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
CA6 Remands, Holds BIA Denial of MTR Based on Changed Country Conditions Was Not Harmless Error
The court found BIA summarily decided evidence was insufficient and, thus, failed to articulate a reasonable basis for the denial on which the court could give meaningful review; it held such cursory and conclusory decisions were arbitrary. (Precetaj v. Sessions, 10/24/18)
AILA ICE Liaison Committee Meeting Q&As (10/23/18)
Official Q&As from the 10/23/18 AILA liaison meeting with ICE. Topics include staffing and organizational updates, NTAs and scheduling of immigration court hearings, recalendaring cases, arrests at USCIS and EOIR facilities, unaccompanied minors, and stays of removal.
Democratic Senators Request Information on ICE’s Violation of Congressional Requirements
On 10/22/18, Senator Tom Udall (D-NM), a member of the Senate Appropriations Committee, led a letter to ICE Acting Director expressing concerns and information about the agency’s failure to comply with reporting requirements from FY2018 DHS Appropriations bill and ICE’s patter of overspending.
BIA Holds Connecticut Larceny Not an Aggravated Felony Theft Offense
Unpublished BIA decision holds that offenses incorporating the definition of “larceny” in Conn. Gen. Stat. 53a-119 are not aggravated felonies because they encompass fraud-based offenses. Special thanks to IRAC. (Matter of Luzardo, 10/22/18)
CA5 Holds §212(a)(2)(A)(i)(II) Impermissibly Retroactive When Drug Was Added to Federal Schedule Between Dates of Commission and Conviction
The court found addition of AB-CHMINACA to federal schedule after arrest but before conviction was not controlled substance at time of offense as it’s addition could not overcome presumption against retroactivity. (Lopez Ventura v. Sessions, 10/19/18)
Terrible and Terrifying: Marriage Interviews Become Another Cog in the Deportation Machine
AILA Executive Director Ben Johnson highlights the growing number of cases where ICE seizes people during the marriage interview component of their immigration application process, an interview required to pursue the legal status which would protect them.
AILA DOS Liaison Q&As (10/18/18)
DOS provided responses to AILA/DOS Liaison Q&As from a 10/18/18 meeting. Topics include: Presidential Proclamation 9645 waivers and exceptions, public charge issues, affidavits of support and joint sponsors, LegalNet’s scope of review, the visa bulletin, credit card payments in Mexico, and more.
Advocates File Class Action Lawsuit Challenging Detention of Vietnamese Immigrants
Resources related to four Vietnamese refugees, whose families fled Vietnam before 1995, and filed a habeas corpus class action petition and class action complaint for declaratory and injunctive relief challenging ICE detention.
CA11 Construes MTR as Statutory Not Sua Sponte, and Holds IJ/BIA Abused Discretion by Relying on Irrelevant Factors
In an unpublished decision, the court held it had jurisdiction because it met §240(c) requirements as statutory MTR; concluded IJ/BIA arbitrarily relied on unexplained factors and BIA failed to give reasoned consideration to petitioner’s claims. (Marquez-Martinez v. Att’y Gen., 10/17/18)
Practice Pointer: Screening TPS Beneficiaries for Other Potential Forms of Immigration Relief
AILA’s VSC Liaison Committee provides guidance for screening TPS clients for all possible forms of immigration relief, both affirmative and defensive. Practice pointer includes checklist of potential post-TPS relief.
Board of Immigration Appeals Practice Manual (10/16/18)
The Board of Immigration Appeals (BIA) provided an updated Practice Manual (last revised on October 16, 2018). This manual describes procedures, requirements, and recommendations for practice before the BIA.
