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
CA2 Finds No Federal Subject-Matter Jurisdiction Over Petitioner’s APA Claim
The court found that there was no basis for federal subject-matter jurisdiction over the petitioner’s Administrative Procedure Act (APA) claim challenging USCIS’s denial of jurisdiction over his adjustment of status application. (Singh v. USCIS, 12/22/17)
BIA Holds California Vehicular Burglary Statute Is No Longer a CIMT
Unpublished BIA decision reopens proceedings sua sponte upon finding that vehicular burglary under Calif. Penal Code 459 was no longer a CIMT in light of intervening case law. Special thanks to IRAC. (Matter of Syharath, 12/21/17)
DOJ and DHS Release Data on Incarcerated Individuals for the Fourth Quarter of FY2017
Per EO 13768, DOJ and DHS released the FY2017 fourth quarter “Alien Incarceration Report.” The report found that more than one-in-five of all persons in Bureau of Prisons custody were foreign born and that 94 percent of confirmed foreign nationals in custody were unlawfully present.
DHS and DOJ Release Data on Foreign Nationals Incarcerated During the Fourth Quarter of FY2017
DHS and DOJ released a report with data on foreign nationals incarcerated under the supervision of the Bureau of Prisons and the United States Marshals Service for the fourth quarter of FY2017. A total of 58,766 known or suspected foreign nationals were in in DOJ custody at the end of FY2017.
U.S. Commission on Civil Rights Concerned with Alleged Abusive Labor Practices at Immigration Detention Centers
The Commission calls for heightened oversight and transparency of the Voluntary Work Program within both government and privately-run detention centers.
BIA Holds California Statute Is Not a Crime of Child Abuse
Unpublished BIA decision holds that Cal. Penal Code 273a(b) is not a crime of child abuse because it only requires placing a child in a situation where he or she may be endangered and that the statute is not divisible. Special thanks to IRAC. (Matter of E-G-R-, 12/20/17)
BIA Rescinds In Absentia Order Against Respondent Who Provided Updated Address to ICE
Unpublished BIA decision rescinds in absentia order in light of the respondent’s undisputed assertion that she provided updated address to DHS officer before the NTA was mailed to her prior address. Special thanks to IRAC. (Matter of Ramirez-Javier, 12/20/17)
BIA Reopens Proceedings Sua Sponte Because Waiver of Counsel Was Not Effective
Unpublished BIA decision reopens proceedings sua sponte where respondent did not affirmatively state that she was waiving her right to counsel and IJ did not inquire at subsequent hearings whether she wished to seek counsel. Special thanks to IRAC. (Matter of Alcaraz-Barajas, 12/20/17)
Voluntary Departure: When the Consequences of Failing to Depart Should and Should Not Apply
The American Immigration Council provides a practice advisory addressing when the voluntary departure period runs and the events that cause automatic termination of a voluntary departure order; the serious consequences that result from failing to depart; and when these consequences do not apply.
USCIS v. EOIR: Jurisdiction over Asylum Applications for Individuals Who Were in Expedited Removal Proceedings or Issued Notices to Appear
The American Immigration Council and partners provided this practice advisory with practical suggestions for filing asylum applications that USCIS is likely to reject for lack of jurisdiction.
Republican and Democratic Governors Urge Congress to Protect Dreamers
On 12/20/17, Republican Ohio Governor John Kasich and Democratic Colorado Governor John Hickenlooper, along with nine other bipartisan governors wrote to Congressional leaders urging them to come together and pass legislation that would allow Dreamers to remain the United States.
Entertainers Urge Democrat Leaders to Uphold Promise to Protect Dreamers
On 12/20/17, over 40 entertainers urged Democrat leaders Senator Chuck Schumer (NY) and Representative Nancy Pelosi (CA-12) to uphold their promise to protect Dreamers, and do everything in their power to include a clean Dream Act in the must-pass spending bill.
