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
CA1 Finds BIA Erred in Overlooking Critical Evidence in Support of Dominican Petitioner’s Claims for Asylum Relief
Finding that BIA had failed to grapple with the serious nature of the threats the Dominican petitioner had received on account of his political opinion, the court held that BIA’s reasoning was inadequate to support a finding of no past persecution. (Rodríguez-Villar v. Barr, 7/11/19)
CA9 Says Battery with Injury in Violation of California Penal Code §243(d) Is a Crime of Violence
The court affirmed a sentencing determination by the district court, holding that battery resulting in serious bodily injury in violation of California Penal Code §243(d) qualifies as a crime of violence as defined in United States Sentencing Guidelines. (United States v. Perez, 7/11/19)
CA7 Upholds Denial of Motion to Reopen Where IJ Personally Served Petitioner with Notice
Where the IJ had personally served petitioner with notice of his removal hearing and had warned him about the consequences of failing to appear, the court held that the BIA did not abuse its discretion in affirming the denial of petitioner’s motion to reconsider. (Vyloha v. Barr, 7/10/19)
Senators Send Letter to DHS and DOD on Parole in Place (PIP) Program
On 7/10/19, 22 senators sent a letter to DHS and DOD opposing the proposed termination of the parole in place (PIP) program that protects military families from removal, stating, "ending this important program is cruel, inhumane and will result in separating military families."
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 7/1/19 and ending 9/30/19, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 2.37 per centum per annum. (84 FR 32835, 7/9/19)
CA1 Remands Ghanaian Petitioner’s Asylum Claims Due to Ambiguities in BIA’s Decision
The court remanded to BIA for further explanation of its denial of the motion to reopen, holding that BIA had failed to make clear whether it accepted that petitioner had suffered past domestic abuse, which would give rise to a presumption of future persecution. (Twum v. Barr, 7/9/19)
CA5 Upholds Denial of Asylum to Former Salvadoran Police Officer Who Received Threats from Barrio 18 Gang
The court held that BIA did not abuse its discretion in denying petitioner’s motion to reconsider because supporting authority was wholly absent from his motion, and found that the evidence did not compel a past or future persecution finding. (Cruz, et al. v. Barr, 7/9/19, amended 9/6/19)
CA6 Remands Motion to Reopen of Indigenous Land-Rights Activist in Guatemala Based on Changed Country Conditions
The court reversed and remanded, finding that the BIA failed to properly evaluate the petitioner’s undisputed, reasonably specific evidence and that it applied the wrong legal standards with respect to his motion to reopen based on changed country conditions. (Pablo Lorenzo v. Barr, 7/9/19)
BIA Holds Changed Circumstances Need Not Occur Before Asylum Application Is Filed
Unpublished BIA decision holds that changed circumstances need not occur before an asylum application is filed to qualify for the exception to the one-year filing deadline. Special thanks to IRAC. (Matter of J-R-F-F-, 7/9/19)
CA2 Remands Where Record Failed to Support BIA’s Inconsistency Findings
Vacating the removal order and remanding, the court held that the BIA erred by mistaking two discrepancies in the wording of the Nepali petitioner’s testimony as inconsistencies upon which the agency partly based an adverse credibility finding. (Gurung v. Barr, 7/8/19)
CA8 Upholds Denial of Asylum to Mexican Petitioner Who Asserted She Was Trapped in Abusive Relationship
The court held that substantial evidence supported the BIA’s determination that the Mexican petitioner did not experience past persecution or have a well-founded fear of future persecution from either of her ex-domestic partners. (Wences Godinez v. Barr, 7/8/19)
CRS Releases Report on ICE’s Alternatives to Detention Programs
CRS released a report on ICE’s Alternatives to Detention (ATD) programs—Intensive Supervision Appearance Program III (ISAP III) and the Family Case Management Program (FCMP). The report includes data on active participants in each program, ICE caseload, and program evaluations.
