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
BIA Rescinds In Absentia Order Because NTA Was Sent to Non-Attorney
Unpublished BIA decision rescinds in absentia order because Notice to Appear was sent to an immigration consultant provided on a prior TPS application. Special thanks to IRAC. (Matter of Ascencio Martinez, 9/20/17)
BIA Remands to Determine if Beneficiary’s Birth Certificate is Sufficient
The BIA remanded for the entry of a new decision for USCIS to apply the framework set forth and determine whether the beneficiary’s birth certificate is sufficient to establish his parentage by a preponderance of the evidence. Matter of Rehman, 27 I&N Dec. 124 (BIA 2017)
Deportations in the Dark: Lack of Process and Information in the Removal of Mexican Migrants
The American Immigration Council issued a special report explaining the stark findings of an empirical investigation into the behavioral patterns of U.S. immigration authorities during the apprehension, custody, and removal of Mexican migrants from the United States.
Risk vs. Uncertainty: Advising and Advocating in the New Paradigm
While listening to a Freakonomics podcast recently focusing on John Urschel's abrupt decision to retire from the NFL., I was intrigued by the discussion of how we make decisions in the face of risk versus uncertainty. By way of explanation, the introduction to the piece asks how it is possible we ha
Representatives Coffman and Gutierrez Request Technical Fixes for DACA Participants
On 9/18/17, Representatives Mike Coffman (R-CO) and Luis Gutierrez (D-IL) sent a letter to DHS and USCIS requesting a series of technical fixes to the process of ending the DACA program.
DACA Recipients File Lawsuit Challenging DACA Rescission
Several DACA recipients filed a lawsuit asking the district court to enjoin the rescission of the DACA program and the use of information obtained pursuant to the DACA program for immigration enforcement purposes, except as previously authorized. (Garcia v. Trump, 9/18/17)
DHS Notice of Availability of DACA Rescission Memo
DHS notice that the 9/5/17 memo rescinding the Deferred Action for Childhood Arrivals (DACA) program is available on the DHS website. (82 FR 43556, 9/18/17)
SPLC Letter to ICE About Barriers to Law Library in Detention
On 8/22/17, the Southern Poverty Law Center (SPLC) sent a letter to ICE after receiving reports that detainees at the Folkston Detention Center were denied access to the law library. In the letter, SPLC details the violations of due process, and provides recommendations for moving forward.
BIA Finds Respondent Did Not Breach Bond Conditions
Unpublished BIA decision holds that respondent did not breach bond conditions by moving out of state where note in IJ decision indicated that he had to remain at the address where he intended to move after his release. Special thanks to IRAC. (Matter of S-S-, 9/15/17)
BIA Reopens Proceedings for Respondent Who Meets Requirements for “U” Visa
Unpublished BIA decision reopens proceedings sua sponte in light of USCIS letter stating that respondent satisfied the requirements for “U” nonimmigrant status but a visa was not yet available. Special thanks to IRAC. (Matter of Patel, 9/15/17)
BIA Clarifies Standard for Determining When a Misrepresentation Is “Material” Under INA §212(a)(6)(C)(i)
The BIA held that a misrepresentation is material when it tends to shut off a line of inquiry relevant to a noncitizen’s admissibility that would have disclosed other facts relevant to his eligibility for a visa, documentation, or admission to U.S. Matter of D-R-, 27 I&N Dec. 105 (BIA 2017)
Statement by DHS Press Secretary on Criminal Alien Gang Member Removal Act
On 9/14/17, Acting Secretary of Homeland Security Elaine Duke issued a statement applauding the House passage of the Criminal Alien Gang Member Removal Act (H.R. 3697), a bill that AILA strongly opposes.
AILA and NGO Partners Submit Comments to ICE’s Proposed Record Schedule
AILA joined eight other organizations in submitting comments on the ICE document destruction proposal to the National Archives and Records Administration (NARA), which included a proposal to destroy records related to ICE detainees, including records on sexual abuse and deaths while in custody.
CA4 Reverses BIA’s Determination That Salvadoran Petitioner Failed to Show Persecution on Account of Her Family Membership
The court granted the petition for review, holding that the BIA abused its discretion in affirming the IJ’s clearly erroneous factual finding that the Salvadoran petitioner was not targeted by the MS-13 gang on account of her family membership. (Zavaleta-Policiano v. Sessions, 9/13/17)
DHS Announces Implementation of Visa Sanctions on Four Countries
DHS announced, in coordination with DOS, the implementation of visa sanctions on Cambodia, Eritrea, Guinea, and Sierra Leone due to a lack of cooperation in accepting their nationals who were ordered removed from the United States. Specific sanctions are effective 9/13/17.
AILA Issues Vote Recommendation on H.R. 3697
AILA urges members of Congress to vote NO on Representative Barbara Comstock’s (R-VA) Criminal Alien Gang Member Removal Act, which would amend the INA’s grounds of inadmissibility and deportability for those associated with criminal gangs, as well as amend the INA’s definition of a gang member.
BIA Vacates Aggravated Felony Fraud Finding Based on Award of Restitution
Unpublished BIA decision holds that DHS failed to demonstrate that the loss to the victim exceeded $10,000 because Florida permits awards of restitution for damages indirectly caused by the offense. Special thanks to IRAC. (Matter of M-G-G-, 9/13/17)
BIA Holds Florida Statute Is Not a CIMT
Unpublished BIA decision holds that transaction with a minor under Kent. Rev. Stat. 530.065 is not a CIMT. Special thanks to IRAC. (Matter of E-T-, 9/13/17)
BIA Holds New York Third Degree Burglary Is Not an Aggravated Felony
Unpublished BIA decision holds that third-degree burglary under N.Y. Penal Law 140.20 was not an aggravated felony burglary offense because it criminalizes unlawful entry into an enclosed motor vehicle. Special thanks to IRAC. (Matter of Kapanadza, 9/12/17)
USCIS Provides Chart Explaining DACA Rescission Announcement
USCIS provides a chart explaining the 2017 DACA rescission announcement and what it means for the different groups of impacted individuals.
Immigration Law Advisor, August-September 2017 (Vol. 11, No. 6)
The August-September 2017 issue includes an in memoriam to Juan P. Osuna, an article on the phrase “public official or other person acting in an official capacity” under the Convention Against Torture, as well as summaries of recent circuit court decisions and BIA precedent decisions.
American Council on Education Urges Congress to Protect Dreamers
On 9/12/17, the American Council on Education (ACE), represented 77 other organizations in a sign-on letter to congressional leadership. The organizations urged Congress to pass legislation protecting Dreamers as soon as possible.
CA5 Says Conviction for Evading Arrest in Texas Is Not Categorically a Crime Involving Moral Turpitude
The court held that the petitioner’s conviction for evading arrest under Texas Penal Code §38.04 was not categorically a crime involving moral turpitude rendering him ineligible for cancellation of removal under INA §240A(b)(1). (Laryea v. Sessions, 9/12/17)
BIA Terminates Proceedings Against Respondent Convicted of Burglary
In an unpublished decision, the BIA sustained the respondent’s appeal and finds that the respondent’s conviction for burglary in the third degree under N.Y. Penal Law §140.20 is not an aggravated felony within the meaning of the INA. Courtesy of Fausto Falzone.
Facing the Pro Bono Challenge Head On – One Perspective
Pro bono work is important. But, maybe keeping your practice afloat while following your conscience to increase your pro bono work is something you struggle with, too. Thinking outside the box of pro bono can help you figure out what YOU can do.