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 Says Deferred Adjudication Under Virginia Code §18.2-251 Falls Within the Unambiguous Definition of a Conviction
The court denied the petition for review, holding that the petitioner’s 2005 criminal proceedings under Virginia Code §18.2-251 for possession of cocaine fell squarely within the plain text of INA §101(a)(48)(A), and thus constituted a conviction. (Payan Jaquez v. Sessions, 6/8/17)
CA7 Says Noncitizens Subject to Reinstatement of a Removal Order Cannot Apply for Asylum
The court dismissed the petition for review, holding that because asylum is a form of discretionary relief, the petitioner, who was subject to a reinstated order of removal, lacked standing to challenge the federal regulations prohibiting him from applying for it. (Garcia v. Sessions, 6/8/17)
CA9 Says Fleeing from Police Under California Vehicle Code §2800.2 Is Not Categorically a CIMT
The court held that petitioner’s conviction for fleeing from a police officer under California Vehicle Code §2800.2 was not categorically a crime involving moral turpitude, and thus that he was not statutorily ineligible for cancellation of removal. (Ramirez-Contreras v. Sessions, 6/8/17)
Sign-On Letter Calling on Members of Congress to Oppose the House Anti-Border Corruption Reauthorization Act (H.R. 2213)
On 6/6/17, AILA joined 42 organizations in urging members of Congress to oppose the Anti-Border Corruption Reauthorization Act (H.R. 2213), which would eliminate critical polygraph requirements for some U.S. Customs and Border Protection (CBP) applicants.
AILA Issues Vote Recommendation on H.R. 2213
AILA urges members of Congress to vote NO on Representative Martha McSally’s (R-AZ) Anti-Border Corruption Reauthorization Act of 2017, which would allow U.S. Customs and Border Protection to waive polygraph examination requirements for applicants.
Federal Judge in Texas Finds County Policy of Honoring ICE Detainers Violated Plaintiff’s Rights
A district judge found that a Texas county’s policy of honoring ICE detainers violated the Fourth and Fourteenth Amendment rights of a plaintiff who was held in county detention pursuant to an ICE detainer after his criminal charge was dismissed. (Trujillo Santoyo v. United States, 6/5/17)
ICE eService Pilot- Dallas and St. Paul
ICE brochure announcing a voluntary 60-day pilot for ICE eService that begins on Monday, June 5, 2017, offering electronic service of documents between ICE OPLA offices and respondents or legal representatives. The pilot is only available for Dallas and St. Paul areas of responsibility.
Sign-On Letter Calling on the Appropriations Committees to Reject the President’s “Enforcement Only” Budget Request
On 6/5/17, AILA joined 273 organizations in urging the Senate Appropriations Chairman Thad Cochran (R-MS) and Vice Chairman Patrick Leahy (D-VT); and House Appropriations Chairman Frelinghuysen (R-NJ) and Ranking Member Lowey (D-NY) to oppose President Trump’s “Enforcement Only” budget request.
BIA Vacates Discretionary Denial of Asylum Application
Unpublished BIA decision finds IJ erred in denying asylum application as a matter of discretion solely because respondent failed to seek asylum during two prior visits to United Kingdom. Special thanks to IRAC. (Matter of G-S-, 6/5/17)
BIA Finds Tax Conviction Is Not an Aggravated Felony
Unpublished BIA decision holds that failure to collect or pay over a tax under 26 USC §7202 is not an aggravated felony because INA §101(a)(43)(M)(ii) applies only to offenses described in 26 USC §7201. Special thanks to IRAC. (Matter of Corral, 6/2/17)
BIA Dismisses Appeal, Finding Respondent Did Not Establish Claim to Citizenship
The BIA affirmed the IJ’s decision and dismissed the respondent’s appeal, finding that the respondent did not show that proceedings must be instituted to revoke citizenship and did not establish his claim to citizenship. Matter of Falodun, 27 I&N Dec. 52 (BIA 2017)
OIG Releases Results from FY2016 Spot Inspections of ICE Family Detention Facilities
The Office of Inspector General released a report on its FY2016 spot inspections of three ICE family detention facilities in Leesport, PA and Dilley and Karnes, Texas, finding the facilities “clean, well-organized, and efficiently run.”
