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
CA9 Says NTA That Is Defective Under Pereira Cannot Be Cured by a Subsequent Notice of Hearing
The court held that a Notice to Appear (NTA) that is defective under Pereira v. Sessions cannot be cured by a subsequent Notice of Hearing, and therefore does not terminate the residence period required for cancellation of removal. (Lorenzo Lopez v. Barr, 5/22/19)
CA1 Rejects Procedural Due Process Challenge of Petitioner Removed to Ireland in 2018
The court found that the petitioner, a citizen of Ireland who had entered the United States as a child and had overstayed his visa, was not entitled to a presumption of prejudice, and that he could not make a particularized showing of prejudice. (O'Riordan v. Barr, 5/22/19)
AILA Issues Statement to House Judiciary Committee on Markup of H.R. 2820 and H.R. 2821
AILA submitted a statement urging the House Judiciary Committee to pass H.R. 2820, Dream Act of 2019, and H.R. 2821, American Promise Act of 2019. These bills would provide Dreamers and TPS recipients with permanent legal status and a path to citizenship.
BIA Denies Motion to Reopen and Distinguishes Pereira
The BIA held that Pereira is inapplicable outside the narrow context of the “stop-time” rule and concluded that rescission of respondent's in absentia order of removal and termination of her proceedings were not warranted. Matter of Pena-Mejia, 27 I&N Dec. 546 (BIA 2019)
BIA Dismisses Motion to Reopen, Distinguishes Pereira
The BIA held that Pereira was distinguishable because respondent refused to provide an address after an NTA was served and found respondent’s case did not warrant discretion regardless of the availability of an I-601A waiver. Matter of Miranda-Cordiero, 27 I&N Dec. 551 (BIA 2019)
FOIA Litigation Results in Helpful Guidance on Motions Practice Before the BIA
The American Immigration Council released key DOJ guidance that may help you if your clients are facing removal from the United States. These materials—publicly available for the first time—address motions before the Board of Immigration Appeals (BIA), including stays of removal.
BIA Finds IJ Improperly Deemed Application Abandoned for Leaving One Question Blank
Unpublished BIA decision finds that IJ erroneously deemed application for relief abandoned where pro se respondent left one question blank because he was not sure how to answer it. Special thanks to IRAC. (Matter of Sathyanarayanan, 5/22/19)
EOIR Provides Attorney and Fully Accredited Representative FAQs
EOIR provided FAQs on eFiling in eRegistry (EOIR-27 and 28 Forms only), ECAS pilot program, eInfo expanded electronic filing, eInfo non-electronic filing capabilities, and electronic record of proceedings.
DHS Provides FAQs on EOIR Courts and Appeals System (ECAS)
DHS provided FAQs on the EOIR Courts and Appeals System (ECAS), expanded electronic filing and DHS portal, and electronic record of proceedings (eROPs).
Sign-On Letter to House Judiciary Committee on Permanent Protection for Dreamers, TPS, and DED
On 5/21/19, AILA and 400 organizations signed on in support of a letter to the House Judiciary Committee urging Congress to ensure passage of permanent protections for Dreamers, as well as TPS and DED holders, without further delays.
Moving on Dream and Temporary Protected Status Is the Right Path
AILA urged Congress to move forward legislation to offer permanent legal status for “Dreamers” – young people brought to America as children – and the thousands of Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) holders whose protections have been put in jeopardy.
CA9 Finds Petitioner’s Continuous Residency Did Not Commence with Grant of Parole
The court held that petitioner had failed to show that his 1997 parole constituted an “admission in any status,” and thus found he had not obtained the requisite seven years of continuous residency in the United States to be eligible for cancellation of removal. (Alanniz v. Barr, 5/20/19)
CA7 Finds DHS’s Failure to Include Date and Time in NTA Was Not a Jurisdictional Flaw
The court held that DHS’s failure to include the time and date of the petitioner’s hearing in the Notice to Appear (NTA) was a failure to follow a claim-processing rule, not a jurisdictional flaw, and that petitioner did not timely object to DHS’s misstep. (Ortiz-Santiago v. Barr, 5/20/19)
Under the Radar: The Trump Administration’s Stealth Attack on the U.S. Immigration System
Senator Edward J. Markey’s (D-MA) office released a report on President Trump’s series of high-profile policy changes that target immigrants and the communities in which they reside. The Trump administration engineered each of these policy changes to fundamentally overhaul our immigration system.
