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
CA1 Affirms BIA Denial of MTR, Dismisses Challenge to BIA’s Sua Sponte Denial
The court affirmed that potential LPR eligibility is not an exceptional circumstance that can overcome time/number bars on MTRs, and it denied jurisdiction to review the BIA’s sua sponte denial to reopen. (Lemus v. Sessions, 8/14/18)
U.S. Senators Demand DHS Reunify All Separated Families
On 8/14/18, seventeen democratic U.S. senators led by Senator Kamala Harris (D-CA) signed a letter to DHS Secretary Kirstjen Nielsen demanding the reunification of all families separated at the southern border because of the administration’s “zero tolerance” policy.
Law Scholars Issue Letter Denouncing Quotas for Immigration Judges
On 8/14/18, over 120 immigration and administrative law scholars penned a letter to Attorney General Jeff Sessions denouncing DOJ’s plan to impose case completion quotas to measure immigration judges’ performance, as it would undermine the independence of the immigration courts.
BIA Holds Texas Online Solicitation of a Minor Not an Aggravated Felony
Unpublished BIA decision holds that online solicitation of a minor under Tex. Penal Code 33.021 is not aggravated felony sexual abuse of a minor or attempted sexual abuse of a minor because it does not require a victim under 16 years of age. Special thanks to IRAC. (Matter of Adeeko, 8/14/18)
CA2 Settles Question of First Impression, Holding that Petitioner Acquired Citizenship at Birth from USC Parent Despite Lack of Blood Relationship
The court terminated proceedings, holding that non-biologically–related USC father was petitioner’s “parent” for purposes of acquired citizenship under former INA §301(a)(7), because child was born into a lawful marriage as understood by common law. (Jaen v. Sessions, 8/13/18)
CA8 Affirms Denial, Agrees No Changed Country Conditions Exist that Would Remedy Untimely Filing
The court denied jurisdiction to review asylum denial for untimeliness, agreeing that IJ did not err in determining no exceptional circumstance was met; it also held evidence of political violence submitted to BIA was properly deemed immaterial. (Degbe v. Sessions, 8/13/18)
CA9 Holds BIA Erred in Denying Cancellation Based on Incorrect Application of Categorical and Modified Categorical Approaches for CIMT
The court held BIA erred in concluding OR witness tampering statute was categorically CIMT and that statute was not divisible; under modified categorical approach, court found statute was divisible and applicable subsection also not categorically CIMT. (Vasquez-Valle v. Sessions, 8/10/18)
CA8 Holds BIA Failed to Address Merits of MTR for Asylum, Remands for Determination in the First Instance
The court concluded the BIA abused its discretion by not considering the medical “exceptional circumstance” claim for missing asylum hearing; also, BIA did not explicitly rule on whether petitioner’s specific departure was abandonment of asylum application. (Payeras v. Sessions, 8/9/18)
CLINIC Fact Sheet: Family Separation for Asylum Seekers
In April 2018, the Trump administration began a “Zero Tolerance” policy that led to DHS separating asylum-seeking parents from their children. This fact sheet explains how the Trump administration carried out family separation and the federal court ruling in Ms. L v. ICE.
AILA Quicktake #248: NAIJ Files a Formal Grievance Against EOIR and DOJ
Jeremy McKinney, AILA Treasurer, discusses Matter of Castro-Tum and how it has led to a formal grievance filed by the National Association of Immigration Judges (NAIJ) against EOIR and DOJ.
Immigration Judges Spotlight DOJ Hijacking of Court Independence
Today, NAIJ accused EOIR of violating the Constitution, federal statute and the NAIJ’s union contract by stripping cases away from a judge; Jeremy McKinney, AILA Treasurer noted the grievance “puts the spotlight on how fundamentally compromised our immigration court system has become.”
Judges’ Union Files Grievance Over DOJ’s Interference with Judicial Independence and Violation of the Due Process Rights
The National Association of Immigration Judges, the union representing the nation’s roughly 350 federal Immigration Judges, filed a formal grievance seeking redress for the unwarranted removal of cases from the docket of a Philadelphia-based judge, United States Immigration Judge Steven A. Morley.
Judges’ Union Grievance Seeking Redress for the Unwarranted Removal of Cases from IJ
The National Association of Immigration Judges (NAIJ) filed a formal grievance seeking redress for the unwarranted removal of cases from the docket of a Philadelphia-based judge, Immigration Judge Steven A. Morley. NAIJ represents approximately 350 federal immigration judges nationwide.