Practice Advisory: Constitutional Challenges to Mandatory Immigration Detention After Nielsen v. Preap
The ACLU and advocates provide a practice advisory on the constitutional challenges to mandatory immigration detention after Nielsen v. Preap that authorizes ICE to impose mandatory detention any time after an individual’s predicate criminal offense.
CA9 Defers to Cortes Medina to Hold That California Conviction for Indecent Exposure Is a CIMT
Denying the petition for review, the court deferred to the BIA’s decision in Matter of Cortes Medina, which held that a conviction for indecent exposure under California Penal Code §314(1) is categorically a crime involving moral turpitude (CIMT). (Betansos v. Barr, 7/5/19)
CA8 Upholds BIA’s Denial of Motion to Reopen Based on Claim of Lack of Notice
The court held that the BIA did not abuse its discretion in denying the petitioner’s motion to reopen his 1994 in absentia deportation proceedings based on a claim of lack of notice. (Pinos Gonzalez v. Barr, 7/5/19)
BIA Terminates Removal Proceedings After Finding Conviction for Theft in Texas Was Not a CIMT
Unpublished BIA decision holds that respondent’s conviction for theft in Texas under Texas Penal Code §31.03(a) was not a crime involving moral turpitude (CIMT), and that Matter of Diaz-Lizarraga should not be applied retroactively. Courtesy of Imran Mirza. (Matter of Herrera, 7/5/19)
AILA and Partners Submit Amicus Brief Concerning Judicial Deference
AILA and partners urge the Eleventh Circuit to reverse its judgment and submitted an amicus brief in Barton v. Barr on whether a lawfully admitted permanent resident who is not seeking admission to the United States can be “render[ed] inadmissible” for purposes of the stop-time rule.
BIA Grants Motion to Change Venue That Was Not Solely Due to Proximity to Immigration Court
Unpublished BIA decision grants motion to change venue to Boise where respondent lived closer to Salt Lake City but was willing to travel additional 30 miles to be represented by her existing attorney. Special thanks to IRAC. (Matter of Mendez Perez, 7/3/19)
CA7 Finds BIA Properly Classified Illinois Controlled Substance Convictions as Aggravated Felonies
The court held that the petitioner’s drug convictions qualified as “illicit trafficking” aggravated felonies under INA §101(a)(43)(B) even though they did not involve remuneration, because they were punishable as felonies under the Controlled Substances Act. (Lopez Gamero v. Barr, 7/3/19)
CA7 Remands for a Second Time Withholding and CAT Claims of Former MS-13 Gang Member from El Salvador
The court held that the IJ and BIA must take fair notice of the corroboration found in the evidence that the petitioner had submitted and take that corroboration into account in evaluating his withholding of removal and Convention Against Torture (CAT) claims. (Arrazabal v. Barr, 7/3/19)
ICE Announces the Removal of 37 Cambodian Nationals
ICE announced that 37 Cambodian nationals were repatriated in accordance with their final removal orders. ICE noted that removals to Cambodia increased 279 percent from FY2017 to FY2018 and that there are approximately 1,900 Cambodian nationals in the United States with final orders of removal.
Practice Pointer: How to Locate Clients that Have Been Apprehended by ICE
AILA provides a practice pointer on best practices and tips for effectively locating clients that have been apprehended by U.S. Immigration and Customs Enforcement (ICE).
EOIR Final Rule on Administrative Review Procedures
EOIR final rule to amend the regulations regarding the administrative review procedures of the BIA. The rule is effective 9/3/19. (84 FR 31463, 7/2/19)
EOIR 30-Day Extension of Comment Period on Proposed Revisions to Forms EOIR-42A and EOIR-42B
EOIR 30-day extension of a comment period originally announced at 84 FR 17891 on 4/26/19 on proposed changes to Forms EOIR-42A and EOIR-42B. Comments are now due 8/1/19. (84 FR 31627, 7/2/19)
AILA: AG Attempts Power Grab over Immigration Appeals
The administration published a rule which would authorize the attorney general (AG) “to singlehandedly designate Board of Immigration Appeals decisions as precedent—and do so literally overnight, bypassing the necessary legal procedures and without any checks and balances.”