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 Notice and Request for Comments on Proposed Changes to Form EOIR-28
EOIR 30-day notice and request for comments on proposed changes to Form EOIR-28, Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court. Comments are due 12/26/18. (83 FR 60499, 11/26/18)
CA3 Grants in Part and Denies in Part, Holds Child Pornography Conviction Per NJ Statute Is Not Aggravated Felony But Is Removable Ground of Child Abu
The court overruled BIA, holding NJ Stat. Ann. 2C:24-4(b)(5)(b) is broader than its agg felony federal counterpart, but agreed with BIA that it matches federal (BIA) definition of “child abuse”; thus, petitioner is removable, but can request cancellation. (Salmoran v. Att’y Gen., 11/26/18)
SSA Issues POMS Update on Deportation
The Social Security Administration announced changes to the Program Operations Manual System (POMS) related to deportation and coordinating with DHS.
AILA Submits Comments on Proposed Revisions to National Detention Standards
AILA submitted comments on a new draft of the National Detention Standards (NDS), including stating that ICE should include more enhancements and move aggressively to ensure adoption of the more stringent Performance Based Nation Detention Standards (PBNDS) 2011 to the greatest extent possible.
AILA and National Justice for Our Neighbors Submit Amicus Brief on Persecutor Bar
AILA and the National Justice for Our Neighbors resubmitted their amicus brief in Matter of Negusie, on the issue of the standards (including relevant burdens of proof) to determine if an asylum applicant is subject to the persecutor bar and the standards for qualifying for a duress defense.
BIA Vacates Denial of Continuance for Respondent With Prima Facie Approvable U Visa Application
Unpublished BIA decision holds that IJ erred in denying continuance to respondent with prima facie approvable U visa application without identifying any reason why application was unlikely to be approved. Special thanks to IRAC. (Matter of Gomez-Alvarado, 11/23/18)
CA11 Dismisses in Part Under §242, Upholds BIA’s Controlled Substance and Agg Fel Determinations That Were Not Appealed but Adjudicated Nonetheless
The court confirmed lack of jurisdiction to review BIA determination of removability ground; it also upheld not only BIA’s affirmance of IJ’s CIMT finding that was on appeal, but additional BIA controlled substance and agg fel findings not appealed by DHS. (Bula Lopez v. Att’y Gen., 11/21/18)
CA6 Upholds Denial of Cancellation for a “Habitual Drunkard”; Rejects Void for Vagueness Due Process and Equal Protection Challenges to the Term
The court held petitioner does not have liberty interest in discretionary cancellation, thus, does not reach void for vagueness argument; it also held “habitual drunkard” is rationally related to “good moral character” and does not violate equal protection. (Tomaszczuk v. Whitaker, 11/20/18)
Resources on Case Challenging the Prolonged Detention of Noncitizens in Removal Proceedings
Resources relating to Jennings v. Rodriguez, a case regarding whether noncitizens who are subject to prolonged detention under the INA are entitled to automatic bond hearings.
CA1 Upholds BIA Denial of Untimely MTR for Ineffective Assistance of Counsel, Noting Failure of Due Diligence
The court held petitioner’s four and a half-year delay in filing MTR was failure to pursue case with the due diligence needed for equitable tolling and held it did not have jurisdiction to review due process claims not raised previously before BIA. (Pineda v. Whitaker, 11/19/18)
CA9 Remands Case Challenging the Prolonged Detention of Noncitizens in Removal Proceedings to the District Court
The court remanded the Jennings v. Rodriguez case to the district court to consider whether INA §§235(b), 236(a), and 236(c) are constitutional. The court left in place the permanent injunction in favor of the plaintiffs. (Rodriguez v. Marin, 11/19/18)
BIA Dismisses Appeal and Denies Adjustment, After Ex-Spouse Withdrew Affidavit of Support
The BIA dismissed the appeal and found respondent was inadmissible due to her likelihood of becoming a public charge, stating that even though the respondent divorced, she was required to provide an affidavit support from her former husband. Matter of Song, 27 I&N Dec. 488 (BIA 2018)
EOIR Provides Guidance Regarding the Adjudication of Asylum Applications Consistent with INA §208(d)(5)(A)(iii)
EOIR issued a memo to immigration judges on the timely adjudication of asylum applications consistent with INA §208(d)(5)(A)(iii), which states that in the absence of exceptional circumstances, asylum applications shall be adjudicated within 180 days of being filed. Memo was rescinded on 4/18/22.
