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
TRAC Reports that Cancelled Immigration Court Hearings Grow as Shutdown Continues
TRAC reports that as of 1/11/19, the estimated number of Immigration Court hearing cancellations due to the federal government shutdown reached 42,726. Each week the shutdown continues, cancelled hearings will likely grow by another 20,000.
BIA Holds Florida Statute Not Sexual Abuse of a Minor
Unpublished BIA decision holds that traveling to meet a minor under Fla. Stat. 847.0135(4)(a) is not sexual abuse of a minor because it applies to victims aged 16 and over. Special thanks to IRAC. (Matter of Rodriguez-Danu, 1/11/19)
CA1 Upholds BIA Determination of Untimely MTR, Denies Jurisdiction to Review BIA Decision to Not Exercise Sua Sponte Authority to Reopen
The court affirmed I-130 filed after removal order was not statutory exception to deadline, nor was it extraordinary circumstance to trigger equitable tolling; CA6 also declined to decide if §242(a)(2)(D) confers jurisdiction in constitutional-claim context. (Gyamfi v. Whitaker, 1/10/19)
Ohio Attorneys Sue ICE Alleging Public, Humanitarian, and Bioethical Abuse
Attorneys David Malik and Anna Markovich submitted a FOIA request asking ICE for information about the people who have been deported, ICE’s policies related to racial and ethnic profiling, and ICE’s process for determining which individuals to deport. (Malik v. ICE, 1/9/19)
CA4 Upholds BIA Dismissal of Appeal from Withholding Denial for Lack of Nexus Due to Alleged Protected Ground
The court did not reach whether harm constituted persecution or petitioner was member of proposed PSG (related to disabled family member) because it affirmed no nexus; rather, evidence showed rejection of gang membership triggered harassment. (Cortez-Mendez v. Whitaker, 1/7/19)
CA5 Holds BIA’s Adverse Credibility Determination Supported by Explicitly Considered and Substantial Evidence
The court held BIA did not err in relying on inconsistencies between testimony, application, and affidavits; nor did it err in determining that corroborating documentary evidence was reiterative and failed to resolve the inconsistencies within main narrative. (Ghotra v. Whitaker, 1/4/19)
BIA Holds Texas Aggravated Assault with Deadly Weapon Not a Firearms Offense
Unpublished BIA decision holds that aggravated assault with deadly weapon under Tex. Penal Code 22.02(a) is not a firearms offense because the statute does not require use of a firearm. Special thanks to IRAC. (Matter of Gill, 1/4/19)
District Court Stops ICE from Re-detaining Certain Cambodian Nationals Without at Least 14 Days’ Notice
The court found the government failed to provide assurances for reasonable pre-detention notice, and that it failed to oppose the TRO application; the court issued the TRO and ordered the government show cause why a preliminary injunction should not issue. (Chhoeun v. Marin, 1/3/19)
CA3 Holds Wire Fraud Conviction Was CIMT
The court denied in part and dismissed in part petitioner’s petitions for review, holding that per Nijhawan, her prior conviction for wire fraud constituted an offense involving fraud or deceit in which the loss to the victims exceeded $10,000 and was a CIMT. (Ku v. Att’y Gen., 1/3/19)
CA7 Upholds BIA/IJ Denial of Cancellation, Holds Offense Under Wisconsin Battery Statute Is Crime of Violence
The court denied petitioner’s petition for review and rejected that Wisconsin’s battery statute was categorically not a crime of violence. (Beltran-Aguilar v. Whitaker, 1/2/19)
The Courthouse Trap: How ICE Operations Impacted New York’s Courts in 2018
The Immigrant Defense Project issued a report highlighting trends in ICE courthouse enforcement and provides a selection of stories of individual New Yorkers who have been arrested while attending court.
