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
Practice Advisory: Prolonged Detention Challenges after Jennings v. Rodriguez
On 3/21/18, ACLU, ACLU of Southern California, and Stanford Immigrants’ Rights Clinic published a practice advisory on prolonged detention challenges after Jennings v. Rodriguez.
Congress Set to Approve Funding Deal, Leaves Dreamers Out in the Cold
With Congress set to approve billions of additional funding for immigration enforcement as part of the spending package funding the federal government through September 30, AILA President Annaluisa Padilla noted, “It is absolutely shameful that there is no solution for Dreamers in this legislation.”
CA5 Denies Petition for Review Where Defendant Failed to Raise the Issue of the Realistic Probability Test
The court found that the BIA did err in its application of the categorical approach to the petitioner’s conviction, but denied the petition for review because the petitioner failed to address the issue of the realistic probability test in his brief. (Vazquez v. Sessions, 3/21/18)
ACLU Affiliates Sends Letter to Greyhound Buses on Immigration Raids
ACLU affiliates sent a letter to Greyhound on its practice of permitting CBP agents to routinely board its buses and question passengers about their citizenship and immigration status, stating Greyhound has the right to deny CBP permission to board and search its buses without a judicial warrant.
BIA Holds That Term “Entry” Retains Pre-IIRIRA Meaning
Unpublished BIA decision holds that the term “entry” in INA §237(a)(2)(E)(i) was not affected by the passage of the IIRIRA and thus does not apply to LPRs returning from a trip abroad that was innocent, casual, and brief. Special thanks to IRAC. (Matter of Espinoza-Ramirez, 3/20/18)
CA3 Finds New Jersey Conviction for Receiving Stolen Property to Be an Aggravated Felony
The court denied the petition for review, holding that a conviction under N.J. Stat. Ann. §2C:20-7(a) for receiving stolen property is categorically an aggravated felony under INA §101(a)(43)(G). (Lewin v. Sessions, 3/20/18)
CA4 Vacates Matter of Jimenez-Cedillo
The court remanded to the BIA, holding that the BIA’s failure to provide a reasoned explanation as to why it abandoned its precedent regarding when a sexual offense against a minor is a CIMT was arbitrary and capricious. Courtesy of Ben Winograd. (Jimenez-Cedillo v. Sessions, 3/20/18)
ICE ERO/AILA South Florida Liaison Meeting Minutes (Spring 2018)
Minutes from the South Florida Chapter’s Spring 2018 meeting with the ICE ERO office.
CA10 Holds that Violation of 18 USC §1542 Is Categorically a Crime Involving Moral Turpitude
The court held that a violation of 18 USC §1542 for making a false statement in a passport application is categorically a crime involving moral turpitude. (Afamasaga v. Sessions, 3/19/18)
DHS Notice of Modification of “DHS/ICE-013 Alien Health Records System” System of Records
DHS notice of the proposed modification and reissuance of the “DHS/ICE-013 Alien Health Records System” system of records, which contains health records on ICE detainees. Comments are due 4/18/18. (83 FR 12015, 3/19/18)
CA1 Upholds Denial of Asylum Where Evidence Showed Persecution Was Based on an Economic Motive
The court denied the petition for review, finding that substantial evidence showed that the petitioner failed to establish eligibility for asylum by failing to show a nexus between his alleged persecution and a statutorily protected ground. (Lopez-Lopez v. Sessions, 3/16/18)
United States Commission on Civil Rights Sends Letter to ICE Regarding Immigration Enforcement Actions Inside Courthouses
On March 16, 2018, the United States Commission on Civil Rights wrote a letter to Thomas Homan, Deputy Director of ICE, regarding recent immigration enforcement actions inside of courthouses. The commission urged ICE to stop these practices and classify courthouses as sensitive locations.
