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
CA5 Finds BIA Erred in Requiring Asylum Petitioner to Prove Past Persecution and in Recharacterizing Her Social Group
The court held that the BIA erred both in requiring the asylum petitioner to prove past persecution to establish a claim based on a well-founded fear of future persecution and in recharacterizing the petitioner’s claimed social group. (Cabrera v. Sessions, 5/7/18)
Attorney General Sessions States 100% of Illegal Southwest Border Crossings Will Be Prosecuted
Attorney General Jeff Sessions delivered remarks in San Diego, stating that DHS is referring 100 percent of illegal southwest border crossings to the DOJ for prosecution.
Texas District Court Issues Notable Order in Case of Detained Somali National
The court issued an order stating that the immigration court must conduct a merits hearing no later than 8/10/18 and that the government stipulated to the petitioner’s eligibility to apply for cancellation of removal. Courtesy of Geoffrey Hoffman. (Mohamed v. Nielsen, 5/7/18)
Former Chairman of the BIA Paul W. Schmidt’s Speech to ABA Commission on Immigration
In a blog post from May 4, 2018, former BIA Chairman and retired immigration judge Paul W. Schmidt shares the speech he delivered during the ABA Commission on Immigration’s panel discussion, Evaluating the Immigration Court System: Balancing Efficiency and Due Process.
BIA Holds Utah Lewdness Offense Not Sexual Abuse of a Minor
Unpublished BIA decision holds that lewdness involving a child under Utah Code Ann. 76-9-702.5 is not sexual abuse of a minor because it does not require an intent to arouse or gratify the sexual desire of any person. Special thanks to IRAC. (Matter of Nieves, 5/3/18)
Avoiding Disciplinary Action for Requesting Multiple Continuances in Immigration Court
Learn more about how you can avoid disciplinary complaints related to requesting multiple continuances in this ethics article. The author discusses the importance of putting your client first and showing your work, surveying your caseload, and keeping ethical rules in mind.
CA7 Finds Petitioner Did Not Submit Sufficient Evidence of Changed Country Conditions in Indonesia
The court denied the petition for review, finding that the petitioner did not submit sufficient evidence to show changed country conditions in Indonesia in order to qualify for an exception to the 90-day limit for filing a motion to reopen removal proceedings. (Yahya v. Sessions, 5/3/18)
BIA Rescinds In Absentia Order Based on Attorney’s Admission of Error
Unpublished BIA decision rescinds in absentia order based on ineffective assistance where attorney conceded that he mistakenly advised respondent not to appear and submitted bar complaint against himself. Special thanks to IRAC. (Matter of Cortez Avalos, 5/2/18)
CA9 Holds BIA’s Interpretation of Physical Presence Requirement for NACARA Cancellation to Be Reasonable
The court held that the BIA’s interpretation of the 10-year physical presence requirement for NACARA cancellation of removal for applicants inadmissible on certain criminal grounds as running from the most recent disqualifying conviction was reasonable. (Campos-Hernandez v. Sessions, 5/2/18)
CA4 Holds Individuals Subject to Reinstatement of Removal May Not Apply for Asylum, Even If Changed Circumstances Exist
The court denied the petition for review, holding that an individual subject to a reinstated order of removal may not apply for asylum, even when the factual basis for the asylum claim did not exist prior to the original removal. (Lara-Aguilar v. Sessions, 5/2/18)
CA7 Holds BIA Erred By Failing to Adequately Consider Petitioner’s Near-Escapes from MS-13 in Deferral of Removal Case
The court held that in dismissing the petitioner’s appeal from the IJ’s decision denying his application for deferral of removal under the Convention Against Torture, the BIA erred by failing to make an adequate inquiry into his near-escapes from the MS-13 gang. (Perez v. Sessions, 5/2/18)
DOJ Announces Additional Prosecutors and Immigration Judges For Southwest Border Crisis
DOJ announced additional prosecutors to handle prosecutions of improper entry, illegal reentry, and smuggling cases, and additional IJs to handle the adjudication of immigration court cases. Thirty-five new Assistant United States Attorney positions have been allocated along the Southwest border.
