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 Upholds BIA Reversal of IJ Grant of CAT Deferral to Domestic Violence Victim
The court denied petition for review and held the BIA correctly found the petitioner was unable to prove that the Dominican government acquiesced in her domestic abuse; thus, failed to meet the CAT definition of “torture” mandated for deferral of removal. (Ruiz-Guerrero v. Whitaker, 12/12/18)
CA8 Denies Petition for Review, Finding No Due Process Violations by IJ
The court found although IJ stopped petitioner’s attorney from listing potential PSGs (potential denial of right to counsel), there was no prejudice because IJ considered three PSGs; and IJ was not biased by asking about her failure to report crimes to police. (Molina v. Whitaker, 12/12/18)
CA1 Upholds IJ/BIA Denial of Asylum Due to Lack of Nexus to a Protected Ground
The court found petitioner secretly informed Ecuadorian police about gangs suffered persecution, but failed to prove he was targeted due to political opinion or particular social group since there was no evidence that his attackers knew he was an informant. (Mendez v. Whitaker, 12/11/18)
CA2 Vacates Unlawful Reentry Sentence Imposed on Noncitizen Based on Incorrect “Drug Trafficking Offense” Finding, and Remands for Resentencing
Using the categorical approach, the court held AZ’s drug law was overbroad; thus, district court erred in finding defendant’s prior conviction a “drug trafficking offense” that subjected him to 2016 Guidelines’ higher sentencing than that of 2014 Guidelines. (U.S. v. Guerrero, 12/10/18)
CA3 Holds PA Child Endangerment Statute Does Not Categorically Match INA §237(a)(2)(E)(i) Definition of Child Abuse
The court found BIA erred in finding 18 Pa. Cons. Stat. §4303(a)(1) is a categorical match for removability; rather, it does not have the requisite risk requirement to match INA’s “likelihood of harm” standard; remanded to consider alternative removal ground. (Liao v. Att’y Gen., 12/10/18)
BIA Upholds Grant of Adjustment of Status to Applicant with Three DUIs
Unpublished BIA decision upholds discretionary grant of adjustment application for respondent with three DUIs in light of more than 20 years’ residence, consistent employment, and passage of time since most recent offense. Special thanks to IRAC. (Matter of Velasquez Chavez, 12/10/18)
BIA Reopens Proceedings Sua Sponte for TPS Holder to Adjust Status
Unpublished BIA decision reopens proceedings sua sponte for respondent to apply for adjustment of status in light of grant of TPS and recent reentry pursuant to grant of advance parole. Special thanks to IRAC. (Matter of Sylvestre, 12/10/18)
CA9 Denies Government’s Motion for Stay of Restraining Order Enjoining Interim Final Rule on Asylum Claims
The court denied the government’s motion for a stay of the district court’s temporary restraining order enjoining the government from implementing the 11/9/18 interim final rule on asylum claims along the southern border. (East Bay Sanctuary Covenant v. Trump, 12/7/18)
D. Nev. Grants Noncitizen’s Motion to Dismiss 8 USC §1326 Indictment Based on Initial Removal Order’s Invalidity Due to IJ’s Lack of Jurisdiction per
The court held NTA failed to include time and place, so IJ did not have jurisdiction to issue initial removal order; that and subsequent removal order were, thus, void, leaving no predicate element for the §1326 violation indictment. (United States v. Soto-Mejia, 12/7/18)
CA4 Grants Review, Holds DHS Failed to Meet Its Burden of Proving Petitioner’s Entry Date for Purposes of CIMT Removal Within Five Years of Admission
The court held DHS failed to sustain its burden of proving that petitioner, who committed CIMT in 2012, was admitted in 2008 AOS, rather than 2002 airport entry as claimed with unrebutted evidence; CA4 also ordered BIA to grant motion to terminate. (Mauricio-Vasquez v. Whitaker, 12/6/18)
CA8 Upholds BIA Denial of Motion to Reconsider Its Reversal of IJ’s Grant of Discretionary AOS Based on IJ’s Impermissible Reassessment of Conviction
The court held that BIA met the “rational explanation” standard of review in denying the motion and did not engage in fact-finding when it considered the sufficiency of the evidence after determining that the IJ incorrectly went behind the record of conviction. (Camacho v. Whitaker, 12/6/18)
District Court Enjoins Sheriff’s Practice of Detaining Noncitizens with Release Eligibility Based on ICE Detainers
The court held El Paso, CO county does not have state or federal authorization to detain release-eligible noncitizens pursuant to ICE detainers, and that such detention violates due process, right to bail, and reasonable seizure provisions of CO constitution. (Cisneros v. Elder, 12/6/18)
BIA Holds Minnesota Joyriding Statute Not an Aggravated Felony
Unpublished BIA decision holds that taking or driving a motor vehicle without the consent of the owner under Minn. Stat. 609.52, subd. 2(a)(17) is not an aggravated felony theft offense. Special thanks to IRAC. (Matter of B-A-D-, 12/6/18)
BIA Rescinds In Absentia Order Due to Tardy Filing of NTA
Unpublished BIA decision rescinds in absentia order because DHS did not file NTA prior to originally scheduled hearing and respondent thus had no obligation to inform court of change of address. Special thanks to IRAC. (Matter of Abarca, 12/6/18)
U.S. Senators Demand Information on Death of Transgender Woman in ICE Custody
On 12/5/18, Senators Tom Udall (D-NM), Martin Heinrich (D-NM), and Kamala Harris (D-CA) sent a letter to ICE Acting Director Ronald Vitiello and CBP Commissioner Kevin McAleenan demanding information on the death of Roxana Hernandez, a transgender woman who died while in ICE custody.
