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
CA9 Denies Petitioner’s Due Process Claim Based on Denial of Counsel During Administrative Removal Proceedings
The court held that the petitioner’s due process claim based on denial of the right to counsel during his initial interaction with DHS during administrative removal proceedings failed because he made no showing of prejudice. (Gomez-Velazco v. Sessions, 1/10/18)
ICE Releases Directive on Civil Immigration Enforcement Actions Inside Courthouses
ICE publishes its policy on civil immigration enforcement actions inside federal, state, and local courthouses, stating that this activity is “wholly consistent with longstanding law enforcement practices, nationwide…. often necessitated by the unwillingness of jurisdictions to cooperate with ICE….”
Justice Department Secures First Denaturalization As a Result of Operation Janus
As part of Operation Janus, DOJ announced that a judge revoked the naturalized U.S. citizenship and canceling a Certificate of Naturalization for Baljinder Singh. Singh’s immigration status reverted to lawful permanent resident, rendering him potentially subject to removal proceedings.
AILA Policy Brief: Why Congress Must Act Now to Protect Dreamers
This policy brief outlines some of the major reasons why Congress must pass a permanent legislation solution for Dreamers immediately.
BIA Holds California Child Endangerment Statute Is Not a CIMT
Unpublished BIA decision holds Cal. Penal Code 273a(b) not a CIMT because it only requires defendants to act with negligence in placing child in a situation where health may be endangered. Special thanks to IRAC. (Matter of I-A-, 1/9/18)
BIA Reverses Finding That Respondent Trafficked in Controlled Substances
Unpublished BIA decision finds no reason to believe respondent was trafficker in controlled substances when she pleaded guilty only to simple possession and faced no other charges after authorities found large quantities of marijuana at home. Special thanks to IRAC. (Matter of Davey, 1/9/18)
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 1/1/18 and ending 3/31/18, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 1.24 per centum per annum. (83 FR 966, 1/8/18)
TRAC Report: Serious Criminal Immigration Convictions Still Infrequent Under Trump
TRAC reports that DOJ’s data shows 4,758 new immigration convictions during November 2017, down 5.3% from October 2017. Only 12.1% of the November 2017 convictions involved a prison term of one year or more, down 10% from the level one year ago and down 41.1% from the level five years ago.
CA7 Denies Motion for Stay of Removal for Bisexual Citizen of Jamaica
The court denied the petitioner’s motion for a stay of removal pending the court’s consideration of his petition for review because the BIA’s decision on a motion to reopen “is discretionary and unreviewable.” (Fuller v. Sessions, 1/8/18)
BIA Holds Aggravated Felony Bar in 212(h) Does Not Apply to Refugees Who Adjusted Status
Unpublished BIA decision holds that respondent was not “admitted” as an LPR when he adjusted from refugee status and states that it is not bound by contrary Eighth Circuit decision. Special thanks to IRAC. (Matter of S-N-, 1/8/18)
DHS OIG Report Finds ICE Faces Challenges to Screening Foreign Nationals
The DHS OIG issued a report, finding that ICE faces challenges when screening foreign nationals who may be known or suspected terrorists in ICE custody or supervision. DHS OIG made four recommendations to help ICE improve oversight and internal controls.
CA9 Terminates Removal Proceedings Against Petitioner Convicted of Drug Conspiracy in Nevada
The court granted the petition for review and terminated the removal proceedings against the petitioner, holding that Nevada Revised Statutes §199.480 and §454.351 are not categorical matches to the generic federal statutes. (Villavicencio v. Sessions, 1/5/18)
BIA Finds Failure to Comply With Sexual Registration Requirements Is Not a CIMT
Unpublished BIA decision holds failure to comply with sexual registration requirements under Tex. Code Crim. Proc. 62.102 is not a CIMT because defendants need only act in reckless manner and need not be informed of the requirements. Special thanks to IRAC. (Matter of Paez Juarez, 1/5/18)
TRAC Reports Immigration Court Backlog Tops 650,000 Cases
During the first two months of FY2018, the number of pending immigration court cases reached 658,728. Despite the hiring of additional IJs, the backlog shows no signs of slackening, and the rate of growth in the first two months of FY2018 was greater than the pace of growth during FY2017.
AG Refers BIA Decision to Himself for Review of Issues Relating to Administrative Closure
The AG referred the BIA’s decision to himself for review of issues related to whether IJs and the BIA have the authority to order administrative closure in immigration proceedings. Interested amici may submit briefs by 2/16/18. Matter of Castro-Tum, 27 I&N Dec. 187 (A.G. 2018)
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 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.
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.
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)