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 Released Percentage of DHS-Detained Cases Completed Within Six Months for Second Quarter of FY2019
EOIR released statistics on the percentage of DHS-detained cases completed within six months. As of 3/31/19, 92 percent of initial case completions took less than six months.
CBP Releases FY2018 Border Security Report
CBP released a report summarizing its FY2018 border enforcement efforts. CBP recorded 404,142 apprehensions, and 279,009 inadmissible cases, a 15 percent increase over FY2017. CBP recorded a 59 percent increase in inadmissible family units, and a 42 percent increase in family units apprehended.
BIA Holds Findings Made Pursuant to Sex Offender Registration Do Not Qualify as “Elements”
Unpublished BIA decision holds that findings made by West Virginia trial judge in requiring respondent to register as a sex offender do not qualify as “elements” that can be considered under the categorical approach. Special thanks to IRAC. (Matter of Leguia Chuquichaico, 3/29/19)
EOIR Issues Memo on “No Dark Courtrooms”
EOIR issued PM 19-11, No Dark Courtrooms, to ensure that all available courtrooms are used for hearing cases every day during normal court operating hours, including maximizing the use of video teleconferencing and immigration adjudication centers. The memo is effective 5/1/19.
CA8 Upholds Asylum Denial to Guatemalan Woman Who Was Repeatedly Abused by Domestic Partner
The court upheld the BIA’s denial of asylum, finding that a reasonable adjudicator would not be compelled to find that the Guatemalan government was and would be unwilling or unable to protect the petitioner against her daughter’s abusive father. (Juarez-Coronado v. Barr, 3/29/19)
AILA Insight: The Government Shutdown and Its Impact on the Immigration Court
New Member Division Steering Committee member Olsa Alikaj-Cano provides an overview of the government shutdown’s impact on immigration courts, and some lessons learned in the aftermath.
DOJ Advance Notice of Proposed Rulemaking Soliciting Comments on Limited Representation Before EOIR
DOJ advance notice of proposed rulemaking soliciting public suggestions on potential amendments to EOIR regulations governing the rules of practice and the scope of appearance and representation before the immigration courts and the BIA. Comments are due 4/26/19. (84 FR 11446, 3/27/19)
BIA Reopens and Terminates Proceedings Following Vacatur of Marijuana Conviction
Unpublished BIA decision reopens and terminates proceedings following vacatur of one of respondent’s two convictions for possession of 20 grams or less of marijuana, leaving the remaining conviction subject to the personal use exception. Special thanks to IRAC. (Matter of Herrera, 3/27/19)
BIA Vacates Denial of Continuance for U Visa Applicant
Unpublished BIA decision holds that IJ erred in denying continuance to await adjudication of U visa application solely because it was not a form of relief that could be granted by the court. Special thanks to IRAC. (Matter of De La Cruz, 3/25/19)
CA8 Says “Salvadoran Female Heads of Households” Is Not a Cognizable Particular Social Group
The court held that the BIA did not err in ruling that petitioner had failed to prove past persecution on account of her membership in the social group of “Salvadoran female heads of household,” finding that the group lacked social distinction and particularity. (De Guevara v. Barr, 3/21/19)
CA9 Upholds Denial of Asylum to Mexican Police Officer Who Received Death Threats from Hitmen
The court held that the evidence did not compel the conclusion that the petitioner, a Mexican police officer who had received two death threats from hitmen of the Sinaloa drug cartel, had suffered past harm rising to the level of persecution. (Duran-Rodriguez v. Barr, 3/20/19)
CA4 Reverses Denial of CAT Relief to Salvadoran Who Received Death Threats from Gang
The court granted the petition for review, holding that the BIA had entirely failed to address the petitioner’s testimony that Salvadoran officials had turned a “blind eye” to death threats made by members of the 18th Street gang to petitioner and her son. (Cabrera Vasquez v. Barr, 3/20/19)
EOIR Releases Updated Guidance on Use of Electronic Devices in EOIR Space
EOIR released PM 19-10 providing EOIR’s security directive and policy for public use of electronic devices in EOIR space. This directive replaces the previous EOIR Security Directive on this topic and is effective as of 3/20/19.
