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 Rescinds In Absentia Order Against Respondent Who Presented Herself to ICE
Unpublished BIA decision rescinds in absentia order where respondent willingly presented herself to ICE before and after being ordered removed and exercised due diligence in retaining counsel and seeking to reopen proceedings. Special thanks to IRAC. (Matter of Esteban-Manuel, 7/30/18)
AILA Philadelphia Attorneys Condemn Administration's Assault on Immigrants and Due Process
The AILA Philadelphia Chapter issued a statement condemning EOIR’s removal of a sitting immigration judge (IJ) from the case of Castro-Tum, replacing the IJ with an Assistant Chief Immigration Judge (ACIJ) without explanation. The ACIJ ordered Mr. Castro-Tum removed in absentia.
Immigrant Connection Project To Help Reconnect Parents and Children
The Immigrant Connection Project, a partnership between the Vera Institute of Justice and New America, is a resource for parents who have been separated from their children—as well as for the attorneys for these parents.
CA6 Remands, Holds BIA Erred on Multiple Counts in Overturning IJ’s Grants of Asylum and §237(a)(1)(H) Waiver
The court held that the BIA’s asylum denial went against its own precedent and was an abuse of discretion because it unreasonably weighed one negative factor of visa misrepresentation against the IJ’s finding of many positive factors. (Hussam F. v. Sessions, 7/27/18)
Supporting And Funding Immigration Services Is Particularly Vital Now
Jennifer Burk, an AILA member from the Northern California Chapter, shares highlights from the recent pro bono clinic at Annual Conference and urges AILA members to get involved and leverage their expertise to help change lives.
CA7 Affirms Conviction Was CIMT and Was Not Vacated for Reasons Other than Immigration Relief
The court held BIA did not abuse its discretion in denying MTR because petitioner failed to prove that vacatur of conviction was for a substantive or procedural defect; it also upheld finding that conviction with term of “not more than one year” met CIMT standard. (Singh v. Sessions, 7/26/18)
CA8 Holds IJ Appropriately Considered and Rejected Petitioner’s Entrapment-by-Estoppel Defense to Adjustment Denial
The court upheld IJ decision that noncitizen violated federal election laws because, although state erred by sending her a voter registration card, she signed a roster certifying U.S. citizenship; thus, she was inadmissible and precluded from VAWA adjustment. (Chernosky v. Sessions, 7/26/18)
E.D. Wash. Grants Motion to Dismiss, Holds IJ Deportation Decision Void for Lack of Proper Notice Due to Deficient NTA
The court found that despite a timely delivery to hearing due to being in custody, defendant was deprived of proper notice because NTA failed to state time and date of hearing; IJ, thus, had no jurisdiction to enter deportation order. (U.S. v. Virgen-Ponce, 7/26/18)
H.R. 6594: REUNITE Act
On 7/26/18, Representatives Adriano Espaillat (D-NY), Luis Gutiérrez (D-IL), Suzanne Bonamici (D-OR), and Pramila Jayapal (D-WA) introduced the Reunite Every Unaccompanied Newborn Infant Toddler and Other Children Expeditiously (REUNITE) Act to reunite families separated at or near ports of entry.
EOIR Notice of Request for Comments on Proposed Revisions to Form EOIR-28
EOIR notice of request for comments on proposed revisions to Form EOIR-28, Notice of Entry of Appearance at Attorney or Representative Before the Immigration Court. Comments are due by 9/24/18. (83 FR 35498, 7/26/18)
Attorney General Jeff Sessions Delivers Remarks Announcing Arrests from Operation “Double Trouble”
Attorney General Jeff Sessions delivered remarks on Operation “Double Trouble,” allegedly focused on crimes committed predominately by undocumented immigrants in Massachusetts, including Medicaid billing fraud. 28 people were charged, with 22 individuals in the country illegally.
After Matter of A-B- and USCIS Guidance, Don’t Forget to Argue for CAT Protection
AILA’s Asylum and Refugee Committee provides this practice pointer featuring tips, resources, and feedback opportunities for practitioners representing asylum seekers with cases potentially impacted by the Attorney General’s opinion in Matter of A-B- along with USCIS’s implementing guidance.
