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 Holds Adjustment from Refugee to LPR Status Not an “Admission”
Unpublished BIA decision holds that adjustment of status under INA §209 is not an “admission” as an LPR for purposes of the aggravated felony bar in INA §212(h). Special thanks to IRAC. (Matter of B-V-N-, 7/5/17)
CA9 Upholds Denial of Asylum to Chinese Petitioner Based on Adverse Credibility Determination
The court held that substantial evidence supported the IJ’s adverse credibility determination based on anomalies in the petitioner’s supporting documentation, her vague testimony, and her failure to submit sufficient reliable corroborating evidence. (Wang v. Sessions, 7/3/17)
ICE Provides Brochure on ICE eService
ICE provided information regarding the ICE eService program, an electronic service of documents between the Office of the Principal Legal Advisor Offices of Chief Counsel (OCC) and individuals in administrative immigration proceedings before EOIR, or their legal representatives.
Practice Advisory: Working with Child Clients and Their Family Members in Light of the Trump Administration’s Focus on “Smugglers”
Public Counsel and Catholic Legal Immigration Network, Inc. (CLINIC) provide a practice advisory with guidance and suggestions on best practices for mitigating the risk of civil immigration enforcement or criminal prosecution of family members of children in removal proceedings.
United States Attorneys’ Bulletins (July 2017, Vol. 65, No. 3)
The July 2017 edition from the DOJ’s Executive Office for U.S. Attorneys includes articles related to civil immigration enforcement and the Office of Immigration Litigation-District Court Section.
United States Attorneys’ Bulletins (July 2017, Vol. 65, No. 4)
The July 2017 edition from the DOJ’s Executive Office for U.S. Attorneys includes articles related to the prosecution of criminal immigration offenses.
Immigration Law Advisor, May/June 2017 (Vol. 11, No. 4)
The May/June 2017 issue of Immigration Law Advisor includes an article with an overview of the breadth and depth of the stop-time rule from IIRIRA and cancellation of removal, as well as summaries of recent circuit court decisions and BIA precedent decisions.
Will Government Employees Show Some Moxie in the Immigration Struggle?
In case you haven't noticed, advocates for immigrants and favorable immigration policies in this country are at war with the current administration in Washington. And, for those who think the attitude in Washington will change in the next four to eight years, think again. Unfortunately, negative att
Ten States Sent Letter to DOJ Requesting End to DACA Program
Texas and nine other states sent a letter to the DOJ, requesting that DACA be phased out and that DHS rescind the 6/15/12 DACA memo and not renew or issue any new DACA or expanded DACA permits. If not, the letter states that the states will amend their litigation to challenge the DACA program.
BIA Holds Grant of U Nonimmigrant Status Qualifies as an “Admission”
Unpublished BIA decision holds that nonimmigrants granted U nonimmigrant status from within the United States are “admitted” for purposes of INA §237. Special thanks to IRAC. (Matter of Garnica, 6/29/17)
BIA Holds Florida Prostitution Offense Is Not an Aggravated Felony
Unpublished BIA decision holds that deriving support from prostitution under Fla. Stat. Ann. §795.05(1) is not an aggravated felony under INA §101(a)(43)(K)(i) and rejects DHS request to apply “circumstance-specific” approach. Special thanks to IRAC. (Matter of Demosthene, 6/29/17)
EOIR Issues Memo on Administrative Closure of Cases Involving TPS or DED Countries
Obtained via FOIA by Hoppock Law Firm, EOIR issued a memo providing guidance regarding administrative closure of pending appeals at the Board involving individuals potentially eligible for TPS or DED. Special thanks to Matthew Hoppock.
EOIR Issues Memo on Noting DACA Eligibility in Decisions
Obtained via FOIA by Hoppock Law Firm, EOIR stated that although DHS has not at this time terminated the DACA program, this memorandum serves to rescind the guidance contained in BIA 12-05 regarding inclusion of a footnote referring to possible DACA eligibility. Special thanks to Matthew Hoppock.
Judge: Government Still Failing to Meet Standards for Detaining Children
AILA welcomed U.S. District Judge Dolly Gee’s decision affirming that the federal government is violating the 20-year-old Flores settlement agreement governing the custody and release of all immigrant children nationwide; Judge ordered a Juvenile Coordinator appointed to ensure compliance.
CA8 Upholds Denial of Asylum to President of Community Development Organization That Addressed Gang Problems in El Salvador
The court held that substantial evidence supported the BIA’s conclusion that that there was an insufficient nexus between the threats the petitioner received from the MS-13 gang and her membership in a community development organization in El Salvador. (Gomez-Garcia v. Sessions, 6/28/17)
CA5 Says Alleged Past Persecution of Mother Cannot Be Imputed to 10-Year-Old Daughter
The court upheld the BIA’s denial of asylum, holding that the alleged past persecution of petitioner’s mother could not be imputed to petitioner, a 10-year-old citizen of El Salvador, and that petitioner did not have a well-founded fear of persecution. (Herrera Morales v. Sessions, 6/27/17)
AILA Statement Opposing H.R. 3003 and H.R. 3004
AILA issued a statement opposing the “No Sanctuary for Criminals Act (H.R. 3003) and “Kate’s Law (H.R. 3004).
BIA Rescinds In Absentia Order Against Infant
Unpublished BIA decision rescinds in absentia order issued by IJ Pelletier in Atlanta against infant whose mother mistakenly thought his presence at the hearing was excused. Special thanks to IRAC. (Matter of K-A-B-V-, 6/27/17)
DOJ’s Immigration Court Practice Manual (Updated on 6/26/17)
The Office of the Chief Immigration Judge updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before Immigration Courts. The manual was amended to correct an error on page 99 and to fix pagination in Appendix A.
DOJ Request for Comments on Proposed Revisions to Form EOIR-56
DOJ request for comments 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 due 8/25/17. (82 FR 28906, 6/26/17)
CA8 Upholds Denial of Asylum to Nigerian Who Asserted Supernatural Forces Inflicted Harm on Him
The court denied the petition for review, holding that the supernatural harms petitioner described were not persecution because they were not inflicted by the government or private parties that the Nigerian government was unable to control. (Edionseri v. Sessions, 6/26/17)
CA9 Reopens Proceedings to Reconsider CAT Claim Due to Changed Country Conditions in Ethiopia
The court granted the petition for review and remanded, holding that the BIA abused its discretion by disregarding or discrediting undisputed new evidence submitted by the petitioner regarding increased violence toward homosexuals in Ethiopia. (Agonafer v. Sessions, 6/23/17)
CA1 Upholds Denial of Withholding of Removal to Petitioner Who Feared Gangs in Guatemala
The court held that substantial evidence supported the BIA’s findings that the petitioner did not establish that she would likely be harmed by criminal gangs in Guatemala based upon an enumerated ground. (Marroquín-Rivera v. Sessions, 6/23/17)
Supreme Court Remands Immigrant’s Ineffective Assistance of Counsel Case to Circuit Court
The Supreme Court remanded the case to the Sixth Circuit, which had rejected the ineffective assistance of counsel claim of an LPR ordered deported after pleading guilty to a charge that constituted an aggravated felony on the advice of his attorney. (Lee v. United States, 6/23/17)
New World Requires New Strategies
I had heard a rumor that it was a fire-able offense for anyone in Ira Kurzban's firm to concede a conviction in immigration court. So while talking to Ira at a conference once, I asked him if it was true. He informed me I had heard wrong. He explained that it is a fire-able offense […]