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
Senators Urge Senate Majority Leader to Bring Dream Act to the Senate Floor
On 11/21/17, Senator Catherine Cortez Masto (D-NV) along with ten senators urged Senate Majority Leader Mitch McConnell (R-KY) to bring the bipartisan Dream Act (S. 1615) to the Senate floor for consideration before the holidays.
BIA Holds Georgia Theft by Shoplifting Is Not a CIMT
Unpublished BIA decision holds that theft by shoplifting under Georgia Code Ann. 16-8-14 is not a CIMT because it does not require the owner’s property rights to be permanently or substantially eroded. Special thanks to IRAC. (Matter of H-J-C-, 11/20/17)
Preview of Free On-Demand Webinar on Bond Hearings
The AILA/American Immigration Council’s Immigration Justice Campaign and the Rocky Mountain Immigrant Advocacy Network (RMIAN) have produced a bond hearings webinar that is designed particularly for attorneys who are new to these proceedings.
BIA Says Whether Violation of a Protection Order Renders a Noncitizen Removable Is Not Governed by the Categorical Approach
The BIA held that in considering whether a violation of a protection order renders a noncitizen removable, an IJ should consider the probative and reliable evidence regarding what a state court has determined about the violation. Matter of Obshatko, 27 I&N Dec. 173 (BIA 2017)
CA6 Grants CAT Relief to Woman Who Would Be Subject to an “Honor Killing” or “Protective Custody” in Jordan
The court granted the petition for review of the BIA’s denial of relief under the CAT, holding that the BIA erred in concluding that the petitioner failed to establish that it was more likely than not that she would be tortured upon removal to Jordan. (Kamar v. Sessions, 11/17/17)
AILA Policy Brief: How Dreamer Protection Bills Measure Up
AILA Policy Brief comparing the leading bills that have been introduced to protect Dreamers, including the Dream Act (S. 1615 and H.R. 3440), the American Hope Act (H.R. 3591), the Recognizing America’s Children Act (H.R. 1468), and the SUCCEED Act (S.1852).
District Court Issues Preliminary Injunction in Favor of Asylum Seekers at Buffalo Federal Detention Center
A district court issued a preliminary injunction requiring the Buffalo Federal Detention Center to comply with a 2009 ICE directive on evaluating parole requests for asylum seekers and to provide asylum seekers detained for six months or more with bond hearings. (Abdi v. Duke, 11/17/17)
CA9 Finds Petitioner’s Conviction for Felony Hit and Run in California to be a CIMT
The court denied the petition for review, applying the modified categorical approach to conclude that the petitioner’s conviction for felony hit and run under California Vehicle Code §20001(a) was a crime involving moral turpitude (CIMT). (Conejo-Bravo v. Sessions, 11/17/17)
BIA Holds New York Second Degree Burglary Is Not an Aggravated Felony
Unpublished BIA decision holds that second-degree burglary under N.Y.P.L. 140.25(2) is not an aggravated felony burglary offense because it does not require an unlawful entry. Special thanks to IRAC. (Matter of G-A-A-M-, 11/17/17)
BIA Finds IJs Violated Due Process Rights of Pro Se Asylum Seeker
Unpublished BIA decision finds pro se asylum seeker was denied fair hearing where IJ scheduled merits hearing two weeks after submission of application and denied continuance for additional time to secure counsel and corroborating evidence. Special thanks to IRAC. (Matter of E-C-Q-, 11/17/17)
Video: AILA Urges Congress to Pass the Dream Act
On Tuesday, November 14, as more than 150 AILA members across the country met with congressional offices to urge them to pass a clean Dream Act, AILA members and staff met with Congressman Hoyer in DC. AILA's Executive Director shares why this movement is so important.
USCIS Provides Guidance on DACA Renewal Requests Affected by Mail Service Issues
USCIS stated that it will accept DACA renewal requests from individuals who resubmit their requests with individualized proof that the cause for receipt after the 10/5/17 deadline was the result of USPS mail service error. USCIS will also contact requestors who timely filed but were rejected.
