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 Denial of Continuance to Find Counsel
Unpublished BIA decision holds that IJ should have granted additional continuance for respondent to find counsel where he had been given only two weeks since initial hearing that included holiday weekend. Special thanks to IRAC. (Matter of Jimenez, 10/31/18)
BIA Holds Georgia Theft by Receiving Stolen Property Not An Aggravated Felony or a CIMT
Unpublished BIA decision holds that theft by receiving stolen property under Geo. Code Ann. 16-8-7 is not an aggravated felony or CIMT because it does not require knowledge or belief that property was stolen. Special thanks to IRAC. (Matter of Espinosa-Alvarez, 10/30/18)
BIA Holds Virginia Burglary Not a CIMT
Unpublished BIA decision holds that burglary under Va. Code §18.2-91 is not a CIMT because it prohibits breaking into non-dwellings and the intended crime need not be turpitudinous. Special thanks to IRAC. (Matter of Minas Urbina, 10/30/18)
BIA Rescinds In Absentia Order Because Hearing Notice Listed Wrong State
Unpublished BIA decision rescinds in absentia order where hearing notice mistakenly used postal code for South Carolina (“SC”) rather than California (“CA”). Special thanks to IRAC. (Matter of Ramos-Amaya, 10/29/18)
BIA Holds Aggravated Felony Bar in INA §212(h) Does Not Apply to Prior Refugees
Unpublished BIA decision holds that an aggravated felony bar in INA §212(h) does not apply to applicants who were admitted as refugees before adjusting to LPR status. Special thanks to IRAC. (Matter of Zheleznyak, 10/29/18)
CA1 Denies Petition for Review, Holds BIA Did Not Abuse Its Discretion by Denying Motion to Reconsider
The court concluded that petitioner did not identify any specific factual or legal error made by BIA to warrant granting MTR, and that MTR was not proper vehicle to admit new documents. (Kuffour v. Sessions, 10/26/18)
Assault By ICE: How to Handle ICE When They Lie and Renege on Cases, Bonds, Detention, Writs of Habeas, and Communication
Assault By ICE: How to Handle ICE When They Lie and Renege on Cases, Bonds, Detention, Writs of Habeas, and Communication presentation from the October 2018 Missouri/Kansas CLE. This presentation was given by Andrea Martinez and Megan Galicia of Martinez Immigration Law.
CA7 Denies Petition, Upholding IJ/BIA Denial of CAT Deferral of Removal and BIA Denial of MTR
The court sustained IJ’s deferral denial per substantial evidence standard, holding evidence of torture was speculative and generalized; it also held BIA correctly applied “reasonable likelihood” standard for MTR denial, so no legal error committed. (Molina-Avila v. Sessions, 10/25/18)
USCIS Updates Policy Guidance to Remove References to Form G-325A
USCIS announced an update to the policy guidance in the USCIS Policy Manual to remove references to Biographic Information (Form G-325A). Guidance is effective as of 10/25/18. Comments are due by 11/7/18.
EOIR Releases Materials from the 2018 Legal Training Program for Immigration Judges
Obtained via FOIA by Hoppock Law Firm, EOIR released training materials from its 2018 Legal Training Program, including on claims to citizenship, non-LPR cancellation, evidentiary challenges, criminal immigration and bond law, and asylum law. Special thanks to Matthew Hoppock.
AILA Insight: Requesting a Bond Hearing: How Detained Immigration Courts Vary with Scheduling Bond Hearings
AILA member Matthew Boles discusses how some immigration courts are auto-scheduling bond hearings for custody redetermination.
TRAC Report: Counties Where ICE Arrests Concentrate
TRAC found that 28% of recent ICE arrests of immigrants living and working in communities around the U.S. took place in just ten counties, along with the immediate surrounding locales. Half of all such arrests by ICE occurred in just 24 counties out of the nearly 3,200 counties across the country.
ACLU Calls for Moratorium and Files FOIA Request to DHS on Facial Recognition
The American Civil Liberties Union (ACLU) called for a moratorium, and filed a FOIA request with DHS, on the use of facial recognition technology for immigration enforcement and law enforcement purposes until Congress and the public debate, what, if any, uses of this technology should be permitted.
