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
Winning Cases – Good for the Client and the Attorney
Fighting the government is a time-honored tradition for removal attorneys, and often a motivation for joining this field, right?? None of us daydreamed in law school of triumphantly signing joint motions to terminate without prejudice to pursue adjustment of status. Nonetheless, successful practice
CA3 Says Procedural Requirements in 8 CFR §1003.2(c) Apply to Motions to Reopen Involving CAT Protection
The court denied the petition for review, holding that the 90-day time bar contained in 8 CFR §1003.2(c) applies to motions to reopen removal proceedings based on a request for withholding of removal under the Convention Against Torture. (Bamaca-Cifuentes v. Att’y Gen., 8/29/17)
DOJ Extension of Comment Period on Proposed Revisions to Form EOIR-56
DOJ 30-day extension of comment period on proposed revisions to Form EOIR-56, Request to be Included on the List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings, which EOIR seeks to replace with an electronic system. Comments are now due 9/28/17. (82 FR 41056, 8/29/17)
ICE Issues Updated Guidance on the Detention and Removal of Undocumented Parents or Legal Guardians
ICE issued updated guidance regarding the detention and removal of undocumented parents and legal guardians of a minor child(ren), to include those who have a direct interest in family court or child welfare proceedings in the United States. Guidance superseded August 2013 parental interests memo.
BIA Recognizes PSG Involving Indigent Mexicans with Mental Illness
Unpublished BIA decision holds that “indigent Mexicans without familial support and with chronic and perceptible mental illness involving psychosis” is a cognizable particular social group (PSG). Special thanks to IRAC. (Matter of E-D-H-, 8/29/17)
CA9 Says IJ Erred in Failing to Determine Whether Safeguards Were Needed After Petitioner Showed Signs of Mental Incompetency
The court granted the petition for review of the BIA’s denial of the petitioner’s asylum claims, holding that the IJ erred by failing to determine whether procedural safeguards were required after the petitioner showed signs of mental incompetency. (Campos Mejia v. Sessions, 8/29/17)
BIA Rescinds In Absentia Order Against Respondent Who Was in Waiting Room
Unpublished BIA decision rescinds in absentia order against respondent who was in the waiting room at the time he was ordered removed by an IJ who was still on the bench when the respondent entered the courtroom. Special thanks to IRAC. (Matter of Singh, 8/25/17)
ICE/CBP Joint Message Regarding Law Enforcement During Hurricane Harvey
ICE and CBP released a statement regarding their practices in light of Hurricane Harvey. Border Patrol plans to keep checkpoints operational, contrary to past precedent.
Practice Pointer: DACA Under Threat
The DACA program is currently in jeopardy due to two looming legal threats – U.S. v. Texas and Arizona Dream Act Coalition v. Brewer. This practice pointer explains the uncertainty surrounding the program under the Trump administration and these legal threats.
CA3 Grants Withholding of Removal to Honduran Petitioner on Account of Political Opinion
Based on the entire record, the court granted withholding of removal to the petitioner, finding that it was more likely than not that the petitioner’s life or freedom would be threatened in Honduras on account of his political opinion. (Mendoza-Ordonez v. Att’y Gen., 8/23/17)
CA9 Finds Petitioner Convicted Under California Penal Code §182(a)(1) Is Ineligible for Cancellation Based on Inconclusive Record
The court held that petitioner had failed to meet her burden of proof to show that her conviction under California Penal Code §182(a)(1) was not for a disqualifying controlled substance offense, and thus that she was ineligible for cancellation of removal. (Marinelarena v. Sessions, 8/23/17)
Letter from ICE to NIJC Regarding Detention Expansion
On 8/23/17, ICE Acting Director Thomas Homan responded to a sign-on letter on the expansion of immigration detention. ICE states that it has proposed revisions to detention standards and inspection regime to “allow access to a greater number of existing facilities with available detention capacity.
Webinar on Representing Stateless Persons Before U.S. Immigration Authorities
The UN Refugee Agency provides a webinar, co-hosted with Benach Collopy LLP, on empowering immigration lawyers to recognize when a U.S.-based client is stateless and how to zealously represent such clients and the unique challenges and potential eligibilities in the immigration context.
