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
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.
EOIR Releases FY2018 Statistics Yearbook
EOIR released its FY2018 statistics yearbook with data on cases before immigration courts, BIA, and OCAHO. The data includes information on respondents’ cases by nationality, language, and disposition, and provides asylum case information. Information on FOIA receipts is also included.
BIA Holds Connecticut Narcotics Statute Not a Deportable Offense
Unpublished BIA decision holds that conspiracy to sale of narcotics under Conn. Gen. Stat. 21a-277(a) is not an aggravated felony or controlled substance offense because the state schedule is overbroad and indivisible. Special thanks to IRAC. (Matter of Mullings-Reeves, 8/30/19)
BIA Reverses IJ For Disregarding Prior Decision Finding Respondent Did Not Waive Appeal
Unpublished BIA decision finds that IJ improperly certified case back to the Board based on his view that the respondent had waived appeal, when the Board previously found that the respondent did not validly waive appeal. Special thanks to IRAC. (Matter of Carrillo Mazariegos, 8/29/19)
CA4 Says IJs and BIA Have General Authority to Administratively Close Cases and Vacates Matter of Castro-Tum
The court granted the petition for review, concluding that the plain language of 8 CFR §§1003.10(b) and 1003.1(d)(1)(ii) unambiguously confers upon IJs and the BIA the general authority to administratively close cases. (Romero v. Barr, 8/29/19)
Press Call: AILA Experts Join Members of Congress to Discuss USCIS’s Elimination of Non-Military Deferred Action
On 8/29/19, AILA experts were joined by Senator Ed Markey (D-MA), Representatives Ayanna Pressley (D-MA) and Judy Chu (D-CA), and an impacted individual, to discuss USCIS’s elimination of non-military deferred action at field offices.
CA8 Finds Nebraska Theft by Receiving Offense Is Categorically a CIMT
The court upheld the BIA’s determination that the petitioner was ineligible for cancellation of removal, because his Nebraska theft by receiving offense was categorically a crime involving moral turpitude (CIMT). (Reyna v. Barr, 8/29/19)
AILA Quicktake #274: USCIS Eliminates Non-Military Deferred Action at Local Field Offices
On 8/7/19, USCIS field offices stopped adjudicating requests for deferred action from non-military applicants. AILA’s Policy Associate Paul Stern explains what this policy change, which occurred without public notice, means for immigrants and their families who seek to remain in the United States.
EOIR Notice and Request for Comments on Proposed Revisions to Form EOIR-56
EOIR notice and request for comments on proposed revisions to Form EOIR-56, Request to be Included on the List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings. Comments will be accepted until 10/28/19. (84 FR 45173, 8/28/19)
CA5 Finds Oklahoma Firearm Transportation Conviction Did Not Disqualify Petitioner from Cancellation of Removal
The court held that the petitioner’s conviction did not disqualify him from seeking cancellation of removal, because the Oklahoma misdemeanor of transporting a loaded firearm in a motor vehicle is not one of the firearms offense listed in INA §237(a)(2)(C). (Flores-Abarca v. Barr, 8/28/19)
CA1 Upholds Denial of Asylum to 21-Year-Old Salvadoran Who Suffered Abuse by Family Members
The court held that substantial evidence supported the agency’s findings that petitioner was no longer a member of his proposed social group composed of minors, and that changed circumstances in El Salvador made his fears of future persecution unfounded. (Miranda-Bojorquez v. Barr, 8/27/19)
DHS Reprogramming and Transferring $271 Million to Fund ICE Detention Beds and Open Temporary MPP Immigration Hearing Facilities
DHS announced that it is reprogramming and transferring $116 million of available funds to fund ICE single adult detention beds and transportation, and another $155 million to establish and operate temporary Migrant Protection Protocol (MPP) Immigration Hearing Facilities along the southern border.
ICE 60-Day Notice and Request for Comments on Proposed Revisions to Form I-352
ICE 60-day notice and request for comments on proposed revisions to Form I-352, Immigration Bond. Comments are due 10/28/19. (84 FR 44913, 8/27/19)
AILA Insight: Cancellation of Removal: Proving the Continuous Physical Presence Requirement
AILA member Matthew Boles discusses cancellation of removal and its continuous physical presence requirements, including how to calculate physical presence and which documents can be used to prove continuous physical presence.