BIA Concludes Receipt of a Stolen Motor Vehicle Is Not an Aggravated Felony
The BIA dismissed DHS’s appeal and remanded, finding that a conviction for receipt of a stolen motor vehicle under South Dakota Codified Laws §32-4-5, which requires a “reason to believe” that the vehicle was stolen, was not an aggravated felony. Matter of Deang, 27 I&N Dec. 57 (BIA 2017)
EOIR Fact Sheet: EOIR’s Fraud and Abuse Prevention Program
EOIR issued a fact sheet on its Fraud and Abuse Prevention Program in EOIR’s Office of the General Counsel, which is committed to identifying and combatting all forms of fraud, "in order to protect the integrity of EOIR’s immigration proceedings."
BIA Remands After Finding Conviction for Receipt of Stolen Property is Categorically An Aggravated Felony Offense
The BIA remanded after concluding that respondent’s conviction for receipt of stolen property is categorically an aggravated felony theft offense under INA §101(a)(43)(G) and that the IJ’s reliance on Lopez-Valencia was misplaced. Matter of Alday-Dominguez, 27 I&N Dec. 48 (BIA 2017)
GAO Report: Actions Needed to Reduce Case Backlog and Address Long-Standing Management and Operational Challenges
The Government Accountability Office issued a report showing that the EOIR case backlog more than doubled from FY2006 through FY2015 primarily due to declining cases completed per year. GAO is making 11 recommendations to improve EOIR’s workforce planning, hiring, and analysis of continuance data.
Supreme Court Rules “Sexual Abuse of a Minor” Requires Victim to Be Less Than 16 Years Old
In a unanimous decision, the Court found that in cases of statutory rape based solely on the ages of the participants, sexual abuse of a minor requires that the victim be younger than 16. Thus, the petitioner’s conduct was not an aggravated felony. (Esquivel-Quintana v. Sessions, 5/30/17)
Attorney General Selected James McHenry as the Acting Director of EOIR
Attorney General Jeff Sessions has selected James McHenry as the acting Director of the Executive Office for Immigration Review (EOIR). Acting Director McHenry first joined EOIR in 2003 through the Attorney General’s Honors Program and returned in 2016, when he was appointed as an ALJ for OCAHO.
CA9 Judge Writes Concurrence Criticizing Government's Action in Removal Case
The court denied the petitioner’s request for a stay of removal due to a lack of authority to grant the stay. Judge Reinhardt wrote a concurrence calling the government’s action in the case “contrary to the values of this nation and its legal system.” (Magana Ortiz v. Sessions, 5/30/17)
CA9 Finds Substantial Evidence Supported BIA’s Finding That Petitioner Was a “Habitual Drunkard”
The en banc court denied the petition for review, concluding that petitioner was ineligible for cancellation of removal on the ground that he failed to establish good moral character because, during the requisite period, he had been a “habitual drunkard.” (Ledezma-Cosino v. Sessions, 5/30/17)
BIA Holds Indiana Statute Is Not a Drug Trafficking Aggravated Felony
Unpublished BIA decision holds maintaining a common nuisance under Indiana Code 35-48-4-13(b)(1) as it existed in May 2016 is not an aggravated felony under INA §101(a)(43)(B). Special thanks to IRAC. (Matter of Paul, 5/30/17)
Access to Counsel Should be Non-Negotiable
“Wait, you mean to tell me you are not allowed to contact a lawyer at the airport?“ That is a familiar response when I tell people of the lack of any protocol for allowing access to counsel to those who are coming into the United States from abroad. The fact is, when someone enters the […
CA9 Says Attempted Sexual Abuse Under Oregon Law Is an Aggravated Felony
The court denied in part and dismissed in part the petition for review, concluding that the petitioner’s conviction for attempted sexual abuse under Oregon Revised Statutes §163.427 was an aggravated felony that warranted termination of his asylee status. (Diego v. Sessions, 5/26/17)
CA1 Remands for BIA to Consider Whether Petitioner Can Relocate Within Guatemala
The court granted the petition for review and remanded because neither the IJ nor the BIA addressed evidence indicating that the petitioner would not be safe in a relocated area of Guatemala or made any mention of the “reasonableness factors” of relocation. (Garcia-Cruz v. Sessions, 5/26/17)
AILA/USCIS Field Operations Directorate Liaison Q&As (5/12/17)
Official Q&As from the 5/12/17 AILA liaison meeting with USCIS Field Operations. Topics include staffing, responding to RFEs requesting I-9s, excessive interview wait times, the CIV program, online filing of N-400s, CR green cards, the EB-5 RC Compliance Audit Program, other EB-5 updates, and more.