Republican Members of Congress Call on the President To Protect Dreamers
On 8/22/17, six Republican members of Congress called on President Trump to maintain the protections of the Deferred Action for Childhood Arrivals (DACA) program for the current recipients. They also called on the President to support the Recognizing America’s Children Act (H.R. 1468).
White House Fact Sheet on President Trump’s Visit to Southern Border
The White House provides a fact sheet on President Trump’s visit to Yuma, Arizona and his meeting with CBP personnel. To jumpstart construction on a border wall, President Trump ordered DHS to use $20 million of unspent appropriations in its account for border security, fencing, and infrastructure.
CA8 Finds BIA Erred in Affirming Admission of Ex-Husband’s Affidavit Without Allowing Petitioner a Chance to Cross-Examine
Where the issue was whether petitioner’s marriage to her ex-husband was a good faith one, the court held that BIA erred in affirming IJ’s admission of her ex’s affidavit and a USCIS report without granting her subpoena request or allowing her to cross-examine him. (Patel v. Sessions, 8/22/17)
EOIR Releases Data on Complaints Against Immigration Judges (FY2016)
EOIR released information on complaints against immigration judges, including number/percentage of IJs against whom complaints were received between FY2012 and FY2016, as well as the nature of complaints opened, sources of complaints, and methods of disposition for complaints closed during FY2016.
CRCL Issues Recommendations Memo for the Alexandria Staging Facility and LaSalle Detention Facility
CRCL investigated the conditions of detention for ICE detainees at the Alexandria Staging Facility and LaSalle Detention facility. Review focused on suicide prevention, medical care, and conditions of confinement. CRCL issued recommendations to intake screening and assessment, housing, and more.
CA8 Finds Petitioner Who Voluntary Departed the U.S. Under Threat of Deportation Is Not Eligible for Cancellation of Removal
The court held that the petitioner was not eligible for cancellation of removal under INA §240A(b), because he voluntary departed the United States under a threat of deportation, thus breaking his continuous presence in the country. (Rodriguez-Labato v. Sessions, 8/21/17)
CA9 Says California Conviction for Second Degree Murder Based on Aiding and Abetting Theory Qualifies as an Aggravated Felony
The court denied the petition for review, holding that the petitioner’s California conviction for second degree murder, based on an aiding and abetting theory, made him removable for having been convicted of an aggravated felony. (Sales v. Sessions, 8/18/17)
BIA Finds Burglary of a Regularly or Intermittently Occupied Dwelling Under Oregon Law Is a CIMT
The BIA held that burglary of a dwelling in violation of section 164.225 of the Oregon Revised Statutes is a crime involving moral turpitude (CIMT), provided that the dwelling is at least intermittently occupied. Matter of J-G-D-F-, 27 I&N Dec. 82 (BIA 2017)
BIA Says U Visa Processing Delays Not Sufficient Basis to Deny Continuance
Unpublished BIA decision orders further consideration of request for continuance pending adjudication of U visa application and states that processing delays by themselves are not a sufficient basis to deny a continuance. Special thanks to IRAC. (Matter of Alvarado-Turcio, 8/17/17)
BIA Holds Minnesota Threats Statute Is Not a CIMT
Unpublished BIA decision holds that making terroristic threats under Minn. Stat. § 609.713, subd. 1 is not a CIMT and that contrary Eighth Circuit decision did not consider whether statute applied to non-turpitudinous conduct. Special thanks to IRAC. (Matter of Ezeobi, 8/17/17)
BIA Vacates Dangerousness Finding Based on Driving Without a License
Unpublished BIA decision holds that IJ erred in finding respondent to be a danger to the community based solely on three arrests for driving without a license. Special thanks to IRAC. (Matter of E-S-, 8/17/17)
Alternatives to Detention Handbook - Intensive Supervision Appearance Program
ICE provides an Alternatives to Detention (ATD) handbook on the Intensive Supervision Appearance Program (ISAP) that provides detailed protocols, charts, and sample forms for applying ICE Enforcement and Removal Operations ATD programs.