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
CA4 Finds Petitioner’s Membership in Her Nuclear Family Was Not a Central Reason for Her Persecution
Where petitioner contended in her asylum petition that her alleged persecution was on account of her status as a member of her nuclear family, the court held that she failed to show that family status was a reason, central or otherwise, for her difficulties. (Velasquez v. Sessions, 7/31/17)
CA8 Finds Substantial Evidence Supported BIA’s Denial of Asylum to Citizen of Togo
The court denied the petition for review, holding that the IJ’s adverse credibility finding was rooted in numerous inconsistencies between the petitioner’s testimony and the record, the implausibility of certain events, and a lack of corroborating evidence. (Kegeh v. Sessions, 7/31/17)
CA2 Says U.S. Citizen Improperly Detained by ICE for Years Not Entitled to Compensation
The court held that a U.S. citizen who was improperly held in immigration detention for more than three years because the government mistakenly believed he was a deportable alien was not entitled to damages from the government. (Watson v. United States, 7/31/17)
EOIR Operating Policies and Procedures Memorandum 17-01: Continuances
MaryBeth Keller, Chief Immigration Judge, reminds IJs that in all situations in which a continuance is granted at a hearing, they must make the reason(s) for the adjournment clear on the record and should only use, “where warranted for good cause or by authority established by case law.”
BIA Holds Texas Statute Is Not Sexual Abuse of a Minor
Unpublished BIA decision holds that indecency with a child under Tex. Penal Code 21.11(a)(1) is not sexual abuse of a minor because it criminalizes sexual contact with 16-year-old victims. Special thanks to IRAC. (Matter of C-M-O-G-, 7/31/17)
Immigration Law Advisor, July 2017 (Vol. 11, No. 5)
The July 2017 issue of Immigration Law Advisor includes an article on the evolution of the INA’s drug removability statutes pre- and post-Mellouli v. Lynch and a discussion of issues not resolved, as well as summaries of recent circuit court decisions and BIA precedent decisions.
AILA: House Bills Give Hope to Dreamers, but DACA Still in Danger
AILA praised the Dream Act of 2017 and the American Hope Act introduced in the House, both of which “would provide young people, who were brought to this country as children and grew up in the United States, the chance to apply for lawful permanent residence, and eventually apply for citizenship.”
H.R. 3591: American Hope Act of 2017
On 7/28/17, Representative Luis Gutierrez (D-IL) introduced the American Hope Act of 2017, which would provide young people, who were brought to this country as children and grew up in the United States, the chance to apply for lawful permanent residence. The bill has over 110 cosponsors.
BIA Reverses EWI Finding in Light of Respondent’s Credible Testimony
Unpublished BIA decision reverses finding that respondent was present without being admitted or paroled in light of his credible testimony that he last entered the country with a border crossing card. Special thanks to IRAC. (Matter of I-M-G-, 7/28/17)
BIA Holds Florida Arson Statute Is Not a Crime of Violence
Unpublished BIA decision holds that arson under Fla. Stat. 806.01(2) is not a crime of violence under 18 USC §16 because it prohibits the intentional causing of a fire or explosion against one’s own property. Special thanks to IRAC. (Matter of Kotowski, 7/27/17)
Democratic Senators Call on President Trump to Protect Dreamers
On 7/27/17, Minority Leader Chuck Schumer (NY) and Minority Whip Dick Durbin (IL) along with 40 Democratic senators called on President Trump to protect Dreamers by using his executive authority to the greatest extent possible to protect the Deferred Action for Childhood Arrivals (DACA) program.
CA2 Finds “Stop-Time Rule” Prevented Petitioner from Accruing Seven Years of Continuous Residency in the United States
The court held that the petitioner’s 1999 conviction for marijuana possession triggered the “stop-time rule,” preventing him from accruing the required seven years of continuous residency in the United States for cancellation of removal purposes. (Gomez Heredia v. Sessions, 7/27/17)
CA1 Upholds Denial of Asylum Claim Based on Changed Country Conditions in Mexico
The court held that the record did not support petitioner’s claim that crime and violence perpetrated by drug trafficking organizations in Mexico represented changed conditions from the time of his merits hearing to the time he filed his motion to reopen. (Sanchez-Romero v. Sessions, 7/26/17)
H.R. 3440: Dream Act of 2017
On 7/26/17, Representatives Ileana Ros-Lehtinen (R-FL) and Lucille Roybal-Allard (D-CA) introduced the House version of the Dream Act of 2017, which would provide young people who were brought to the U.S. as children, the chance to apply for LPR status, if they meet certain requirements.
