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
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)
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)
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.”
CA1 Finds Venezuelan Petitioner Showed Reasonable Likelihood He Would Face Persecution Based on Political Opinion
The court reversed BIA’s denial of the petitioner’s untimely motion to reopen his removal proceedings and remanded, holding that country conditions in Venezuela had worsened in a manner that was material to the petitioner’s asylum and withholding of removal claims. (Cabas v. Barr, 7/1/19)
Bite-Sized Ethics: Withdrawing When a Client Goes MIA
If you don't hear from a client after several attempts at communication, do you have the have grounds for withdrawal? In this bite-sized ethics article, learn more about the circumstances in which an attorney can withdraw without violating ethics rules.
BIA Holds Possession of Drug Paraphernalia in Utah Is Not a Controlled Substance Offense
Unpublished BIA decision holds possession of drug paraphernalia under Utah Code Ann. 58-37A-5(1)(a) is not a controlled substance offense because statute schedule includes non-federally controlled substances and statute is indivisible. Special thanks to IRAC. (Matter of Gonzalez, 7/1/19)
EOIR Releases Percentage of DHS-Detained Cases Completed Within Six Months for Third Quarter of FY2019
EOIR released statistics on the percentage of DHS-detained cases completed within six months. As of 6/30/19, 92 percent of initial case completions took less than six months.
EOIR Releases Statistics on Decision Outcomes for Third Quarter of FY2019
EOIR released statistics on outcomes of initial case decisions for the third quarter of FY2019 (through 6/30/19). Statistics cover removal, deportation, and exclusion cases; asylum-only and withholding-only cases; and credible fear reviews, reasonable fear reviews, and claimed status reviews.
Documents Related to NAACP’s Lawsuit Challenging the Rescission of DACA
The Supreme Court granted certiorari to consider the issue of DHS’s decision to rescind the DACA program. The Court consolidated this case together with DHS v. Regents of the University of California. (Trump v. NAACP, 6/28/19)
Documents Related to New York Lawsuit Challenging the Rescission of DACA
The Supreme Court granted certiorari to consider the issue of DHS's decision to rescind the DACA program. The Court consolidated this case together with DHS v. Regents of the University of California. (McAleenan v. Batalla Vidal, 6/28/19)
BIA Dismisses Appeal After Finding N-550 Does Not Confer Citizenship Status if Acquired Unlawfully
The BIA found respondent removable because it is not necessary to show intent to establish he is deportable for making a false representation of U.S. citizenship and that a Form N-550 does not confer citizenship status if acquired unlawfully. Matter of Zhang, 27 I&N Dec. 569 (BIA 2019)
CA5 Denies Recovery of Attorneys’ Fees Where Government Was Prevailing Party on Majority of Petitioners’ Claims
The court held that, when viewed as an inclusive whole, the government was substantially justified in denying Convention Against Torture protection to petitioners, and the petitioners were ineligible for an Equal Access to Justice Act (EAJA) award. (W.M.V.C. v. Barr, 6/7/19, amended 6/28/19)
BIA Finds Arizona Drug Statute Not a Controlled Substance Offense
Unpublished BIA decision finds Ariz. Rev. Stat. Ann. 13-3408(A)(2) is not a controlled substance offense because state drug schedule is overbroad and Ninth Circuit does not require examples of actual prosecutions. Special thanks to IRAC. (Matter of Arredondo-Avendano, 6/28/19)
BIA Holds Texas Theft Statute Not a CIMT Prior to Matter of Diaz-Lizarraga
Unpublished BIA decision holds that Matter of Diaz-Lizarraga, 26 I&N Dec. 847 (BIA 2016), cannot be retroactively applied to convictions for theft under Tex. Penal Code 31.03. Special thanks to IRAC. (Matter of Sanchez-Robledo, 6/28/19)
CA8 Finds It Lacks Jurisdiction to Review Reinstatement of Mexican Petitioner’s 2003 Removal Order
The court held that it lacked jurisdiction to review the reinstatement of petitioner’s prior removal order because the issue had not been exhausted, and found that petitioner could not succeed on his due process claim because he had failed to show prejudice. (Mendez-Gomez v. Barr, 6/27/19)
Justice Campaign Call: ICE Raids State of Play
News of the impending mass arrests of families and the exposure of children to terrible conditions at the border is nothing short of devastating. Listen to the Justice Campaign discuss what ICE raids targeting families have looked like in the past and what we might need from volunteers.
AG Refers Two BIA Cases to Himself and Solicits Amici on Judicial Alteration of a Criminal Conviction or Sentence
The AG invites amici on whether judicial alteration of a criminal conviction or sentence should be taken into consideration in determining the immigration consequences of convictions. Briefs are now due by 8/2/19. Matter of Thomas and Matter of Thompson, 27 I&N Dec. 556 (A.G. 2019)
Practice Pointer: The Illinois Cannabis Regulation and Tax Act and Its Effect on Immigration
AILA provides a practice pointer on cannabis legalization in Illinois and how the Regulation and Tax Act creates a system for expungement, pardon, and vacating certain cannabis convictions. Special thanks to Lindsay Fullerton.
Supreme Court Says Definition of “Crime of Violence” in Context of Federal Firearms Prosecutions Is Unconstitutionally Vague
The Court held that 18 USC §924(c)(3)(B), which lays out the definition of “crime of violence” for purposes of a law authorizing heightened penalties for use of a firearm in connection with any federal crime of violence, is unconstitutionally vague. (United States v. Davis, et al., 6/24/19)
CA4 Finds Reasonable Probability LPR Facing Deportation Would Not Have Pled Guilty but for Ineffective Assistance of Counsel
The court found that the evidence demonstrated a reasonable probability that, had the lawful permanent resident (LPR) appellant known the true and certain extent of the immigration consequences of his guilty plea, he would have refused it. (United States v. Carrillo Murillo, 6/24/19)
AILA: Raids Targeting Families Would Sow Fear and Solve Nothing at Border
AILA issued a statement in response to widespread reports that ICE will be conducting mass round-ups of vulnerable families. Marketa Lindt, AILA President, noted, “Conducting raids on families would sow more fear and confusion without bringing order to the border region.”
NARA Notice of Reply to Public Comments on 2017 ICE Proposal to Destroy Records on Detainees
National Archives and Records Administration (NARA) notice of the publication of a consolidated reply to comments submitted on a 2017 ICE proposal to destroy several types of records related to detainees, including records on sexual abuse and deaths while in custody. (84 FR 29247, 6/21/19)
Advocates File Lawsuit to End ICE’s Blanket Use of Video Teleconferencing at Varick Street Immigration Court
Advocates filed a federal lawsuit in the United States District Court for the Southern District of New York challenging ICE refusal to bring immigrants to court for deportation hearings. (P.L. v. ICE, 2/12/19)
BIA Reverses Grant of DHS Motion to Change Venue
Unpublished BIA decision grants interlocutory appeal and reverses grant of DHS motion to change venue to Orlando because of respondent’s willingness to travel back to New York to be represented by pro bono attorney. Special thanks to IRAC. (Matter of Ramirez Acosta, 6/21/19)
BIA Holds No Bond Required When Voluntary Departure Granted Under Safeguards
Unpublished BIA decision vacates requirement that respondent post voluntary departure bond because respondent was detained and voluntary departure was granted under safeguards. Special thanks to IRAC. (Matter of Fuentes Sanchez, 6/20/19)