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
BIA Reverses IJ for Questioning Validity of State Court Dependency Order
Unpublished BIA decision reverses decision rescinding adjustment of status because IJ improperly determined state court lacked jurisdiction to issue dependency order. Special thanks to IRAC. (Matter of Urias-Velasquez, 10/11/19)
EOIR Announces Case Completion Numbers for FY2019
EOIR announced that the agency’s case completion number topped 275,000 cases for FY2019, making it the second highest number of case completions in EOIR history. EOIR has 987,000 cases pending as of the end of FY2019, and saw 444,000 new cases filed in FY2019.
CA4 Holds Noncitizens in Withholding-Only Proceedings Are Entitled to Individualized Bond Hearings
The court held that noncitizens subject to reinstated removal orders have the right to individualized bond hearings before IJs, which could lead to their release during the pendency of their withholding-only proceedings. (Guzman Chavez, et al. v. Hott, et al., 10/10/19)
CA11 Says Conviction for Delivery of Cocaine in Washington Is an Aggravated Felony
The court held that a conviction for delivery of cocaine under Washington law categorically qualifies as an aggravated felony under INA §101(a)(43), and thus that petitioner was barred from establishing the good moral character necessary for naturalization. (Bourtzakis v. Att'y Gen., 10/9/19)
CRS Report on the Legal Framework of Expedited Removal
CRS released a report on expedited removal, including the legal framework behind it, the process of expedited removal, detention and parole of individuals subject to expedited removal, limitations to judicial review, and constitutional and legal challenges.
CA8 Finds It Lacks Jurisdiction to Review BIA’s Discretionary Decision to Deny Cancellation of Removal
The court upheld the BIA’s denial of cancellation of removal to the petitioner, holding that the BIA’s determination that the petitioner was not entitled to cancellation of removal was a discretionary decision beyond the scope of the court’s review. (Urrutia Robles v. Barr, 10/8/19)
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 10/1/19 and ending 12/31/19, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 2.04 per centum per annum. (84 FR 53835, 10/8/19)
CA7 Affirms Conviction of Defendant Despite District Court’s Failure to Inform Him of Potential Immigration Consequences of Guilty Plea
The court held that the defendant failed to demonstrate a reasonable probability that, had the district court informed him of the potential immigration consequences of his guilty plea, he would not have pleaded guilty, and thus affirmed his conviction. (United States v. Zacahua, 10/8/19)
Motion for Extension to File Opening Brief – Eighth Circuit
Sample motion for a 30-day extension to file opening brief for the eight circuit.
CA6 Says Government Need Not Satisfy Requirements of INA §239(a)(1)(A)-(G) in a Single Document
The court held that a Notice to Appear (NTA) may be served on a noncitizen through more than one written communication and still constitute notice if the communications collectively give all the information required to be provided by INA §239(a)(1)(A)-(G). (Garcia-Romo v. Barr, 10/4/19)
AILA DOS Liaison Q&As (10/3/19)
Official AILA/DOS liaison Q&As from a 10/3/19 meeting. Topics include: DS-160 and DS-260, public charge issues, PP 9645 waivers, Arya Samaj weddings, I visas, prudential revocation, processing at various consular posts, reason to believe denials, USCIS overseas office closures, and more.
AILA Submits an Amicus Brief in the Third Circuit on the Two-Step Notice Process
AILA submitted an amicus brief in Ramirez Perez v. Barr, arguing that the BIA’s conclusion of the two-step process triggers the stop-time rule conflicts with the statute’s unambiguous text and unreasonably departs from the agency’s consistent recognition that a NTA is a single document.
Key Takeaways from AILA DOS Liaison Committee Meeting with the DOS Visa Office (10/3/19)
The DOS Liaison Committee provides key takeaways from the 10/3/19 meeting with the DOS Visa Office. The information provided below should be read in conjunction with the detailed, official responses provided by DOS.
BIA Vacates Finding of Removability Based on Flaws in Conviction Records
Unpublished BIA decision vacates finding of removability based on a criminal conviction because the conviction records were illegible, and DHS did not establish that name listed was respondent’s alias. Special thanks to IRAC. (Matter of Hernandez Henriquez, 10/3/19)
AILA and Partners Submit Amicus Brief on Missing Mens Rea Requirement
AILA and partners submitted an amicus brief in Shular v. U.S. to the Supreme Court on the (missing) mens rea requirement in Florida drug sale convictions and whether those count as predicate “serious drug offenses for purposes of ACCA (federal) sentence enhancements.
EOIR Issues a Policy Memo on Administrative Review of Recognition and Accreditation Determinations
EOIR released a policy memo outlining the procedures that the EOIR Director will follow in administratively reviewing certain requests for reconsideration of determinations regarding recognition and accreditation denied by the Assistant Director for Policy.
EOIR Releases a Policy Memo on Case Processing at the BIA
EOIR released a policy memo providing guidance on the case management system for appellate adjudications by the BIA and setting internal deadlines for all phases of the pre-adjudicatory process at the BIA, including for case processing prior to completion of the appellate record.
EOIR to Open New Immigration Court in Atlanta
EOIR announced it will open a new immigration court in Atlanta, Georgia, on October 15, 2019. Notice includes the court’s location, contact information, and hours of operation.
CA1 Finds Petitioner Failed to Show He Would More Likely Than Not Be Tortured If Removed to Guatemala
The court held that the petitioner had failed to show that the record compelled a finding other than the one that the IJ had reached, and upheld the BIA’s denial of deferral of removal under the Convention Against Torture (CAT). (Samayoa Cabrera v. Barr, 10/1/19)
EOIR Releases Summary of ECAS Enhancements
EOIR released a summary of ECAS enhancements for attorneys and accredited representatives. Summary includes lead/rider cases – supporting document uploads, priority processing categories, existing bond redemption request warning, and time stamp and page number watermarks.
DHS Releases Annual Flow Report on Immigration Enforcement Actions in 2018
DHS OIS released a report on DHS immigration enforcement actions in 2018. Compared to 2017, DHS made 24 percent more apprehensions, 30 percent more determinations of inadmissibility, issued 37 percent more Notices to Appear, and performed 17 percent more removals and 14 percent more repatriations.
BIA Holds Oregon Theft Not a CIMT Prior to Matter of Diaz-Lizarraga
Unpublished BIA decision holds that convictions for second degree theft in Oregon entered prior to Matter of Diaz-Lizarraga, 26 I&N Dec. 847 (BIA 2016) do not qualify as crimes involving moral turpitude. Special thanks to IRAC. (Matter of Gordon-Flores, 9/30/19)
EOIR Releases Percentage of Detained Cases Completed Within Six Months for FY2019
EOIR released statistics on the percentage of DHS-detained cases completed within six months. In FY2019, 93 percent of initial case completions were completed in less than six months.
EOIR Released UAC Statistics for FY2019
EOIR released statistics on I-862 initial case completions for unaccompanied children (UAC) for FY2019. The total number of pending cases at the end of FY2019 was 91,513. Decisions were made in 14,960 cases, with 10,553 cases ending in removal.
USCIS Releases Report on Approximate Active DACA Recipients
USCIS released a report on the number of people with a DACA expiration date on or after 9/30/19. The report also contains the number of pending DACA renewal applications, approximate active DACA recipients by country of birth, state or territory of residence, gender, and age group.