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
Former DHS Secretaries Write Letter to Congress in Favor of Dreamers
Former DHS Secretaries Michael Chertoff, Janet Napolitano, and Jeh Johnson wrote a letter to ranking members of Congress urging a bipartisan legislative effort in favor of Dreamers and a new USCIS application process.
CA9 Finds That BIA Abused Its Discretion in Mental Competency Evaluation
The court granted the petition for review, finding that the BIA abused its discretion in affirming the IJ’s evaluation of the respondent’s mental competency. Courtesy of Taiyyeba Skomra. (Calderon-Rodriguez v. Sessions, 1/3/18)
BIA Holds Georgia Theft By Shoplifting Is Not an Aggravated Felony
Unpublished BIA decision holds that theft by shoplifting under Ga. Code Ann. 16-8-14 is not an aggravated felony theft offense because it prohibits the appropriation of property for one’s own use. Special thanks to IRAC. (Matter of Gonzalez-Velasquez, 1/3/18)
BIA Finds IJ Acted In Improperly Hostile Manner Toward Respondent’s Attorney
Unpublished BIA decision grants new hearing where IJ went off the record and was alleged to have screamed at the respondent’s attorney, mimicked her voice, and called her several disrespectful names. Special thanks to IRAC. (Matter of E-D-M-, 1/2/18)
BIA Sustains DHS Appeal and Vacates Grant of Cancellation of Removal
In an unpublished decision, the BIA found that the respondent’s criminal history, including a 2012 driving while intoxicated conviction, did not establish the good moral character required for cancellation of removal. (Matter of Castillo-Perez, 1/2/18)
EOIR Fact Sheet on Observing Immigration Court Hearings
EOIR issued a fact sheet on observing immigration court hearings, including when a hearing is closed and procedures for observation.
EOIR Issues Fact Sheet on the Institutional Hearing Program
EOIR issued a fact sheet on the Institutional Hearing Program, which is coordinated between EOIR and the Bureau of Prisons and ICE, where ICE identified federal inmates who may be removable from the United States and initiates their removal proceedings before an immigration judge.
Practice Advisory: Immigration Risks of Legalized Marijuana
The Immigrant Legal Resource Center (ILRC) provides a practice advisory on the immigration risks of legalized marijuana and reviews the laws and key defense strategies. Immigration law treats any marijuana-related activity as a crime, with harsh penalties, even if it is permitted under state law.
BIA Orders Bond Hearing for Respondent in Withholding-Only Proceedings
Unpublished BIA decision holds that the respondent, who was detained pursuant to INA §241(a)(6), was entitled to a bond hearing after 180 days, even though he was in withholding-only proceedings. Courtesy of Ben Winograd. (Matter of J-F-E-, 12/29/17)
BIA Says DHS Is Not Precluded by Res Judicata from Initiating Separate Proceedings
The BIA held that DHS is not precluded by res judicata from initiating separate removal proceedings under INA §101(a)(43)(G) based on the same conviction that supported a crime of violence aggravated felony charge under §101(a)(43)(F). Matter of Jasso Arangure, 27 I&N Dec. 178 (BIA 2017)
BIA Holds Florida Grant Theft Is Not a CIMT
Unpublished BIA decision holds that grand theft under Fla. Stat. 812.014(2)(c)(ii) is not a CIMT because it encompasses temporary takings and DHS failed to demonstrate that the statute was divisible. Special thanks to IRAC. (Matter of Similien, 12/29/17)
BIA Holds Iowa Drug Schedules Are Overbroad and Indivisible
Unpublished BIA decision holds possession of controlled substance under Iowa Code 124.401(5) is not a controlled substance offense because state drug schedule is overbroad and identity of the substance is not an element. Special thanks to IRAC. (Matter of Moreno-Gallegos, 12/29/17)
BIA Holds California Vandalism Statute Is Not a CIMT
Unpublished BIA decision holds that vandalism under Cal. Penal Code 594(a) is not a CIMT and statute is not divisible. Special thanks to IRAC. (Matter of J-G-F-, 12/29/17)
Practice Alert: USCIS Guidance on DACA Renewal Filings Impacted by USPS Delays and USCIS Pick-Up Errors
AILA updated its practice alert regarding USCIS guidance on rejected DACA applications. Please note that USCIS has confirmed with AILA that letters have been sent for all cases impacted by USCIS pick-up errors, though USCIS has not confirmed the same for applications affected by USPS delays.
