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 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)
BIA Finds DHS Failed to Properly Authenticate Form I-213
Unpublished BIA decision vacates finding that respondent was present without being admitted or paroled because DHS failed to properly authenticate the Form I-213 used to establish alienage. Special thanks to IRAC. (Matter of Reyes, 1/26/18)
BIA Finds Failure to Meet Filing Deadline Constitutes Ineffective Assistance On Its Face
Unpublished BIA decision holds that prior attorney’s failure to submit application by court-imposed deadline was ineffective assistance on its face, reopening proceedings despite failure to comply with Matter of Lozada. Special thanks to IRAC. (Matter of Cortes-Reyes, 1/26/18)
Unpublished BIA Decision on Proper Authentication of Form I-213
In an unpublished decision, the BIA remanded the case, disagreeing with the Immigration Judge’s conclusion that the Form I-213 was properly authenticated and stating that “the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.
CA1 Upholds Denial of Asylum Due to Failure to Show Membership in a Cognizable Social Group
The court denied the petition for review, finding that the petitioner’s proffered social group was insufficiently particular and also failed the social distinctiveness requirement. (Perez-Rabanales v. Sessions, 1/26/18)
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)
BIA Finds LPR Who Involuntarily Reentered U.S. Without Inspection Was Not Seeking Admission
Unpublished BIA decision holds that returning LPR was not properly regarded as an applicant for admission because he was fleeing for his life from a drug cartel in Mexico when he illegally reentered the country. Special thanks to IRAC. (Matter of I-C-B-, 1/25/18)
DHS OIG Report Finding ICE’s Training Model Needs Further Evaluation
DHS OIG issued a report, proposing that ICE reorganize and decentralize basic and advanced ICE training program, six months after ICE created a centralized training program. ICE did not concur with the recommendation.
Immigration Law Advisor, Winter 2017-2018 (Vol. 11, No. 7)
The Winter 2017-2018 issue of Immigration Law Advisory includes an article on the Cuban Adjustment Act of 1966, as well as summaries of recent circuit court decisions and BIA precedent decisions.
White House Releases Its Framework on Immigration Reform and Border Security
The White House released its “framework on immigration reform and border security,” including reforms on border security, DACA legalization, and changes to family-based immigration.
White House Appeals to Nativist Base with Anti-Immigrant Proposal
AILA denounced the latest iteration of the Trump administration’s proposal on immigration as destructive and untenable.
BIA Holds Utah Sexual Battery Not a CIMT
Unpublished BIA decision holds that sexual battery under Utah Code section 76-9-702(3) is not a CIMT because it is a general intent offense for which no harm or evil intent is required. Special thanks to IRAC. (Matter of V-C-, 1/24/18)
CA7 Holds That IJ and BIA Did Not Err in Applying “Substantial Risk of Torture” Standard for Eligibility for CAT Relief
The court denied the petition for review, finding that in asking whether the petitioner faced a “substantial risk of torture,” the IJ and the BIA did not misunderstand the burden an individual faces when seeking relief under the Convention Against Torture. (Perez-Montes v. Sessions, 1/24/18)
AILA Notes from SCOPS Teleconference (1/24/18)
AILA notes from a teleconference with SCOPS on 1/24/18. Topics include prima facie determination for U visa applicants, I-765 processing delays, I-130s, CSPA, 204(l) humanitarian reinstatement, and H-1B filings. An updated SCOPS organizational chart is also included.
BIA Vacates Bond Decision Based on Allegations in Police Report
Unpublished BIA decision reverses IJ determination that respondent was danger to community, stating that it accords little weight to conduct described in police documents that is neither prosecuted criminally nor independently corroborated. Special thanks to IRAC. (Matter of A-B-L-, 1/23/18)
CA5 Holds That Petitioner’s PTSD Did Not Have to Be Considered in Determining His Credibility
The court denied the petition for review, holding that Matter of J-R-R-A- did not apply despite the petitioner’s PTSD diagnosis and deferring to the determinations of the IJ and the BIA that his testimony was not credible. (Singh v. Sessions, 1/23/18)
TRAC Report: Hot Spots with Highest Growth in Immigration Court Backlog
TRAC data showed that the U.S. county with the fastest growing number of residents with pending immigration court cases is Mecklenburg Country, NC. The national backlog reached an all-time high of 667,839 at the end of December 2017.
BIA Equitably Tolls Motion to Reopen Deadline
Unpublished BIA decision equitably tolls deadline for motion to reopen where respondent was suffering from undiagnosed medical condition while in detention and was unable to obtain record from immigration court. Special thanks to IRAC. (Matter of A-A-B-, 1/22/18)
Another Bipartisan Failure to Protect Dreamers
AILA issued a statement about how “Congress, both Republicans and Democrats, once again let politics take precedence over the lives of real people, and has squandered another opportunity to protect Dreamers.”
BIA Finds Terrorizing Statute Not a CIMT
Unpublished BIA decision holds that terrorizing under Guam Code Ann. 19.60(a) is not a CIMT because the victim is not required to actually experience fear. Special thanks to IRAC. (Matter of Eidaro, 1/19/18)
BIA Orders Further Consideration of Request for Continuance for U Visa Applicant
Unpublished BIA decision remands for further consideration of request for continuance pending U visa application adjudication where respondent was no longer detained and IJ didn’t consider likelihood application would be granted. Special thanks to IRAC. (Matter of Munoz-Pocasangre, 1/19/18)
Fearless Litigation: Access to Counsel (January 2018)
Russell Abrutyn sits down with Linton Joaquin to discuss access to counsel issues. Learn about the ground-breaking Orantes injunction and how it protected the access to counsel of the class members. The lessons to be learned from this litigation continue to be relevant today.