CA6 Remands, Holds BIA Denial of MTR Based on Changed Country Conditions Was Not Harmless Error
The court found BIA summarily decided evidence was insufficient and, thus, failed to articulate a reasonable basis for the denial on which the court could give meaningful review; it held such cursory and conclusory decisions were arbitrary. (Precetaj v. Sessions, 10/24/18)
AILA ICE Liaison Committee Meeting Q&As (10/23/18)
Official Q&As from the 10/23/18 AILA liaison meeting with ICE. Topics include staffing and organizational updates, NTAs and scheduling of immigration court hearings, recalendaring cases, arrests at USCIS and EOIR facilities, unaccompanied minors, and stays of removal.
Democratic Senators Request Information on ICE’s Violation of Congressional Requirements
On 10/22/18, Senator Tom Udall (D-NM), a member of the Senate Appropriations Committee, led a letter to ICE Acting Director expressing concerns and information about the agency’s failure to comply with reporting requirements from FY2018 DHS Appropriations bill and ICE’s patter of overspending.
BIA Holds Connecticut Larceny Not an Aggravated Felony Theft Offense
Unpublished BIA decision holds that offenses incorporating the definition of “larceny” in Conn. Gen. Stat. 53a-119 are not aggravated felonies because they encompass fraud-based offenses. Special thanks to IRAC. (Matter of Luzardo, 10/22/18)
CA5 Holds §212(a)(2)(A)(i)(II) Impermissibly Retroactive When Drug Was Added to Federal Schedule Between Dates of Commission and Conviction
The court found addition of AB-CHMINACA to federal schedule after arrest but before conviction was not controlled substance at time of offense as it’s addition could not overcome presumption against retroactivity. (Lopez Ventura v. Sessions, 10/19/18)
AILA DOS Liaison Q&As (10/18/18)
DOS provided responses to AILA/DOS Liaison Q&As from a 10/18/18 meeting. Topics include: Presidential Proclamation 9645 waivers and exceptions, public charge issues, affidavits of support and joint sponsors, LegalNet’s scope of review, the visa bulletin, credit card payments in Mexico, and more.
Advocates File Class Action Lawsuit Challenging Detention of Vietnamese Immigrants
Resources related to four Vietnamese refugees, whose families fled Vietnam before 1995, and filed a habeas corpus class action petition and class action complaint for declaratory and injunctive relief challenging ICE detention.
Terrible and Terrifying: Marriage Interviews Become Another Cog in the Deportation Machine
AILA Executive Director Ben Johnson highlights the growing number of cases where ICE seizes people during the marriage interview component of their immigration application process, an interview required to pursue the legal status which would protect them.
CA11 Construes MTR as Statutory Not Sua Sponte, and Holds IJ/BIA Abused Discretion by Relying on Irrelevant Factors
In an unpublished decision, the court held it had jurisdiction because it met §240(c) requirements as statutory MTR; concluded IJ/BIA arbitrarily relied on unexplained factors and BIA failed to give reasoned consideration to petitioner’s claims. (Marquez-Martinez v. Att’y Gen., 10/17/18)
Practice Pointer: Screening TPS Beneficiaries for Other Potential Forms of Immigration Relief
AILA’s VSC Liaison Committee provides guidance for screening TPS clients for all possible forms of immigration relief, both affirmative and defensive. Practice pointer includes checklist of potential post-TPS relief.
Board of Immigration Appeals Practice Manual (10/16/18)
The Board of Immigration Appeals (BIA) provided an updated Practice Manual (last revised on October 16, 2018). This manual describes procedures, requirements, and recommendations for practice before the BIA.
CA3 Affirms BIA Removability Finding, Holds NJ Drug Distribution Statute Categorically Matches Federal Counterpart
The court held NJ “attempt” was not broader than federal “attempt” because both require a “substantial step” and treat some solicitation as attempts; it also held governing list of controlled substances is statutory list at the time of conviction. (Martinez v. Att’y Gen., 10/16/18)