BIA Equitably Tolls Motion to Reopen Deadline By More Than a Decade
Unpublished BIA decision equitably tolls motion to reopen deadline for respondent ordered removed in 2003 because he pursued his rights with reasonable diligence in 2014 after learning of a favorable Supreme Court decision. Special thanks to IRAC. (Matter of Lugo-Resendez, 12/28/17)
USCIS Provides Guidance and FAQs on Rejected DACA Requests
USCIS provided guidance and FAQs on DACA requests delivered by the filing deadline but not officially “ received” by USCIS. USCIS contacted individuals and they have 33 days from the date of the letter to resubmit the request. USCIS included information on other types of mail issues as well.
DHS Releases a Privacy Impact Assessment Update on ICE’s Use of License Plate Readers
DHS released a privacy impact assessment update explaining ICE’s operational use of a commercial License Plate Reader data service that stores recorded vehicle license plate data and describers the privacy and civil liberties protections that have been implemented by the agency and the vendor.
CA9 Affirms District Court’s Preliminary Injunction Ordering CBP to Improve Conditions in Holding Cells
The court affirmed the preliminary injunction issued on 11/18/16 by the U.S. District Court for the District of Arizona that ordered CBP to take certain steps to improve conditions in its holding facilities within the Tucson Sector. (Doe v. Kelly, 12/22/17)
CA1 Denies Petition for Review, Finding No Plausible Claim of Legal Error
The court denied the petition for review where the IJ had previously found that the petitioner’s testimony was insufficient to support her claim that she entered into her marriage in good faith, finding no plausible claim of legal error. (Gaitu v. Sessions, 12/22/17)
CA2 Finds No Federal Subject-Matter Jurisdiction Over Petitioner’s APA Claim
The court found that there was no basis for federal subject-matter jurisdiction over the petitioner’s Administrative Procedure Act (APA) claim challenging USCIS’s denial of jurisdiction over his adjustment of status application. (Singh v. USCIS, 12/22/17)
Congress Leaves Without Passing Dream Act, Jeopardizing the Lives of Thousands
AILA is deeply disappointed by Congress’ failure to pass the Dream Act before the December holidays and calls on Congress and the President to grant Dreamers permanent legal status as soon as possible in 2018.
AILA Quicktake #227: Congress Passes Spending Bill
AILA Director of Government Relations Greg Chen breaks down the December 21st Congressional vote to fund the government until mid-January and shares how AILA will keep fighting for the Dream Act.
DOJ and DHS Release Data on Incarcerated Individuals for the Fourth Quarter of FY2017
Per EO 13768, DOJ and DHS released the FY2017 fourth quarter “Alien Incarceration Report.” The report found that more than one-in-five of all persons in Bureau of Prisons custody were foreign born and that 94 percent of confirmed foreign nationals in custody were unlawfully present.
DHS and DOJ Release Data on Foreign Nationals Incarcerated During the Fourth Quarter of FY2017
DHS and DOJ released a report with data on foreign nationals incarcerated under the supervision of the Bureau of Prisons and the United States Marshals Service for the fourth quarter of FY2017. A total of 58,766 known or suspected foreign nationals were in in DOJ custody at the end of FY2017.
U.S. Commission on Civil Rights Concerned with Alleged Abusive Labor Practices at Immigration Detention Centers
The Commission calls for heightened oversight and transparency of the Voluntary Work Program within both government and privately-run detention centers.