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
CA5 Affirms BIA’s Refusal to Reopen, Finds Petitioner Was Not Entitled to Actual Notice of Hearing and Failed to Rebut Presumption of Delivery
The court held BIA was not arbitrary in determining that because petitioner failed to correct address error on personally-served NTA, he was not entitled to actual notice; and that affidavit did not rebut presumption of delivery of unreturned NOH. (Mauricio-Benitez v. Sessions, 11/8/18)
BIA Holds Puerto Rico Aggravated Battery Statute Not a Crime of Violence
Unpublished BIA decision holds that aggravated battery under former 33 L.P.R.A. 4032 is not a crime of violence because the predicate offense of simple battery does not require use of force. Special thanks to IRAC. (Matter of J-V-L-, 11/7/18)
CA7 Upholds IJ/BIA Denial of Withholding for Lack of Nexus to Particular Social Group
The court held that the IJ/BIA determination that petitioner failed to prove that a gang attack in Mexico was due to family membership since no other family member ever was threatened or attacked was supported by substantial evidence. (Plaza-Ramirez v. Sessions, 11/7/18)
TRAC Report: Immigration Court Backlog Surpasses One Million Cases
TRAC found the Immigration Court backlog has jumped by 225,846 cases since the end of January 2017 when President Trump took office. This represents an overall growth rate of 49 percent since the beginning of FY2017.
AILA and the Council Submit Comments Opposing Flores Regulations
AILA and the American Immigration Council comments opposing proposed regulations related to the Flores Settlement Agreement (FSA). The comments note the regulations would allow for the indefinite detention of children and violate the terms and spirit of the FSA. Special thanks to Fried Frank.
AG Refers BIA Case to Himself and Invites Amicus Regarding Coercion and Duress
The Attorney General referred a BIA decision to himself for review on whether coercion and duress are relevant to the application of the persecutor bar. The Attorney General extended the deadline for amicus briefs to 11/30/18. Matter of Negusie, 27 I&N Dec. 481 (A.G. 2018)
BIA Holds Pennsylvania Aggravated Assault Not a Crime of Violence
Unpublished BIA decision holds that aggravated assault under 18 Pa. Cons. Stat. 2702(a)(1) is not a crime of violence under Third Circuit precedent. Special thanks to IRAC. (Matter of Bravo, 11/2/18)
BIA Holds New York Enterprise Corruption Not a CIMT
Unpublished BIA decision holds enterprise corruption under NYPL 460.20(1)(a) is not a CIMT because the specific crimes giving rise to the charge need not involve moral turpitude. Special thanks to IRAC. (Matter of Sall, 11/2/18)
CA9 Denies Petition, Holds 8 CFR §274a.12(b)(20)’s Regulatory Employment Authorization Does Not Confer Lawful Status for INA §245(k) AOS Purposes
The court held grant of employment authorization under 8 CFR §274a.12(b)(20) is not one of the 8 CFR §1245.1(d)(1) categories of lawful status eligible for INA §245(k)’s 180-day exception; thus, petitioner, though working validly, failed to maintain lawful status. (Ma v. Sessions, 11/2/18)
BIA Holds Termination of Temporary Status Did Not Return Respondent to EWI Status
Unpublished BIA decision holds that termination of temporary status under 8 CFR §245a.2(u)(4) did not return respondent to being present without admission or parole because he left and reentered while in temporary status. Special thanks to IRAC. (Matter of Manzo Hernandez, 11/1/18)
AILA Receives Records Relating to EOIR Misconduct in FOIA Lawsuit
Documents released pursuant to a FOIA request and subsequent lawsuit by AILA, AIC, and Public Citizen for records relating to complaints made against immigration judges.
Communities in Crisis: Interior Removals and Their Human Consequences
The Kino Border Initiative, the Center for Migration Studies of New York, and the Office of Justice and Ecology of the Jesuit Conference of Canada and the United States published a report on the characteristics of deportees and the effects of deportation.
EOIR Releases FY2017 Statistics Yearbook
EOIR released its FY2017 statistics yearbook with data on cases before immigration courts, BIA, and OCAHO. The data includes information on respondents’ cases by naturalization, language, and disposition, and provides asylum case information. Information on FOIA receipts is also included.
CRCL Announcement: Concerns with Enforcement Activities at Polling Locations
CRCL responded to concerns with enforcement activity at polling locations, by highlighting ICE’s statement: “ICE does not patrol or conduct enforcement operations at polling locations. Any flyers or advertisements claiming otherwise are false.”
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 Finds Respondent Provided Insufficient Evidence He Would Be “Tortured” in a Mexican Institution
BIA dismissed the appeal and upheld IJ determination that the respondent did not show eligibility for protection under the Convention Against Torture based on conditions of mental health facilities in Mexico. Matter of J-R-G-P-, 27 I&N Dec. 482 (BIA 2018)
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)
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.
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)
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.
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.