CA3 Affirms BIA Removability Finding, Holds NJ Drug Distribution Statute Categorically Matches Federal Counterpart
The court held NJ “attempt” was not broader than federal “attempt” because both require a “substantial step” and treat some solicitation as attempts; it also held governing list of controlled substances is statutory list at the time of conviction. (Martinez v. Att’y Gen., 10/16/18)
BIA Holds That IJs Have Initial Jurisdiction over Asylum Applications Filed by Unaccompanied Children Who Turned 18 Before Filing
The BIA held that an immigration judge, rather than USCIS, has initial jurisdiction over an asylum application filed by a respondent who was previously determined to be an unaccompanied child but turned 18 before filing the application. Matter of M-A-C-O-, 27 I&N Dec. 477 (BIA 2018)
BIA Finds 26 U.S.C §7212(a) Does Not Involve Fraud or Deceit
Unpublished BIA decision holds that obstructing the administration of internal revenue laws under “corrupt conduct” portion of 26 U.S.C. §7212(a) does not involve fraud or deceit because it does not require misrepresentation. Special thanks to IRAC. (Matter of Ahn, 10/16/18)
Practice Pointer: Matter of A-B- and Discretion
This resource examines how practitioners should approach the issue of discretion in asylum cases following the Attorney’s General decision in Matter of A-B- and USCIS’s policy memorandum on that decision.
EOIR Announces Opening of Conroe Immigration Court
EOIR announced the opening of an immigration court in the DHS/ICE contract detention facility in Conroe, Texas. While there will no longer be an immigration court at the Houston Service Processing Center at 5520 Greens Road, EOIR will continue to operate a hearing location there.
EOIR Provides Updated Procedure for Handling Complaints Concerning Immigration Adjudicators
EOIR released an updated summary of its procedure for handling complaints concerning immigration adjudicators, including requirements and intake for formal written complaints and the offices with jurisdiction over these matters, among other things.
AG Refers Case to Himself and Invites Amicus Relating to Authority to Hold Bond Hearings
The Attorney General referred a BIA decision to himself for review of issues relating to the authority to hold bond hearings for certain individuals screened for expedited removal proceedings. Amicus briefs are due by 11/9/18. Matter of M-S-, 27 I&N Dec. 476 (A.G. 2018)
AG Withdraws Review of Decision and Remands to BIA After Respondent Was Removed
The Attorney General issued a decision, stating that he will not review the BIA determination as the respondent is no longer in the United States, and remanded the case to the BIA for any administrative action. Matter of M-G-G-, 27 I&N Dec. 469 (A.G. 2018)
BIA Finds Escalation of Threats Qualifies as Changed Circumstances
Unpublished BIA decision finds asylum applicant qualifies for changed circumstances exception based on escalating assaults on family members that also shed light on the assailants’ motives. Special thanks to IRAC. (Matter of E-R-Z-, 10/12/18)
BIA Rescinds In Absentia Order Against Respondent Who Arrived Late to Hearing
Unpublished BIA decision rescinds in absentia order against respondent who arrived 35 minutes late to hearing at new location, appeared at all hearings at prior location, and acted with diligence in seeking reopening. Special thanks to IRAC. (Matter of Martinez-Hernandez, 10/12/18)
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 10/1/18 and ending 12/31/18, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 2.08 per centum per annum. (83 FR 51567, 10/11/18)
Amnesty International Report – USA: ‘You Don’t Have Any Rights Here’
Amnesty International issued a report about the illegal pushbacks, arbitrary detention, and ill-treatment of asylum seekers in the United States that have resulted from immigration policies implemented by the Trump administration in 2017 and 2018.
CBP Office of Human Resources Management Releases Discipline Overview for FY2016–FY2017
The CBP Office of Human Resources Management released its Discipline Overview for FY2016–FY2017, with information on allegations of misconduct against CBP law enforcement personnel and actions taken in response to allegations, as well as information on arrests of CBP employees.
CBP Office of Professional Responsibility Releases Report on FY2016–FY2017
The CBP Office of Professional Responsibility (OPR) released a report for FY2016–FY2017 with an overview of the OPR, highlights of OPR activity, and information on employee misconduct and corruption statistics.