DHS CRCL Issues Memo Describing Complaints and Allegations Regarding Inadequate Medical and Mental Health Care Provided by ICE
BuzzFeed News obtained a DHS CRCL memo to ICE, issued after DHS CRCL received information from DHS OIG alleging that ICE Health Services Corps systematically provided inadequate mental and mental health care and oversight to immigration detainees.
Read All About It: ABA Report Calls for Independent Immigration Courts
Jeremy McKinney describes what he is seeing in his practice which underscores the need for an independent immigration court, a call echoed by the American Bar Association's new report on the immigration system released March 20, 2019.
BIA Finds Assault Against Cohabitant Under Cal. Penal Code 273.5(a) Is Not a CIMT
Unpublished BIA decision holds that assault against cohabitant under Cal. Penal Code 273.5(a) is not a CIMT. Special thanks to IRAC. (Matter of Ramirez-Cortez, 3/19/19)
BIA Finds Respondent Established Wave-Through Admission Under Matter of Quilantan
Unpublished BIA decision finds respondent established a wave-through admission under Matter of Quilantan in light of corroborating testimony from witness who saw immigration officers check his paperwork. Special thanks to IRAC. (Matter of Valdez Palacio, 3/19/19)
EOIR Swears in 31 New Immigration Judges
EOIR announced the investiture of 31 new immigration judges. Then-acting Attorney General Matthew Whitaker appointed the judges to their new positions. Notice includes biographical information.
CA4 Says BIA Applied Wrong Standard of Review in Evaluating Physical Custody Requirement Under the CCA
The court granted the petition for review and remanded, holding that whether a foreign-born child was in the “physical custody” of his or her U.S. citizen parent for purposes of the Child Citizenship Act of 2000 (CCA) is a mixed question of fact and law. (Duncan v. Barr, 3/19/19)
SCOTUS Upholds Government Authority to Detain and Deport Immigrants for Past Crimes
The Supreme Court held that the mandatory detention statute, which plainly provides for detention without any hearing “when” an immigrant “is released” from a prior criminal custody, applies even when the arrest occurs years after their release. (Nielsen v. Preap, 3/19/19)
Documents Related to Case Challenging Mandatory Detention Under INA §236(c) for Individuals Not Apprehended Promptly When Released from Criminal Custo
Documents related to Nielsen v. Preap, a case challenging mandatory detention under INA §236(c) for individuals not apprehended promptly when released from criminal custody.
TRAC Finds Newly Arriving Families Not Main Reason for Immigration Court’s Growing Backlog
TRAC released a report on newly arriving family cases from the southwest border, and how their numbers compare with the flow of incoming new cases and the court's growing backlog, finding that recent family arrivals represent just four percent of the current court’s 855,807 case backlog.
CA7 Upholds Denial of CAT Relief Where Salvadoran’s Allegations of Future Torture Were Deemed Too Speculative
The court upheld the denial of relief under the Convention Against Torture (CAT), finding that petitioner had failed to prove that he would be specifically targeted by gangs or the military in El Salvador or that the government would acquiesce in any torture. (Herrera-Garcia v. Barr, 3/18/19)
CA9 Orders En Banc Rehearing of Martinez-Cedillo v. Barr
The court ordered that Martinez-Cedillo v. Barr, in which a three-judge panel found that the BIA’s interpretation of a crime of child abuse, neglect, or abandonment was entitled to Chevron deference, be reheard en banc. (Martinez-Cedillo v. Barr, 3/18/19)
BIA Finds Attorney Provided Ineffective Assistance by Sending Medical Examination to USCIS
Unpublished BIA decision finds ineffective assistance clear and obvious where the attorney mistakenly sent the respondent’s medical examination to USCIS rather than the immigration court. Special thanks to IRAC. (Matter of Corena-Vela, 3/18/19)