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
Practice Pointer: Matter of Castro-Tum
On 5/17/18, the Attorney General issued a decision in Matter of Castro-Tum that severely limits immigration judges’ authority to administratively close cases. This practice pointer examines the decision’s major holdings, provides tips for affected cases, and highlights additional resources.
TRAC Finds Growth in Immigration Court Backlog Varies Markedly by State
TRAC found that as of July 2018, pending cases in Immigration Court reached nearly three-quarters of a million. This is a 38% increase compared to January 2017. All states are witnessing an increase in Immigration Court backlogs. However, ten states account for the vast majority of the backlog.
BIA Remands for IJ to Consider Status of Pending Appeal and Determine Whether a Continuance May be Appropriate
The BIA remanded for the IJ to consider the status of the pending appeal and new evidence, and to determine whether a continuance may be appropriate. The appeal of the IJ’s determination regarding removability is dismissed. Matter of Acosta, 27 I&N Dec. 420 (BIA 2018)
U.S. Representatives Demand DHS Reunify All Separated Families
On 8/29/18, sixty-seven democratic U.S. representatives signed a letter to DHS Secretary Kirstjen Nielsen demanding the reunification of nearly 500 children that remain separated from their parents at the southern border because of the administration’s “zero tolerance” policy.
CA8 Finds Decision Supported by Substantial Evidence Despite Errors in IJ Written Decision
The court found no due process violation in hearing or in IJ’s erroneous use of boilerplate language from different case because BIA considered the errors, found them harmless, and made its own determinations with independent judgement and substantial evidence. (Ramirez v. Sessions, 8/29/18)
CA9 Remands, Finding BIA/IJ Erred in Concluding CA Meth Convictions Were Removable Controlled Substance Violations; Applies Taylor Analysis T
The court held if statute has two disjunctive lists, Taylor must be applied twice; it held meth and types of myth was covered in statute, and determined that various types were alternative means of one crime, not alternative elements for divisibility. (Lorenzo v. Sessions, 8/29/18)
CA7 Upholds BIA Denial Due to Adverse Credibility Finding Per Substantial Evidence Standard
The court held that substantial evidence supported the IJ/BIA’s determination that petitioner’s inconsistent testimony warranted an adverse credibility finding on his asylum, withholding, and CAT claims. (Alvarenga-Flores v. Sessions, 8/28/18)
Practice Pointer: Matter of L-A-B-R-
On 8/16/18, the Attorney General issued a decision in Matter of L-A-B-R- discussing when a continuance should be granted for the respondent to pursue collateral relief. This practice pointer discusses the decision’s major holdings, tips for affected cases, and additional resources.
CRS FAQs on the Flores Settlement Agreement
CRS provides FAQs on the Flores settlement agreement, stating that Congress could largely override the settlement, although constitutional considerations relating to the rights of undocumented immigrants in immigration custody may inform the permissible scope of such legislation.
CA1 Denies Asylum For Failure to Meet Nexus, “Particularity” Prong
The court upheld BIA denials that petitioner was targeted based on her family relationship, and that “single mothers with no male protection who are unable to relocate in El Salvador” are a particular social group. (Aguilar-De Guillen v. Sessions, 8/27/18)
Oral Opinion Asylum Addendum Applies Matter of A-B-
An oral opinion asylum addendum associated with at least one immigration court applies Attorney General Jeff Sessions’ decision in Matter of A-B-.
Join the Fight to Restore USCIS’s Mission and Ensure Immigration Court Independence!
In this blog post, Media Advocacy Committee Member Katie Sarreshteh highlights AILA's August Campaign and urges members to help AILA's efforts “to realign USCIS with its congressional mandate and ensure judicial independence in our immigration courts.“
CRCL Issues Recommendations Memo Concerning Etowah County Jail
In 2018, CRCL investigated the conditions of detention for ICE detainees at the Etowah County Jail. Review focused on alleged civil rights and civil liberties violations. CRCL issued recommendations to medical care, mental health care, detention conditions, environmental health, and more.