BIA Finds Failure to Disclose Prior Arrest Was Not Willful Misrepresentation
Unpublished BIA decision finds DHS failed to establish that omission of prior arrest on adjustment application was willful given respondent’s mistaken belief that question only related to whether he had been “locked up.” Special thanks to IRAC. (Matter of Vela Hernandez, 5/20/19)
EOIR Resources on its Fraud and Abuse Prevention Programs
EOIR webpage with resources on its Fraud and Abuse Prevention Program (Fraud Program), which is a centralized place to make complaints about issues of fraud, immigration scams, and the unauthorized practice of immigration law.
EOIR Virtual Law Library
EOIR Virtual Law Library provides Board precedents and related court documents, including the Board citation, Board holding, and Court response. Page is updated on an ongoing basis.
BIA Reverses Decision Granting DHS Motion to Change Venue
Unpublished BIA decision grants interlocutory appeal and vacates change of venue requested by DHS because IJ did not acknowledge respondent’s opposition or cite any reasons in his decision. Special thanks to IRAC. (Matter of Guevara Carrillo, 5/17/19)
CA8 Finds BIA Provided Rational Explanation for Denial of Somali Petitioner's Motion to Reopen
The court held that the BIA did not abuse its discretion in denying the Somali petitioner’s motion to reopen, finding that the BIA gave a rational explanation for its decision, and that it need not list every possible argument for and against its decision. (Ali v. Barr, 5/17/19)
Press Call: Representative Cárdenas and Immigration Policy Experts Discuss the Politicization of Immigration Courts
On May 17, 2019, Representative Cárdenas (D-CA) joined policy experts from AILA, as well as Professor Ingrid Eagly and retired Immigration Judge Jeff Chase on a press call to discuss the current state of our nation’s immigration system.
CA4 Finds DHS’s Rescission of DACA Violated the APA
The court reversed in part the district court and remanded, holding that the government’s decision to rescind the DACA policy violated the Administrative Procedure Act (APA), because it was not adequately explained and thus was arbitrary and capricious. (Casa de Maryland v. DHS, 5/17/19)
CA5 Holds IIRAIRA Is Not Impermissibly Retroactive as Applied to Petitioner
The court held that the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) was not impermissibly retroactive as applied to the petitioner, because no adjustment application was pending at the time of the reinstatement order. (Terrazas-Hernandez v. Barr, 5/16/19)
Fifty-Five Members of Congress Call on DOJ to Reverse the Matter of M-S- Decision
On 5/15/19, Representatives Tony Cárdenas (D-CA) and Darren Soto (D-FL) and 55 colleagues sent a letter to DOJ urging it to reverse Matter of M-S- which would make people apprehended between ports with credible fear determinations ineligible for bond hearings in front of an IJ.
BIA Equitably Tolls Deadline for Motion to Reopen Filed with Diligence After Dimaya
Unpublished BIA decision equitably tolls deadline for respondent ordered removed in 2001 where motion to reopen was filed with diligence after Supreme Court decision finding 18 U.S.C. 16(b) unconstitutionally vague. Special thanks to IRAC. (Matter of Aguilar Elias, 5/15/19)
AILA Policy Brief: Facts About the State of Our Nation’s Immigration Courts
AILA issued a policy brief in response to EOIR’s Myths vs. Fact memo that was disseminated on May 8, 2019. AILA explains that EOIR’s skewed portrayal only demonstrates the urgent need for Congress to create an independent court, separate from DOJ.