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 Orders Further Consideration of Continuance for Detained Respondent Seeking U Visa
Unpublished BIA decision remands for further consideration of request for continuance pending adjudication of U visa application, stating that backlog and respondent being detained are not valid reasons to deny continuance. Special thanks to IRAC. (Matter of Alvarado-Turcio, 5/22/18)
BIA Finds Wisconsin Prostitution Statute Is Categorically an Aggravated Felony
The BIA reinstated removal proceedings, after finding that INA §101(a)(43)(K)(i) encompassed offenses related to the operation of a business that involves engaged in, or agreeing or offering to engage in, sexual conduct for anything of value. Matter of Ding, 27 I&N Dec. 295 (BIA 2018)
CA7 Not Impressed with Petitioner’s Ineffective Assistance and Changed Conditions Claims
The court denied the petition for review, finding the petitioner failed to show prejudice from any attorney error or to present any new material evidence of changed country conditions. (Ramos-Braga v. Sessions, 5/21/18, amended 8/14/18)
District Court Rules Government Must Prove Flight Risk
Granting habeas petition, the district court held that constitution requires placing burden of proof on government in a INA §236(a) custody redetermination hearings. (Pensamiento v. McDonald, 5/21/18)
BIA Reopens and Terminates Proceedings Sua Sponte in Light of Second Circuit Decision
Unpublished BIA decision reopens and terminates proceedings sua sponte upon finding respondent with controlled substance convictions no longer deportable under intervening decision in Harbin v. Sessions, 860 F.3d 58 (2nd Cir. 2017). Special thanks to IRAC. (Matter of Abreu, 5/21/18)
BIA Grants Adjustment Application for Respondent with Multiple Arrests for Domestic Violence
Unpublished BIA decision reverses discretionary denial of adjustment for applicant with two arrests for domestic violence because neither resulted in conviction and he otherwise possessed significant equities. Special thanks to IRAC. (Matter of Ramirez-Ortega, 5/21/18)
Retired IJs and Former Members of the BIA Express Disappointment in AG’s Decision in Matter of Castro-Tum
On May 18, 2018, retired immigration judges (IJs) and former members of the Board of Immigration Appeals (BIA) issued a statement expressing their disappointment in the Attorney General’s decision in Matter of Castro-Tum.
Fighting for My Client Before the BIA – A Preview
AILA Board of Governors member Stephen Manning shares a preview of a case he is arguing before the Board of Immigration Appeals today, writing that “The BIA can and must get this right. My client's fate, and the fate of his family, hinges on the decision.“
AG’s Latest Move Further Erodes the Independence of Immigration Judges
The AG announced that immigration judges and members of the BIA may no longer “administratively close” cases, except cases that meet very narrow criteria, eliminating a critical docket management tool and effectively ensuring that the courts will remain encumbered with massive backlogs.
Attorney General Holds IJs and the BIA Have No General Authority for Administrative Closure
In a case he had previously referred to himself for review, the attorney general held that IJs and the BIA have no general authority for administrative closure. Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018)
ICE Has Missed Two Detention Reporting Deadlines Set by Congress in March
AILA joined other organizations calling on congressional appropriators to hold ICE accountable for violations of congressionally imposed transparency obligations in the ever-expanding immigration detention system.
TRAC Finds ICE Deportations Dropped by Almost Half Over Past Five Years
TRAC released a report on ICE deportations, updated through October 2017, finding that deportation levels have dropped by almost half since October 2012. TRAC also provided updated web tools on ICE deportation data including a breakdown on convictions and number of ICE deportations.
Attorney General Jeff Session Issues Opinion in the Matter of Castro-Tum
Attorney General Jeff Sessions issued an opinion in the Matter of Castro-Tum. DOJ issued a fact sheet with background information, key excerpts from the opinion, and additional information.
