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
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 Memo was rescinded on 4/18/22.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Unpublished BIA decision holds possession of drug paraphernalia under Ariz.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)
BIA Holds Texas Retaliation Not an Aggravated Felony or CIMT
Unpublished BIA decision holds that retaliation under Texas Penal Code 36.06(a) is not an aggravated felony relating to obstruction of justice or a CIMT. Special thanks to IRAC. (Matter of Romero Canchola, 11/13/18)
Serving Those Who Serve Our Country
As we reflect on Veterans Day, this blog post offers insights into the impact of immigration law on members of the military and their families and encourages AILA members to “help a service member by bringing immigration legal expertise and a caring heart to bear on these important cases.“
USCIS Provides Procedural Guidance on Implementing Regulatory Changes Created by Interim Final Rule
USCIS issued procedural guidance to provide USCIS asylum officers with guidance for considering and processing claims of asylum, statutory withholding of removal, and protection under CAT, including in the credible fear context, to conform to the Interim Final Rule (83 FR 55934, 11/9/18).
AILA Submits Amicus Brief Challenging the Attorney General’s Irregular Certification Process
AILA submitted an amicus brief challenging the irregularities and potential abuse of power in the Attorney General’s certification process, stating that the current process has “significant cracks and breaks which cannot rightly hold the water as intended.”
CA9 Reviews “Particularly Serious Crime” Language In Light of Johnson and Dimaya, Holds Statute Is Not Unconstitutionally Vague
The court overturned its prior standard for assessing vagueness, but maintained “particularly serious crime” was not unconstitutionally vague; it held that while statute’s standard is uncertain, it is applied to real world facts as opposed to idealized crimes. (Guerrero v. Whitaker, 11/9/18)
CA9 Affirms Preliminary Injunction Requiring DHS to Adjudicate DACA Renewal Applications
The court issued an opinion affirming the district court’s 1/9/18 entry of a preliminary injunction requiring DHS to adjudicate renewal applications for existing DACA recipients. (Regents of the University of California v. DHS, 11/8/18)
USCIS to Continue Implementing New Policy Memorandum on Notices to Appear
USCIS announced that starting 11/19/18, it may issue Notices to Appear (NTAs) based on denials of Forms I-914, I-914A, I-918, I-918A, I-360, I-929, I-730, and I-485 as part of its continued implementation of its 6/28/18 policy memo on issuance of NTAs.
Trump Administration Issues Advance Copy of Rule Intended to Gut Asylum Seekers’ Due Process Rights
AILA responded to the advance copy of an interim rule issued by the Trump administration that would gut asylum seekers’ due process rights; a presidential proclamation is expected Friday, November 9, 2018.