CA8 Finds Petitioner’s Minnesota Misdemeanor Domestic Assault Conviction to Be a Crime of Domestic Violence
The court denied the petition for review, finding that the petitioner’s Minnesota misdemeanor domestic assault conviction was a crime of domestic violence under INA §237(a)(2)(E)(i) that rendered him ineligible for cancellation of removal. (Onduso v. Sessions, 12/20/17)
EOIR Releases Memo with Guidelines for Immigration Court Cases Involving Juveniles, Including Unaccompanied Children
EOIR released an Operating Policies and Procedures Memorandum (OPPM) with guidelines for adjudicating cases involving any unmarried individual under the age of 18, including as both respondents and third-party witnesses.
EOIR Releases Memo on Applications for Cancellation of Removal or Suspension of Deportation
EOIR released an Operating Policies and Procedures Memorandum (OPPM) with guidelines for adjudicating applications for cancellation of removal or suspension of deportation that are subject to the annual limitation (“cap”). Guidance is effective as to hearings that are concluded on or after 1/4/18.
CA8 Upholds Denial of Asylum to Ethiopian Petitioner
The court upheld the BIA’s denial of asylum to an Ethiopian petitioner who spoke out against a government massacre, finding that the facts did not compel a finding of past persecution based on political opinion or a well-founded fear of future persecution. (Baltti v. Sessions, 12/19/17)
BIA Holds Colorado Assault Statute Is Not a CIMT
Unpublished BIA decision holds that assault-attempted battery under Aurora (Colo.) Municipal Code Ch. 94, Art. II, Sec. 94-37 is not a CIMT because it contains no aggravating element distinguishing it from traditional assault and battery. Special thanks to IRAC. (Matter of P-M-L-, 12/18/17)
CA1 Dismisses Petitions for Review of Denial of Voluntary Departure for Lack of Jurisdiction
The court dismissed the petitions for review of denial of voluntary departure to both members of a married couple, finding that the court lacked jurisdiction to review the immigration judge’s discretionary decision to deny voluntary departure. (De la Cruz Orellana v. Sessions, 12/18/17)
CRS Legal Sidebar: The Application of the “One Central Reason” Standard in Asylum and Withholding of Removal Cases
The Congressional Research Service (CRS) issued a Legal Sidebar on the “one central reason” standard and how it is applied in practice, including a discussion of Barajas-Romero v. Lynch, which created a split among federal circuit courts regarding the extent and application of this standard.
CA9 Vacates Denial of Chinese Petitioner’s Asylum Application
Where the petitioner had been persecuted by Chinese authorities after opposing eminent domain, the court vacated the BIA’s denial of his asylum application, finding that the persecution was on account of an imputed political opinion. (Song v. Sessions, 12/18/17, amended 2/15/18)
BIA Reverses Dangerousness Finding Based on Reckless Driving Arrest
Unpublished BIA decision reverses IJ bond determination that respondent was a danger to the community based on an arrest for reckless driving for which authorities declined to pursue charges. Special thanks to IRAC. (Matter of J-O-N-G-, 12/16/17)
Combatting a War on the Christmas Spirit
The holidays are here, which supposedly make up the most wonderful time of the year. This year, the president has thrown in with Christmas in a big way, claiming that he has brought Christmas back and it's “bigger and better than ever.“ I'm not sure it was missing necessarily, but an emphasis
CA11 Affirms Dismissal of Claims by Professor Denied Access to Atlanta Immigration Court Hearings
The court affirmed the district court’s dismissal of the claims of a professor that her constitutional rights were violated when she was denied access to hearings at the Atlanta Immigration Court. (Stevens v. Attorney General, 12/15/17)
CA8 Finds Petitioner Ineligible for Cancellation of Removal Due to Minnesota Misdemeanor Domestic Assault Conviction
The court denied the petitions for review, finding that the petitioner was ineligible for cancellation of removal because his Minnesota misdemeanor domestic assault conviction was a crime of domestic violence under INA §237(a)(2)(E). (Ramirez-Barajas v. Sessions, 12/15/17)
Fearless Lawyering: Motions Practice in Immigration Court
Listen to this recording from the 2017 New York Chapter Symposium on motions practice in immigration court. Motions are an essential part of a fearless and vigorous litigation strategy. Panelists discussed a wide range of strategic motions and how you can deploy them to your client’s advantage.