Senators Urge DHS to Allow Resubmission of DACA Renewal Applications Received Past Deadline
On 11/15/17, 24 Senators wrote to Acting DHS Secretary Elaine Duke to express their concern that DHS had rejected DACA renewal applications received after the deadline due to USPS processing delays. The Senators urged that DHS reverse its decision and allow individuals to resubmit applications.
BIA Reverses Denial of Cancellation Where IJ Relied on Gang Allegation in Police Report
Unpublished BIA decision reverses discretionary denial of cancellation application where IJ placed undue weight on unsourced allegation in police report that respondent was an active gang member. Special thanks to IRAC. (Matter of V-A-C-, 11/15/17)
Former National Security Leaders Urge Congress to Pass the Dream Act
On 11/14/17, a group of former national security leaders from both parties urged congressional leaders to pass the bipartisan, bicameral Dream Act by 12/8/17. The group highlighted the urgent need to protect Dreamers serving in the Armed Forces and recruits waiting to start boot camp.
CA10 Finds Petitioner’s Prior Colorado Theft Conviction Was a CIMT Rendering Him Ineligible for Cancellation of Removal
The court denied the petition for review, upholding the BIA’s determination that petitioner had not shown that he was eligible for cancellation of removal, and concluding the IJ did not deprive him of due process by refusing to recuse from hearing his case. (Lucio-Rayos v. Sessions, 11/14/17)
AILA Minutes from Joint Liaison Meeting with ICE HSI and DOJ IER (11/14/17)
Unofficial minutes from the 11/14/17 meeting between the AILA Verification and Documentation Liaison Committee, ICE Homeland Security Investigations (HSI), and DOJ Immigrant and Employee Rights (IER) Section. Topics include electronic I-9s, DACA recipients, E-Verify and more.
National ICE Council Sends Letter to President Trump on Gross Mismanagement
National ICE Council President Chris Crane sent letter to President Trump asking him to “step in to assist the men and women of ICE in our efforts to eliminate corruption and gross mismanagement within the Agency.”
Manufacturers Call on Congress to Protect DACA Recipients
On 11/13/17, the National Association of Manufacturers, along with over 30 organizations from the manufacturing industry from around the country, urged Congress to pass legislation to assure DACA recipients that their future is safe.
BIA Holds Oklahoma Statute Not a Firearms Offense
Unpublished BIA decision holds that carrying a firearm while under the influence of alcohol under Okla. Stat. tit. 21 §1289.9 was not a firearms offense because it contained no exception for antique firearms. Special thanks to IRAC. (Matter of Martinez-Guzman, 11/13/17)
Getting Through the Reinstatement Maze
It often seems like the deck is stacked against our clients, particularly when the government uses tools like reinstatement of removal that are complex to defend against. Reinstatement sounds simple, but in practice the government can mistakenly apply it or fail to ensure safeguards are taken to pr
A Profile of Current DACA Recipients by Education, Industry, and Occupation
The Migration Policy Institute provides a fact sheet that examines predicted DACA expirations, as well as offers estimates for the educational and workforce characteristics of the nearly 690,000 current DACA holders.
Fearless Lawyering: Winning Strategies – A View from the Bench
Listen to this recording from the 2017 California Chapters Conference where recently retired immigration judges offer their perspectives to help lawyers successfully navigate some of the thornier issues that can arise in immigration court and be the best advocates for their clients.
Border Patrol Arrests Former DACA Recipient
CBP announced that the El Centro Sector Border Patrol arrested a 23-year-old man, who according to CBP, is a Mexican citizen who was previously removed after he was arrested attempting to illegally enter the United States. He was booked pending charges of re-entry after removal.
CA5 Rejects Lack of Notice and Due Process Claims Where Petitioner Failed to Provide DHS with Current Mailing Address
The court held that the BIA did not abuse its discretion in dismissing the petition for review and declining to administratively close the case, and that it lacked jurisdiction to review the BIA's refusal to reopen proceedings sua sponte. (Hernandez-Castillo v. Sessions, 11/8/17)