CA9 Holds BIA Erred in Finding State Child Abuse Conviction Was Categorically a Crime of Child Abuse
The court remanded, holding NV misdemeanor child abuse statute’s “reasonable foreseeability” standard of harm to child is broader than BIA’s “reasonable probability” standard thus conviction basis could be outside the scope of the federal generic crime. (Alvarez-Cerriteno v. Sessions, 8/8/18)
CA8 Affirms Asylum Denial for Mother, Remands to Properly Consider Applications of Children
The court confirmed petitioner failed to prove membership in PSG, agreeing she was targeted because she refused to divulge whereabouts of her brother who fled recruitment; her children, however, raised additional PSG basis that was not adequately considered. (De Rivas v. Sessions, 8/8/18)
CA9 Dismisses Review for Lack of Jurisdiction, Holds No Final Order of Removal Exists
The court held petitioner’s first departure executed removal order; upon expiration of subsequent parole, ICE wrongly put him into VWP asylum-only proceedings. CA9 held the resulting asylum denial was not a final finding of removability for jurisdiction. (Nicusor-Remus v. Sessions, 8/8/18)
CA4 Upholds BIA Decision that It Can Look Through an Inchoate Crime Statute to Underlying Criminal Purpose
The court upheld looking beyond a conspiracy statute to determine whether the crime behind the conspiracy conviction involved a controlled substance, thus, rendering petitioner inadmissible. It also held that §1229a(c)(3)(B) does not exclude indictments. (Shaw v. Sessions, 8/7/18)
BIA Dismisses Appeal, Finding Respondent Ineligible for Cancellation of Removal
BIA found that the IJ properly determined that the respondent is ineligible for cancellation of removal following his violation of a protection order, because he has been convicted of an offense under INA §237(a)(2)(E)(ii). Matter of Medina-Jimenez, 27 I&N Dec. 399 (BIA 2018)
BIA Reopens and Terminates Proceedings Sua Sponte in Light of Intervening Ninth Circuit Decision
Unpublished BIA decision reopens and terminates proceedings sua sponte in light of holding in United States v. Robinson, 869 F.3d 933 (9th Cir. 2017), that assault under Wash. Rev. Stat. 9A.36.021 is not a crime of violence. Special thanks to IRAC. (Matter of Ibrahim, 8/7/18)
TRAC Found Stepped Up Illegal-Entry Prosecutions Reduce Those for Other Crimes
TRAC found that the push to prioritize prosecuting illegal border crossers has impacted the capacity of prosecutors to enforce other federal laws. In March 2018, along the southwest border 14% of prosecutions were for any non-immigration crimes, but by June 2018, this ratio had shrunk to 6%.
DHS Issues Statement Regarding Safety and Enforcement During Northern California Wildfires
DHS issued a statement that ICE has suspended routine immigration enforcement operations in the areas impacted by the wildfires in northern California. The statement notes that immigration enforcement will not be conducted at evacuation sites or assistance centers, such as shelters or food banks.
DOJ Issues Statement on Court Order Ordering the Restoration of DACA Program
Attorney General Jeff Sessions issued a statement in response to the court order in the D.C. District Court, ordering the restoration of the DACA program, stating, “The Department of Justice will take every lawful measure to vindicate the Department of Homeland Security’s lawful rescission of DACA.”
BIA Dismisses Appeal, Finding Involvement in Animal Fighting Venture is CIMT
BIA reaffirmed its prior decision denying the respondent’s application for cancellation of removal and dismissed his appeal, finding that exhibiting or sponsoring an animal in an animal fighting venture is a crime involving moral turpitude. Matter of Ortega-Lopez, 27 I&N Dec. 382 (BIA 2018)
AILA Quicktake #247: Federal Judge Orders Restoration of DACA
Greg Chen, AILA's Director of Government Relations, discusses Judge John Bates' order to restore DACA, and the possible impacts of the hearing with Andrew Hanen on August 8, 2018, on that decision.
Federal Judge Certifies Class Action Against The Geo Group, Inc.
A District Court judge certified a class of current and former civil immigration detainees who performed work for The Geo Group, Inc. at its Northwest Detention Center in Tacoma, WA and were paid a $1 daily rate. (Nwauzor et al. v. The GEO Group Inc., 8/6/18)