NAIJ Letter to AG Sessions on Misunderstandings about IJ Quotas
NAIJ letter to AG Sessions after his 4/26/18 testimony before the House Appropriations Committee. Letter explains that NAIJ did not agree to the imposition of performance metrics and explains that under the current system, an immigration judge could be fired for failure to meet the quota.
BIA Dismisses Charges of Removability Based on Minnesota Stalking Conviction
Unpublished BIA decision holds that that stalking under Minn. Stat. 609.749.4(a) is neither CIMT nor a stalking offense under the INA. Special thanks to IRAC. (Matter of Shaban, 5/1/18)
AILA Submits Amicus Brief on Availability of Continuances Sufficient to Pursue Relief
AILA submitted an amicus brief summarizing the circumstances that exist for an Immigration Judge to grant a continuance for a collateral matter to be adjudicated.
Revving Up the Deportation Machinery: Enforcement under Trump and the Pushback
The Migration Policy Institute released a study finding that arrests and deportations are up but that the intersection of federal immigration enforcement with state and local criminal justice systems is being throttled by state and local policies that limit cooperation with ICE.
CLINIC Provides a Practitioner’s Guide to Obtaining Release From Immigration Detention
Catholic Legal Immigration Network (CLINIC) issued a guide to provide practitioners with a comprehensive resource for representing clients in immigration bond proceedings focusing on bond hearings for adults who are detained by DHS.
EOIR Released Statistics on Motions to Reopen
EOIR released statistics on motions to reopen from FY2008 through FY2018. As of 3/31/18, there were 17,600 motions to reopen filed in immigration courts and 3,138 filed in the BIA.
EOIR Released Current Median UAC Case Pending Time for FY2018
EOIR released the current median unaccompanied child (UAC) median non-detained case pending time. For FY2018, as of 3/31/18, the median time was 484 days. This includes UACs that were never detained and those released from detention.
EOIR Released Percentage of Detained Cases Completed Within Six Months for FY2018
EOIR released statistics on the percentage of detained cases completed within six months. As of 3/31/18, 89 percent of initial case completions were completed in less than six months.
TRAC Finds ICE Issues 14,000 Detainers Each Month But Number Honored Is Unclear
TRAC released a report with data from ICE through November 2017, that revealed that ICE issued 14,000 new detainers on average each month. The number jumped sharply after President Trump assumed office and stabilized since March 2017. The accuracy of ICE records on refusals is questionable.
EOIR Releases Circuit Court Case Law Summaries on Assessing Evidentiary Weight
Obtained via FOIA by Hoppock Law Firm, EOIR released a 2018 Legal Training Program document with circuit court case law summaries on assessing evidentiary weight, including general issues and issues with government reports and affidavits or personal statements. Special thanks to Matthew Hoppock.
EOIR Releases Circuit Court Case Law Summaries on Reliability of Government Documents
Obtained via FOIA by Hoppock Law Firm, EOIR released a 2018 Legal Training Program document with circuit court case law summaries on the reliability of government documents. Special thanks to Matthew Hoppock.
BIA Grants Interlocutory Appeals and Changes Venue for Detained Respondent
Unpublished BIA decision grants interlocutory appeal and changes venue from Imperial to San Francisco, stating that IJ incorrectly asserted that he lacked authority to change venue for a detained respondent. Special thanks to IRAC. (Matter of Mendoza, 4/27/18)
BIA Sustains DHS Appeal and Vacates IJ’s Grant of Asylum
The BIA found that DHS has the authority to file a motion to reconsider in Immigration Court and that an applicant in withholding of removal only proceedings subject to a reinstated order of removal pursuant to §241(a)(5) is ineligible for asylum. Matter of L-M-P-, 27 I&N Dec. 265 (BIA 2018)