BIA Holds Arizona Possession of Drug Paraphernalia Not a Controlled Substance Offense
Unpublished BIA decision holds possession of drug paraphernalia under Ariz. Rev. Stat. 13-3415(A) is not a controlled substance offense because state schedule is overbroad and identity of drug is not an element of the offense. Special thanks to IRAC. (Matter of Varela Mendoza, 11/19/18)
EOIR Swears in 16 Immigration Judges
Then-Attorney General Jeff Sessions announced 16 new immigration judges. Principal Deputy Chief Immigration Judge Christopher A. Santoro presided over the investiture during a ceremony held on 11/16/18.
EOIR Releases Memo on Tracking and Expedition of “Family Unit” Cases
EOIR released a memo to clarify the agency’s tracking and expedition of “family unit” cases as identified by DHS at the time of filing with the immigration court.
Senator Sends Follow-Up Letter to ICE on Violation of Congressional Requirements
On 11/16/18, Senator Tom Udall (D-NM), a member of the Senate Appropriations Committee, sent a follow-up letter to ICE Acting Director Ronald Vitello to a 10/22/18 letter that inquired about the agency’s violation of congressional requirements as mandated by the FY2019 DHS Appropriations bill.
CA9 Upholds BIA Denial of Cancellation, Finds Bribery a CIMT and “CIMT” Not Unconstitutionally Vague
The court held that bribery under 18 USC §666(a)(2) categorically matches federal definition of CIMT; it also held that “CIMT” is not unconstitutionally vague per Jordan and Tseung-Chu. (Martinez-de Ryan v. Whitaker, 11/16/18)
CA5 Vacates Deportation Order, Holds Petitioner Was a Naturalized Citizen—Not Alien—on Date of Conviction and Not Subject to Removal Statute
The court held BIA erred in misapplying §1227(a)(2)(A)(iii) to a naturalized citizen at time of conviction; it found, per Costello, that a denaturalization could not retroactively make petitioner an “alien as matter of law” at time of conviction. (Okpala v. Whitaker, 11/15/18)
CA1 Upholds IJ/BIA Denial for Lack of Corroborating Evidence to Support Otherwise Inconsistent Claims
The court held that substantial evidence supported IJ/BIA denial because petitioner failed to adequately corroborate vague and inconsistent testimony of past persecution with reasonably-available evidence. (Avelar-Gonzalez v. Whitaker, 11/15/18)
Updated EOIR User Manual for Expanded Electronic Filing Pilot
EOIR provided an updated user manual on its expanded electronic filing pilot, effective November 15, 2018.
South Florida EOIR Stakeholders’ Meeting Notes (11/15/18)
Notes from the Miami EOIR Stakeholder Meeting on November 15, 2018.
Memo for Counsel to the President on Designating an Acting Attorney General
DOJ issued a memorandum on the designation of an Acting Attorney General following the resignation of AG Sessions. The memo states that it previously advised the President that he could designate a senior DOJ official, such as Matthew G. Whitaker, and provides the basis for that conclusion.
EOIR Releases Guidance Regarding the Presidential Proclamation Addressing Mass Migration Through the Southern Border
EOIR released guidance on the presidential proclamation, stating that the suspension and limitation on entry applies only to individuals who entered after the date of the proclamation, thus applying to individuals who entered on 11/10/18, or later, until the expiration of the proclamation.
CA9 Votes to Deny Petitions for Rehearing and Rehearing En Banc for Class of Unrepresented Children in Removal Proceedings Claiming Right-to-Counsel
The court denied, pursuant to §1252(b)(9), the habeas petitions for a class of thousands of children seeking asylum, SIJS, or relief from removal who claim due process and statutory rights to appointed counsel during their removal hearings. (J.E.F.M. v. Whitaker, 11/13/18)