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
Discussion of EOIR's Revised Guidance on Immigration Court Cases Involving Juveniles
The Catholic Legal Immigration Network (CLINIC) along with Tahirih Justice Center responded to EOIR’s OPPM 17-03 on immigration cases involving juveniles, which rescinded and replaced OPPM 07-01. They note that OPPM 17-03 is significantly less favorable to children.
BIA Orders Respondent Detained without Bond Due to DUIs
The BIA vacated the IJ’s decision to set a $25,000 bond and ordered detention without bond, after finding that the respondent did not meet his burden to show that he was not a danger to the community due to multiple convictions for DUIs. Matter of Siniauskas, 27 I&N Dec. 207 (BIA 2018)
CA5 Partially Dismisses and Partially Denies Petition for Review of BIA’s Denial of Motion to Reopen
The court partially dismissed the petition for lack of jurisdiction and partially denied the petition, finding that the petitioner’s claim that the BIA violated his due process rights was unavailing. (Mejia v. Sessions, 2/2/18)
BIA Vacates Denial of Bond Hearing to Respondent Mistakenly Designated as Arriving Alien
Unpublished BIA decision reversed determination that IJ lacked jurisdiction over bond hearing where respondent was apprehended after entering country and was mistakenly designated an arriving alien on the NTA. Special thanks to IRAC. (Matter of A-M-Y-, 2/2/18)
BIA Reopens and Terminates Proceedings Sua Sponte Following Reduction in Drug Sentence
Unpublished BIA decision reopens and terminates proceedings sua sponte following reduction of respondent’s sentence for possession of cocaine to simple drug misdemeanor under Cal. Penal Code 1170.18(G). Special thanks to IRAC. (Matter of Gonzalez, 2/2/18)
District Court Enjoins Removal of Indonesian Christian Petitioners
The judge issued an injunction prohibiting the government from removing any of the named petitioners, with certain conditions providing for the termination of the injunction as to individual petitioners as their cases proceed through the court system. (Devitri v. Cronen, 2/1/18)
White House Principles on Immigration
AILA provides resources on the immigration principles and policies released by the White House on 10/8/17, including information on border security, interior enforcement, and the creation of a "merit-based" immigration system.
Laredo Sector Border Patrol Agents Arrest DACA Recipients
CBP announced that on 1/31/18, Border Patrol agents arrested a Mexican national identified as a recipient for the Deferred Action for Childhood Arrival program, attempting to smuggle two undocumented immigrants into the United States.
CA11 Denies Petition for Review of BIA’s Denial of Motion to Reopen
The court upheld the BIA’s decision denying the petitioner’s motion to reopen removal proceedings, finding, among other things, that he failed to exhaust his administrative remedies and that the BIA did give “reasoned consideration” to his claims. (Lin v. Attorney General, 1/31/18)
CA7 Finds Petitioner’s Indiana Conviction for Attempted Sexual Misconduct with a Minor to Be An Aggravated Felony
The court found that the petitioner’s conviction for attempted sexual misconduct with a minor under Indiana Code §35-42-4-9(a) was an aggravated felony under INA §101(a)(43)(A). (Correa-Diaz v. Sessions, 1/31/18)
USCIS Provides Approximate Number of Active DACA Recipients as of January 31, 2018
USCIS provided data on the approximate number of active DACA recipients, broken by month and year of their current DACA expiration date, as of January 31, 2018.
USCIS Provides Data on Pending DACA Applications as of January 31, 2018
USCIS provided data on the approximate number of DACA renewals pending with expired DACA and the approximate number of DACA initial applications pending, as of January 31, 2018.
USCIS Provides Data on Active DACA Recipients as of January 31, 2018
USCIS provided data on active DACA recipients as of January 31, 2018, by country of birth, by state or territory of residence, by core based statistical area, by gender, by age, and by marital status.
USCIS Provides Data on Approximate Count of DACA Receipts As of January 2018
USCIS provided data on approximate count of DACA receipts since 1/10/18, as of 1/31/18.
Border Patrol Agents Arrest DACA Recipient
CBP announced that Yuma Sector Border Patrol agents arrested a Mexican national in the Deferred Action for Childhood Arrival program, after he allegedly attempted to smuggle four other Mexican nationals into the United States on January 29, 2018.
NAIJ Letter Urging AG Sessions to Affirm Authority of IJs to Administratively Close Cases
National Association of Immigration Judges sent a letter to Attorney General Sessions in response to Matter of Castro-Tum, urging him to protect the efficient and fair adjudication of immigration court cases by affirming the authority of immigration judges to use administrative closure.
CA9 Holds That California Carjacking Is Not a Crime of Violence
The court held that a conviction for carjacking under California Penal Code §215(a) is not a crime of violence under INA §101(a)(43)(F), but remanded to the BIA on the issue of whether the petitioner’s conviction was a theft offense under §101(a)(43)(G). (Solorio-Ruiz v. Sessions, 1/29/18)
Judge Orders Immediate Release of an Immigrant Rights Activist
The District Court of the Southern District of New York granted a petition for habeas corpus and ordered that the petitioner be immediately released from custody so that he can say goodbye prior to removal. (Ragbir v. Sessions, 1/29/18)
CBP Arrests Two DACA Recipients for Involvement in Human Smuggling
CBP announced that in two separate incidents, Border Patrol agents arrested two men present in the United States under the Deferred Action for Childhood Arrivals (DACA) executive order for their involvement in human smuggling incidents in January 2018.
BIA Narrows Definition of “Admitted In Any Status” for Cancellation of Removal Purposes
The BIA held that, outside the Fifth and Ninth Circuits, to establish continuous residence after having been “admitted in any status” for cancellation of removal, an individual must be admitted in lawful immigration status. Matter of Castillo Angulo, 27 I&N Dec. 194 (BIA 2018)
CA9 Finds No Right to Court-Appointed Counsel for Minors in Immigration Proceedings
The court denied the petition for review, holding that there is no categorical right to court-appointed counsel at government expense for minors in immigration proceedings, under either the Due Process Clause or the INA. (C.J.L.G. v. Sessions, 1/29/18)
CA3 Holds That Unlawful Contact with a Minor Under 18 Pa. Cons. Stat. §6318(a)(5) is a Crime of Child Abuse
The court denied the petition for review, holding that a conviction for unlawful contact with a minor under 18 Pennsylvania Consolidated Statutes §6318(a)(5) is a crime of child abuse under INA §237(a)(2)(E)(i). (Mondragon-Gonzalez v. Attorney General, 1/29/18)
Unpublished BIA Decision on Proper Authentication of Form I-213
In an unpublished decision, the BIA remanded the case, disagreeing with the Immigration Judge’s conclusion that the Form I-213 was properly authenticated and stating that “the inherent reliability for an I-213 depends on its proper authentication.” Courtesy of Fausto Falzone.
AILA Quicktake #232: White House Immigration Proposal
AILA's Director of Government Relations Greg Chen responds to the White House immigration reform proposal that would provide a path to citizenship for some Dreamers in exchange for border wall funding and family reunification restrictions.
CA7 Upholds Decision That Petitioner from Kyrgyzstan Did Not Prove Eligibility for Asylum
The court denied the petition for review, holding that the IJ and the BIA did not err in concluding that the petitioner’s persecution was not connected to membership in a particular social group of persons associated with a particular political family. (Zhakypbaev v. Sessions, 1/26/18)