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
CA11 Finds Noncitizen Who Indicated He Was a U.S. Citizen on Driver's License Application Is Inadmissible
The court held that it lacked jurisdiction to review the factual finding that the petitioner, a noncitizen, did not intend to make a false representation of citizenship when he checked the box indicating he was a U.S. citizen on his driver's license application. (Patel v. Att'y Gen., 3/6/19)
CA8 Upholds Denial of Asylum to Petitioner Who Feared Persecution in Guatemala Due to His Mam Ethnicity
The court held that the petitioner, who feared persecution on account of his Mam ethnicity from the Zetas criminal organization and others if returned to Guatemala, failed to establish an objective nexus between fear of future persecution and a protected ground. (Martin v. Barr, 3/5/19)
USCIS Extension of Comment Period on Proposed Revisions to Form I-881
USCIS 30-day extension of a comment period originally announced at 83 FR 62338 on 12/3/18 on proposed revisions to Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal. Comments are now due 4/4/19. (84 FR 7929, 3/5/19)
CA2 Says Conspiracy to Commit Money Laundering Is an Aggravated Felony
The court denied the petition for review, holding that conspiracy to commit money laundering pursuant to 18 USC §1956(h) constitutes an aggravated felony under INA §101(a)(43)(D). (Barikyan v. Barr, 3/4/19)
BIA Remands Following Placement on U Visa Waiting List
Unpublished BIA decision remands for further consideration of request for continuance following issuance of letter by USCIS stating that respondent qualified for a U visa and was being placed on the waiting list. Special thanks to IRAC. (Matter of Torres, 3/4/19)
DHS Releases Annual Report on Immigration Enforcement Actions in 2017
DHS OIS released a report on DHS immigration enforcement actions in 2017. Compared to 2016, DHS made 13 percent fewer apprehensions, 21 percent fewer determinations of inadmissibility, and performed 11 percent fewer removals. Intakes into immigration detention decreased by eight percent.
CA8 Finds Inconclusive Record Renders Petitioner with Criminal Attempt Conviction Ineligible for Cancellation of Removal
The court upheld the BIA, finding that because the record was inconclusive as to whether the petitioner's conviction for attempted criminal impersonation in Nebraska was a crime involving moral turpitude, the petitioner was not eligible for cancellation of removal. (Pereida v. Barr, 3/1/19)
Acting AG Refers BIA Case to Himself and Invites Amicus Regarding “Particular Social Group” Membership
The Acting AG referred a BIA decision to himself for review whether an individual may establish persecution on account of membership in a “particular social group” based on membership in a family unit. Amicus briefs are now due by 3/13/19. Matter of L-E-A-, 27 I&N Dec. 494 (A.G. 2018)
DHS Notice of Availability for Policy Guidance Related to Implementation of the Migrant Protection Protocols
DHS notice of the availability of certain policy guidance documents on the Migrant Protection Protocols. (84 FR 6811, 2/28/19)
Complaint Urges Immediate Release of Infants from Detention
AILA, the American Immigration Council, and CLINIC filed a complaint with the Office for Civil Rights and Civil Liberties (CRCL) and the Office of the Inspector General (OIG) calling for the immediate release of numerous babies who are detained at the South Texas Family Residential Center (STFRC).
Physicians for Human Rights Sends Letter Detailing the Health Risks for Infants in Detention
On February 28, 2019, Physicians for Human Rights sent a letter to DHS Secretary Kirstjen Nielsen regarding the inherent health risks for infants in detention.
Practice Pointer: Understanding and Addressing the “Five-Year Bar” When Applying for a Visa
The DOS Liaison Committee issued a practice pointer on the five-year bar under INA §212(a)(6)(B) and the grounds of inadmissibility for an individual who without reasonable cause, fails to appear for a removal proceeding or has an in absentia removal order and is now seeking admission to the U.S.