CA9 Upholds Denial of Asylum to Indian Citizen Who Engaged in Whistleblowing Activities Exposing Police Corruption
Rejecting petitioner’s argument that Matter of N–M– is an unreasonable interpretation of the INA, the court held that petitioner had not established that he was persecuted because of his political opinion during confrontations with police in Punjab, India. (Singh v. Barr, 8/27/19)
DOJ Interim Rule Making Changes to EOIR, Including Delegating New Authority to EOIR Director
DOJ interim rule making organizational changes to EOIR including delegating authority to adjudicate backlogged appeals from the AG to the EOIR Director. The rule is effective 8/26/19, with comments accepted through 10/25/19. CLINIC provides a template comment. (84 FR 44537, 8/26/19)
TRAC Report Shows Number of Immigrants Awaiting Immigration Court Hearings Under Migrant Protection Protocols Increasing
TRAC found that during July 2019, 11,804 immigrants were sent to Mexico to await their MPP hearings, up from 5,883 in June. As of July-end, 26,001 immigrants have been channeled into MPP hearings. During July, 22.3 percent of newly recorded Immigration Court cases were assigned to Remain in Mexico.
Statement by Immigration Judges Union on Interim Rule Making Changes to Immigration Court System
Statement by the National Association of Immigration Judges on the interim rule published at 84 FR 44537, which makes significant changes to the organization of EOIR, including delegating authority to adjudicate backlogged appeals from the Attorney General to the EOIR Director.
EOIR Swears in Six New Board Members
EOIR announced the investiture of six new Board members: William A. Cassidy, V. Stuart Couch, Deborah K. Goodwin, Stephanie E. Gorman, Keith E. Hunsucker, and Earle B. Wilson. All six members were appointed by Attorney General William Barr in August 2019.
BIA Issues Decision Clarifying Standard of Proof to Establish Marriage Fraud Under INA §204(c)
The BIA issued a decision clarifying the “substantial and probative evidence” standard of proof necessary to bar the approval of a visa petition based on marriage fraud under INA §204(c). Matter of Singh, 27 I&N Dec. 598 (BIA 2019)
EOIR Announces Selection of Four New Assistant Chief Immigration Judges
EOIR announced four new assistant chief immigration judges (ACIJs). ACIJs oversee the operations of the immigration courts to which they are assigned. The new ACIJs are: Grady A. Crooks, LaSalle; Theresa Holmes-Simmons, Charlotte; Hugo R. Martinez, Fort Worth; and Christopher R. Seppanen, Detroit.
DHS and HHS Final Rule Amending the Regulations Relating to Custody of Minors
Joint DHS and HHS final rule amending the regulations relating to the apprehension, processing, care, custody, and release of noncitizen minors. The promulgation of this rule is intended to terminate the Flores Settlement Agreement. The rule is effective 10/22/19. (84 FR 44392, 8/23/19)
CA9 Finds Petitioner’s Reliance on Attorney’s Bad Advice Was Reasonable and Constituted Good Cause to Grant Continuance
The court held that the petitioner’s reliance on his lawyer’s erroneous advice that he was not required to update his fingerprints with DHS was reasonable and constituted good cause to grant a continuance under 8 CFR §1003.29. (Pleitez-Lopez v. Barr, 8/23/19)
Practice Alert: DHS and HHS Provide an Advance Copy of Final Rule to Terminate Flores Settlement Agreement
On 8/23/19, DHS and HHS published a joint final rule to amend regulations related to the apprehension, processing, care, custody, and release of undocumented juveniles in the Federal Register. The rule is effective 10/22/19.
South African National Removed Following Conviction for Assaulting Guard at ICE Facility
Ziyaya Mtola, a South African national, was removed to South Africa on August 20, 2019, following the conclusion of his 24-month federal prison term for assaulting a guard at the Buffalo Federal Detention Facility in Batavia, New York, in May 2017.