DOJ Final Rule Reflecting Organizational Changes Regarding International Prisoner Transfer Program
DOJ final rule effective 9/2/18 reflecting organizational changes regarding the International Prisoner Transfer Program. (83 FR 42774, 8/24/18)
CA9 Finds Indecent Exposure Convictions Under Washington Statutes Are Not CIMTs
The court refused to apply deference because BIA failed to correctly apply its own precedent in Cortes Medina that holds indecent exposure is only CIMT when statute has element of lewd intent related to sexually-motivated behavior. (Barrera-Lima v. Sessions, 8/24/18)
BIA Reopens Removal Proceedings Sua Sponte for TPS Holder to Adjust Status
Unpublished BIA decision reopens removal proceedings sua sponte over DHS objection for respondent with TPS who is eligible to adjust status under Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017). Special thanks to IRAC. (Matter of Mohamed, 8/24/18)
CA9 Remands, Holds Inadmissibility Grounds Inapplicable to LPR Not Seeking Admission
The court held that LPR petitioner’s admitted drug use did not render him inadmissible since, as an LPR, he did not seek admission; thus, it did not trigger the cancellation of removal stop-time rule. (Nguyen v. Sessions, 8/23/18)
Press Call on Complaint Regarding Coercive Tactics Used by Immigration Officials on Separated Parents
On a press call, representatives of AILA, the Council, the Dilley Pro Bono Project, and Annunciation House discuss a complaint filed by AILA and the Council with DHS’s OIG and CRCL regarding coercive tactics used by government officials against parents who were separated from their children.
The Use of Coercion by U.S. Department of Homeland Security (DHS) Officials Against Parents Who Were Forcibly Separated From Their Children
AILA and the Council announced the filing of a complaint with the DHS Office of the Inspector General and Office for Civil Rights and Civil Liberties on the pervasive and illegal practice by DHS officials of coercing separated mothers and fathers into signing documents they may not have understood.
Complaint Details Coercive Tactics Used by Immigration Officials on Separated Parents
AILA and the Council filed a complaint with the DHS Office of the Inspector General (OIG) and Office for Civil Rights and Civil Liberties (CRCL) documenting a pervasive, illegal practice by DHS officials of coercing separated mothers and fathers into signing documents they may not have understood.
AILA and Council File Complaint Regarding Coercive Tactics Used by Immigration Officials on Separated Parents
Resources on the AILA and American Immigration Council complaint, filed with the DHS OIG and CRCL regarding a pervasive and illegal practice by DHS officials of coercing parents into signing documents, ostensibly waiving their legal rights, including their right to be reunified with their children.
BIA Faults IJ for Not Explaining Difference Between Pre- and Post-Conclusion Voluntary Departure
Unpublished BIA decision remands because IJ failed to explain difference between pre- and post-conclusion voluntary departure and granted pre-conclusion voluntary departure without asking whether respondent wished to waive appeal. Special thanks to IRAC. (Matter of Lozano-Fernandez, 8/23/18)
BIA Holds Arizona Drug Schedule Overbroad and Not Divisible
Unpublished BIA decision holds possession of narcotics for sale under Ariz. Rev. Stat. §13-3408(A)(2) not an aggravated felony because the state schedule includes several substances not on federal schedule and the statute is not divisible. Special thanks to IRAC. (Matter of Albano, 8/23/18)
HHS Notice of Intent to Fund 850 Additional Beds to Keep Unaccompanied Children in Custody
HHS (Department of Health and Human Services) notice of intent to provide $28,003,926 of funding for 850 beds to keep unaccompanied children in custody. (83 FR 42505, 8/22/18)
CA9 Upholds BIA Removal Findings, Confirming Aggravated Felony, Inapplicability of Expungement, Ineligibility for §212(c) Waiver, and CAT Denial
The court held conviction under CA statute for possession to sell cocaine salt was an aggravated felony under the modified categorical approach, and that the conviction withstood expungement for immigration purposes. (Robles Lopez v. Sessions, 8/22/18)