CA11 Vacates Its Sopo Decision Regarding Prolonged Detention
Upon government’s unopposed motion, court vacated its June 2016 decision as moot. (Sopo v. Att'y Gen., 5/17/18)
CA8 Rules That Violation of Minn. Third Degree Sex Abuse Statute Is Aggravated Felony
Upholding BIA’s denial of asylum, the court held the law criminalizing sex with 13- to 16-year-old by someone more than two years older qualifies as aggravated felony and was properly applied to 18-year-old who had sex with his 15-year-old girlfriend. (Garcia-Urbano v. Sessions, 5/17/18)
BIA Upholds Finding that Respondent Acquired Citizenship
Unpublished BIA decision upholds finding that respondent acquired citizenship under INA §309(a) because father acknowledged paternity before she turned 18 by listing her as his daughter in affidavit of support. (Matter of Feliz-Valles, 5/17/18)
BIA Summarily Dismisses DHS Appeal for Failure to File Brief
Unpublished BIA decision summarily dismisses DHS appeal because notice to appeal didn't meaningfully apprise BIA of grounds for appeal and DHS didn't submit a separate brief in support of appeal despite indicating it would. Special thanks to IRAC. (Matter of Moreira-Quintanilla, 5/17/18)
S. 2849: DONE Act
On 5/15/18, Senator Kamala Harris (D-CA) introduced the Detention Oversight, Not Expansion Act, or the DONE Act, to prohibit the expansion of immigration detention facilities and improve the oversight of such facilities.
CA5 Holds That Texas Statute on Online Solicitation of a Minor is Overbroad in Light of Esquivel-Quintana
The court found that the Supreme Court’s decision in Esquivel-Quintana v. Sessions established an age requirement that rendered the Texas statute under which the petitioner was convicted of online solicitation of a minor overbroad. (Shroff v. Sessions, 5/15/18)
CA8 Finds Petitioner’s North Dakota Conviction for Unlawful Entry into a Vehicle to Be an Aggravated Felony
The court held that the petitioner’s North Dakota conviction for unlawful entry into a vehicle was an aggravated felony under INA §101(a)(43)(U) because the unlawful entry was a substantial step toward committing a theft. (Ahmed v. Sessions, 5/15/18)
Sign-On Letter to Special Rapporteur González Morales on Violations of International Law at Immigration Detention Facilities
On 5/15/18, AILA joined 70 other human rights and immigrant’s rights organizations across the U.S. to address violations of international law at the Stewart Detention Center and the Irwin County Detention Center in Georgia and to call for coordinated site visits and international condemnation.
H.R. 5820: DONE Act
On 5/15/18, Representative Pramila Jayapal (D-WA) introduced the Detention Oversight, Not Expansion Act, or the DONE Act, to prohibit the expansion of immigration detention facilities, to improve the oversight of such facilities. This is the House companion bill of the Senate DONE Act (S. 2849).
BIA Reopens Proceedings Sua Sponte for Longtime TPS Holder to Adjust Status
Unpublished BIA decision reopens proceedings sua sponte for respondent who was granted TPS in 1999 and became the beneficiary of an approved visa petition in 2017. Special thanks to IRAC. (Matter of Romero, 5/15/18)
BIA Reopens Proceedings for U Visa Applicant to Seek Waiver of Inadmissibility
Unpublished BIA decision reopens proceedings for U visa applicant to seek waiver of inadmissibility in light of intervening decision in Baez-Sanchez v. Sessions, 872 F.3d 854 (7th Cir. 2017). Special thanks to IRAC. (Matter of Moreno-Zaldivar, 5/15/18)
AILA Minutes from Joint Liaison Meeting with ICE HSI and DOJ IER (5/14/18)
Unofficial minutes from the 5/14/18 meeting between the AILA Verification and Documentation Liaison Committee, ICE HSI, and DOJ IER. Topics include fine calculations, electronic I-9s and I-9 inspections, document requests from employers, E-Verify, TPS, technical assistance letters, and more.