AILA: U.S. Must Reunify Families, Stay Their Removal, and Provide for the Return of 400+ Parents Deported Without Their Children
AILA calls for an immediate stay of the removal and release from custody of all of the victims of this family separation strategy so the families are afforded the chance to be represented by an attorney and to file claims for relief if they are eligible.
BIA Holds Period of Continuous Residence Did Not Restart After Travel Abroad
Unpublished BIA decision holds that IJ mistakenly believed period of continuous residence under INA §240A(a)(2) restarted each time respondent left and reentered the country. Special thanks to IRAC. (Matter of Castaneda, 7/26/18)
BIA Finds Utah Statute Not a Forgery-Related Aggravated Felony
Unpublished BIA decision holds that Utah Code Ann. 76-6-502 is not an aggravated felony relating to forgery because it prohibits individuals from signing their own name in an unauthorized capacity. Special thanks to IRAC. (Matter of Cedano-Carrillo, 7/26/18)
H.R. 6527: FAIR Proceedings Act
On 7/25/18, Representatives McEachin (D-VA) and Lofgren (D-CA) introduced the Funding Attorneys for Indigent Removal (FAIR) Proceedings Act, which would guarantee legal counsel during removal proceedings for vulnerable immigrants, including children and individuals with disabilities.
CA2 Finds Petitioners Made Prima Facie Showing of Egregious Constitutional Violation
The court remanded to BIA for suppression hearing, holding that petitioners raised fair questions about the existence and scope of a search warrant; whether race was a factor in search; and if there was coercion during interrogation. (Zuniga-Perez and Hernandez-Ocampo v. Sessions, 7/25/18)
BIA Reopens Proceedings Sua Sponte for Respondent to Apply for 212(c) Waiver
Unpublished BIA decision reopens proceedings sua sponte to allow respondent to apply for waiver under former INA §212(c) in light of intervening decision in Matter of Abdelghany, 26 I&N Dec. 254 (BIA 2014). Special thanks to IRAC. (Matter of Bowen-Ellis, 7/25/18)
CA1 Affirms BIA/IJ Denial of Asylum for Lack of Past Persecution, Likelihood of Future Persecution
The court agreed that three incidents of harassment perpetrated by single persons, without even slight injury, do not rise to the level of past persecution or meet the grounds for objective fear of future persecution. (Martinez-Perez v. Sessions, 7/24/18)
Audio from Telebriefing on Family Separation and Family Reunifications
On a press call, AILA, the American Immigration Council, the Immigration Justice Campaign, and the Dilley Pro Bono Project provided updates on what’s happening to separated parents detained in and around El Paso, Texas, and the latest from the family detention center in Dilley, Texas.
CA9 Holds BIA Interpretation of “Crime of Child Abuse, Neglect, or Abandonment” Entitled to Chevron Deference
The court found California felony child abuse statute was categorical match to federal statute, as interpreted by BIA; thus, court agreed with CA2 (split with CA10) that BIA was entitled to Chevron deference in its reasonable interpretation. (Martinez-Cedillo v. Sessions, 7/23/18)
Former Immigration Judge Jeffrey Chase on Attorneys and Credible Fear Review
In a July 22, 2018, blog post, former IJ Jeffrey Chase discusses the application of credible fear interviews conducted by USCIS asylum officers.
Bicameral Letter to ICE on Telephone Access Policies in Detention
On 7/20/18, over 150 members of the U.S. Senate and House of Representatives sent a letter to ICE expressing concern that detained parents who had been separated from their children have limited telephone access and were being forced to pay exorbitant out-of-pocket fees to contact their children.
CA2 Holds Ounce of Marijuana Is Small Amount Under CSA, Confirms BIA Erred in Applying Realistic Probability Test
The court held BIA erred in overturning IJ’s determination that controlled substance offense was a misdemeanor based on categorical approach; thus, petitioner was not barred from cancellation for an aggravated felony. Remanded for review of cancellation grant. (Hylton v. Sessions, 7/20/18)
CA3 Holds Lack of Jurisdiction Over Appeal of a Nationality Determination Case
The court concluded that appeals from a §1252(b)(5)(B) case that it transferred to the district court of petitioner’s residence, as mandated by the statute, must be made in the circuit court that embraces the transferee district court, in this case CA2. (Ricketts v. Att’y Gen., 7/20/18)