CA6 Upholds Denial of Motion to Reopen In Absentia Removal Order Where Petitioner Claimed Nonreceipt of NTA
The court affirmed the denial of the motion to reopen petitioner's in absentia removal order, concluding that the BIA did not abuse its discretion in determining that the petitioner failed to overcome the presumption of delivery of the Notice to Appear (NTA). (Santos-Santos v. Barr, 2/28/19)
BIA Grants Good Faith Marriage Waiver Based on Credible Testimony
Unpublished BIA decision reverses finding that respondent did not marry former husband in good faith because she testified that she married for love and the IJ did not render an adverse credibility finding. Special thanks to IRAC. (Matter of Kouandi, 2/28/19)
Black Immigrant History is Part of Black History Month
In this blog post, part of the AILA Diversity & Inclusion series, AILA Second Vice President Allen Orr recognizes Black History Month, shares important research and analysis, and writes, “In the drive for immigration reform, black immigrants must not be forgotten or left out of the equation.“
Annual CBP Reports Assessing Efforts to Prevent, Detect, and Respond to Sexual Abuse in Holding Facilities
CBP released its FY2017 report documenting efforts to prevent, detect, and respond to sexual abuse and assault in CBP holding facilities. During FY2017, seven detainees alleged sexual abuse. Data suggests that alleged victims self-report to various third parties after leaving CBP custody.
CA9 Reverses Asylum Denial Where BIA Misapplied Firm Resettlement Rule
The court granted in part the petition for review of the BIA's denial of the Cameroonian petitioner's asylum claims and remanded, holding that the BIA committed three errors in its application of the firm resettlement rule. (Arrey v. Barr, 2/26/19)
CA5 Upholds Denial of Asylum to Member of Minority Clan in Somalia
The court denied the petition for review, holding that substantial evidence supported the BIA’s determination that the petitioner had failed to show that he would suffer persecution in Somalia because he belonged to the Ashraf minority clan. (Qorane v. Barr, 3/26/19)
AILA and Others Submits Amicus Brief on Definition of Obstruction of Justice
AILA and other advocates submitted an amicus brief in Valenzuela Gallardo v. Barr, arguing that the Ninth Circuit should grant the petition for review and vacate the BIA decision, finding that the BIA’s broader definition of “obstruction of justice” was unreasonable.
CA DOJ Releases Report on Immigration Detention Facilities
California’s DOJ issued a report on the immigration detention facilities in California, stating “The report is an important step forward in understanding the conditions under which civil immigration detainees are living, including their access to critical health and legal resources.”
ICE Releases Written Statement for House Judiciary Hearing on Family Separation
ICE released the written statement of ICE Acting Executive Associate Director of Enforcement and Removal Operations Nathalie Asher for the hearing on oversight of the Trump administration’s family separation policy before the House Judiciary Committee.
ICE/CBP Issues Joint Statement After Mother Delivers Stillborn Baby in Custody
ICE and CBP issued a joint statement after a 24-year old Honduran woman went into premature labor and delivered a stillborn baby at the Port Isabel Detention Center.
AILA Submits Amicus Brief on Good Moral Character and Multiple DUIs
AILA submitted an amicus brief in Matter of Castillo-Perez, urging the attorney general to reject a call for a per se good moral character bar or a heightened discretionary standard for cancellation of removal applicants with DUI offenses.
BIA Reopens Proceedings Sua Sponte For Adjustment Application Under INA 245(i)
Unpublished BIA decision reopens proceedings sua sponte for INA 245(i) adjustment in light of respondent’s long-term residence, flight from Guatemala during the civil war, and hardship to her LPR husband and U.S. citizen children. Special thanks to IRAC. (Matter of Gamboa Gomez, 2/25/19)
CA7 Denies CAT Relief to Bisexual Petitioner Whose Father Was a Member of an Opposition Political Party in Guinea
The court found that petitioner had failed to establish that he more likely than not would be tortured if removed to Guinea due to his sexual orientation and father’s past political affiliation, and thus upheld the denial of Convention Against Torture (CAT) relief. (Barry v. Barr, 2/22/19)