AILA, ASISTA, and ILRC Provide Annotated Notes and Practice Pointers on Updated NTA Policy Guidance
AILA, ASISTA, and ILRC have collaborated and issued joint annotated notes and practice pointers on the 11/8/18 announcement from USCIS expanding the Notices to Appear policy so that it affects survivors of violence and abuse.
Government Data Reveals the Inner Workings of the U.S. Immigration Detention System
The American Immigration Council released a report, “The Landscape of Immigration Detention in the United States,” revealing that detained individuals were commonly held in private facilities and located in remote areas, far away from basic community support structures and legal advocacy networks.
Former Chairman of the BIA Paul W. Schmidt’s Speech on Winning Asylum and Saving Lives in the Era of A-B-
In a blog post on 12/4/18 former BIA Chairman and retired immigration judge Paul W. Schmidt shares the speech he delivered at the New York City Bar on seven steps to success for winning asylum cases in the era of Matter of A-B-.
CA9 Finds Law Prohibiting Individuals from Encouraging Unauthorized Immigration Violates Constitutional Right to Free Speech
The court held that INA §274(a)(1)(A)(iv) violates the First Amendment, because it criminalizes a substantial amount of protected speech in relation to the narrow band of conduct and unprotected expression that the statute legitimately prohibits. (United States v. Sineneng-Smith, 12/4/18)
EOIR Announces All Offices Will Be Closed on December 5, 2018
EOIR announced on Twitter that immigration court hearings scheduled for December 5, 2018, will be rescheduled and new hearing notices will be sent to both parties.
District Court Complaint Alleging Unconstitutionality of Appointment of Acting AG
Petitioner in removal proceedings filed for declaratory and injunctive relief, alleging Acting AG Whitaker’s appointment violated Appointments Clause, AG Succession Statute, and FVRA; and that any EOIR/IJ actions under his delegated authority are ultra vires. (Rojo-Ramirez v. Trump, 12/4/18)
The Council and Other Immigrant Rights Organizations File Amicus Brief Arguing Acting AG Whitaker Lacks Authority to Decide Immigration Case
The American Immigration Council and advocates filed an amicus brief in Matter of Negusie that explains why President Donald Trump’s designation of Matthew G. Whitaker as acting attorney general is unlawful. Thus, Mr. Whitaker lacks the authority to decide a critical immigration case.
USCIS 60-Day Notice and Request for Comments on Proposed Revisions to Form I-881
USCIS 60-day notice and request for comments on proposed revisions to Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal. Comments are due 2/1/19. (83 FR 62338, 12/3/18)
Practice Pointer: Matter of S-O-G- and F-D-B-
On 9/18/18, the AG issued a self-certified decision, limiting the power of IJs to dismiss or terminate removal proceedings, absent very narrow circumstances. This practice pointer examines the decision’s major holdings, provides tips for affected cases, and highlights additional resources.
BIA Grants Change of Venue in Interlocutory Appeal
Unpublished BIA decision grants interlocutory appeal and orders change of venue from Atlanta to New York in light of location of respondent’s residence, witnesses, and attorney. Special thanks to IRAC. (Matter of S-G-P-M-, 12/3/18)