BIA Reverses Denial of Motion to Change Venue from Atlanta to Arlington
Unpublished BIA decision reverses denial of motion to change venue from Atlanta to Arlington, noting that the respondent, her attorney, and her witnesses all lived in Virginia. Special thanks to IRAC. (Matter of C-D-L-G-, 7/26/17)
BIA Holds Arizona Statute Is Not a Firearms Offense
Unpublished BIA decision holds that misconduct involving weapons under Ariz. Rev. Stat. 13-3102(A)(4) is not a firearms offense because it prohibits possession knives and nunchaku. Special thanks to IRAC. (Matter of R-S-A-, 7/25/17)
CA7 Finds Salvadoran Asylum Applicant Failed to Show Nexus Between Persecution and Proposed Social Groups
The court held that the Salvadoran petitioner did not meet his burden of demonstrating a nexus between the alleged persecution he faced from gang members in El Salvador and his proposed social groups of wealthy deportees or gang resisters. (Orellana-Arias v. Sessions, 7/25/17)
CA1 Remands for Reconsideration of Whether Petitioner’s Massachusetts ABDW Conviction Is Categorically a CIMT
The court vacated the BIA’s decision determining that the Massachusetts crime of assault and battery (ABDW) with a dangerous weapon is categorically a crime involving moral turpitude under the INA, and remanded for further consideration. (Coelho v. Sessions, 7/24/17)
Massachusetts Supreme Judicial Court Rules Against Use of Immigration Detainers
The Supreme Judicial Court of Massachusetts held that Massachusetts law provides no authority for holding an individual solely on the basis of a federal civil immigration detainer beyond the time that the individual would otherwise be entitled to be released. (Lunn v. Commonwealth, 7/24/17)
CA9 Upholds BIA’s Denial of Withholding of Removal and CAT Relief to Former Police Officer in Mongolia
The court upheld BIA’s determination that the Mongolian petitioner was targeted because of his role in a drug-trafficking investigation, and not on account of his political opinion, his purported whistleblowing activity, or his status as a former police officer. (Sanjaa v. Sessions, 7/21/17)
BIA Says “Specified Offense Against a Minor” Can Involve Undercover Officer Posing as a Minor
The BIA held that an offense may be a “specified offense against a minor” within the meaning of the Adam Walsh Child Protection and Safety Act, even if it involved an undercover police officer posing as a minor, rather than an actual minor. Matter of Izaguirre, 27 I&N Dec. 67 (BIA 2017)
Twenty Attorneys General Ask President Trump to Keep DACA Program
Attorneys general from 19 states and DC sent a letter to President Trump urging him to maintain and defend the DACA program, stating, “We urge you to affirm America’s values and tradition as a nation of immigrants and make clear that you will not only continue DACA, but that you will defend it.”
AILA Welcomes Bipartisan Dream Act of 2017; Calls on Congress and the Administration to Protect Dreamers
AILA welcomes the introduction of the Dream Act of 2017, a bipartisan bill authored by Senators Lindsey Graham and Dick Durbin, that would provide young people who were brought to the U.S. as children a chance to apply for lawful permanent residence if they meet certain requirements.
S. 1615: Dream Act of 2017
On 7/20/17, Senators Lindsey Graham (R-SC) and Dick Durbin (D-IL) introduced the bipartisan Dream Act of 2017, which would provide young people who were brought to this country as children and grew up in the U.S., the chance to apply for lawful permanent residence, if they meet certain requirements.
AILA Quicktake #210: Dream Act of 2017 Introduced
AILA Director of Government Relations Greg Chen shares why the Dream Act of 2017, introduced by Senators Lindsey Graham and Dick Dubrin, is important. He also discusses details of the bill and what AILA members can do.