, Restores Fundamental Power to Immigration Judges
AILA responded to the Fourth Circuit U.S. Court of Appeals ruling in Zuniga Romero v. Barr that immigration judges have the authority to administratively close cases pending before them; the court concluded immigration law unambiguously permits immigration judges to control their own dockets.