CA4 Holds Fraud Determination Supported by Substantial Evidence
In an unpublished decision, the court held BIA did not err in relying on sentencing-related material and found substantial evidence confirmed an offense of fraud. It also distinguished Pereira to confirm BIA jurisdiction. (Calderon Leonard v. Whitaker, 12/31/18)
CA8 Found Lack of Past Persecution or Well-Founded Fear of Future Persecution for English-Speaking Cameroonian
The court held harm perpetrated by Cameroonian gendarmerie did not meet past persecution; that petitioner failed to satisfy the objective element for fear of future persecution; and that failure to meet asylum eligibility foreclosed withholding and CAT. (Njong v. Whitaker, 12/28/18)
BIA Holds Connecticut Drug Statute Not a Controlled Substance Offense
Unpublished BIA decision holds that possession of a narcotic substance under Conn. Gen. Stat. 21a-279(a) is not a controlled substance offense because state drug schedule contains substances not listed on federal schedule. Special thanks to IRAC. (Matter of Ross, 12/28/18)
BIA Holds California Carjacking Not an Aggravated Felony
Unpublished BIA decision holds carjacking under Cal. Pen. Code 215(a) is not an aggravated felony theft offense because the taking can be committed against a passenger or other person temporarily in possession of the vehicle. Special thanks to IRAC. (Matter of Ibarra Juarez, 12/28/18
CA9 Panel Issued Amended Decision on “Crime of Domestic Violence” Conviction
The court issued an amended decision, where the panel concluded that a class one misdemeanor domestic violence assault under Arizona Revised Statutes §§ 13-1203 and 13-3601 conviction was a “crime of domestic violence” under 8 USC §1227(a)(2)(E). (Cornejo-Villagrana v. Whitaker, 12/27/18)
BIA Provides Update on Operating Status During Government Shutdown
The BIA announced it is processing emergency stay requests as well as cases where the individual is detained, including appeals, motions, and federal court remands. The Clerk’s Office is open for phone inquiries about detained cases only and the BIA stay line is open for emergency stay calls only.
EOIR Releases Immigration Court Operating Status During Lapse in Appropriations
EOIR released information on immigration court operating status during a lapse in appropriations, stating that the detained docket cases will proceed as scheduled. Non-detained docket cases will be reset.
BIA Reverses Finding That Respondent Abandoned Cancellation Application
Unpublished BIA decision reverses finding that cancellation application was abandoned where respondent mailed application to USCIS by court-ordered deadline and requested initiation of proceedings to obtain lawful status. Special thanks to IRAC. (Matter of Castillo Rodriguez, 12/26/18)
EOIR Announcement of Closing on December 24, 2018
EOIR announced that it would be closed on 12/24/18 in accordance with Executive Order 13854. Immigration court hearings scheduled for 12/24/18 will be rescheduled and new hearing notices will be sent to both parties.
EOIR Releases Memo on Acceptance of Notices to Appear and Use of the Interactive Scheduling System
EOIR released a memo to establish standards for receipt of Notices to Appear as filed by DHS. Memo is effective as of 12/21/18. Memo notes that EOIR will reject any NTA in which the time or date of the scheduled hearing is facially incorrect.
Documents Relating to Michigan Case Challenging Removal of Iraqi Nationals
The Sixth Circuit issued an opinion vacating the district court’s preliminary injunctions prohibiting the removal of certain Iraqi nationals and requiring their release from prolonged detention. (Hamama v. Adducci, 12/20/18)
BIA Dismisses Appeal and Finds Respondents Inadmissible Due To Willful Misrepresentation of a Material Fact
The BIA dismissed the appeal and found no clear error in the IJ’s adverse credibility finding or his determination that the respondents procured their adjustment of status by willful misrepresentation of a material fact. Matter of A.J. Valdez and Z. Valdez, 27 I&N Dec. 496 (BIA 2018)
Trump Administration Sows Chaos, Risks Lives with “Remain in Mexico” Policy
AILA responds to the government’s new policy that would force most asylum seekers who have passed a preliminary screening to remain in Mexico pending a full hearing before an immigration judge, and calls on them to immediately restore asylum seekers’ ability to pursue their claims inside the U.S.
Judge Finds Attorney General’s Gutting of Asylum Protections Unlawful
AILA President Anastasia Tonello and Executive Director Benjamin Johnson responded to today’s ruling striking down key portions of then-Attorney General Jeff Sessions’ decision in Matter of A-B-, which restricted asylum for victims of domestic and gang violence.