BIA Upholds Grant of Motion to Suppress
Unpublished BIA decision upholds decision granting motion to suppress and terminating proceedings where ICE officers entered the respondent’s apartment without a warrant or consent. Special thanks to IRAC. (Matter of Cabrera, 3/15/18)
CA11 Finds Government Did Not Meet Burden to Show Asylum Petitioner Could Relocate Within China
In an unpublished opinion, the court remanded the case to the BIA, holding that the government did not meet its burden to show that the Chinese Christian petitioner could relocate within China to avoid persecution. Courtesy of Henry Zhang. (Shi v. Attorney General, 3/15/18)
BIA Finds California Attempted Voluntary Manslaughter to Be an Aggravated Felony Under INA §101(a)(43)(F)
The BIA held that attempted voluntary manslaughter in violation of §§192(a) and 664 of the California Penal Code is categorically an aggravated felony crime of violence under INA §101(a)(43)(F). Matter of Cervantes Nunez, 27 I&N Dec. 238 (BIA 2018)
CA3 Finds Counsel’s No-Show at Reasonable-Fear Screening Didn’t Warrant Relief
The court denied the petitions for review, determining that the petitioner failed to demonstrate that his due process rights were violated when an immigration judge reviewed a negative reasonable fear determination without his attorney present. (Bonilla v. Sessions, 3/15/18)
The Deportation Machine Destroys Lives
Kate Voigt, chief editor of AILA's new report, Cogs in the Deportation Machine, highlights how “the administration has gone to great lengths to deport as many people as possible, as quickly as possible, with little regard for the financial cost or the impact upon American communities.“
AILA Quicktake #238: Cogs in the Deportation Machine
AILA's Kate Voigt previews AILA's new report, Cogs in the Deportation Machine, which surveys policy changes to immigration enforcement made by the Trump administration.
BIA Finds Adjudicators May Look to Multiple Provisions of the CSA to Determine if an Offense Is an Aggravated Felony Under INA §101(a)(43)(B)
The BIA held that in deciding whether a state offense is an aggravated felony under INA §101(a)(43)(B), adjudicators need not look solely to the provision of the Controlled Substances Act (CSA) most similar to the state statute of conviction. Matter of Rosa, 27 I&N Dec. 228 (BIA 2018)
CA7 Finds Mexican Petitioner Did Not Meet Burden to Establish Eligibility for Withholding of Removal or CAT Relief
The court denied the petition for review, finding that the petitioner did not meet his burden in establishing that he would be subject to future persecution or torture, and that he was thus not entitled to withholding of removal or relief under the CAT. (Cruz-Martinez v. Sessions, 3/14/18)
AILA Report “Cogs in the Deportation Machine” Shows Massive Escalation of Immigration Enforcement
AILA released a new report detailing how the Trump administration has systematically increased enforcement, using harsh, indiscriminate methods to deport thousands of families, asylum seekers, and people who have lived and worked for years in the United States.
BIA Finds Theft of Department of Treasury Funds Not a CIMT
Unpublished BIA decision holds that theft of Department of Treasury funds under 18 USC §641 is not a CIMT because it does not require either an intent to permanently deprive the owner of property or to defraud. Special thanks to IRAC. (Matter of Husti, 3/13/18)
Tri-Caucus Letter Urges Congressional Leaders to Reject Increased Funding for Deportation
On 3/13/18, Chairs of the Congressional Hispanic Caucus, the Congressional Asian Pacific American Caucus, and the Congressional Black Caucus signed a letter urging the House and Senate Leaders to reject funding increases for Trump’s mass deportation agenda in the 2018 omnibus appropriations bill.
Practice Pointer: Matter of W-Y-C & H-O-B and Articulating Particular Social Groups Before the IJ
AILA’s Asylum and Refugee Committee provides a practice pointer addressing the January 2018 BIA precedential decision in Matter of W-Y-C- & H-O-B and its potential effects on how practitioners should prepare particular social group-based asylum claims.
H.Res. 774: “Queen-of-the-Hill” Resolution on Dreamers
On 3/13/18, Representative Jeff Denham (R-CA) introduced H.Res.774 with 17 original Republican cosponsors. The resolution would require the U.S. House of Representatives to consider four bills under a “Queen of the Hill” rule to address Deferred Action for Childhood Arrivals (DACA) recipients.