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
CA7 Stays Order of Removal While Petition for Review Considered
The court stated that given the irreparable harm that the petitioner’s removal could inflict on his minor U.S.‐citizen children, it decided to stay the order of removal until it ruled on the petition for review of the BIA decision denying his motion to reopen. (Sanchez v. Sessions, 5/24/17)
BIA Says Respondent Did Not Establish that Membership in a Particular Social Group Was Central Reason for Fear
The BIA dismissed the appeal in part, finding respondent did not establish that his membership in a family social group was at least one central reason for past events and future harm he claims to fear. The BIA remanded for review of CAT claim. Matter of L-E-A-, 27 I&N Dec. 40 (BIA 2017)
Bite-Sized Ethics: Desperate Clients, Enforcement Priorities, and Asylum
Before filing an asylum claim, attorneys must determine whether their client has “an arguable basis in law or in fact” to file. In this bite-sized article, learn how to handle cases where clients are desperate to file anything to stay and have a general fear of returning to their country.
BIA Dismisses DHS Appeal of Order Reopening Proceedings Sua Sponte Notwithstanding Departure Bar
Unpublished BIA decision holds IJ did not err in reopening and terminating proceedings sua sponte given sentence modification rendering offense no longer an aggravated felony and notwithstanding respondent’s departure from the country. Special thanks to IRAC. (Matter of Keserovic, 5/24/17)
Trump Administration Budget Aims to Undermine Due Process and Implement Mass Deportation Plan
AILA opposes the Trump administration’s newly released FY2018 budget request, which would fund massive increases in immigration enforcement and border security and undermine due process in immigration law.
CA1 Upholds the BIA and IJ Finding That Petitioner Had Not Suffered Past Persecution
The court denied the petition for review, holding that the Guatemalan petitioner provided no basis for the reversal of the denial of his asylum application nor did he offer a basis on which to conclude that he qualified for withholding of removal. (Morales-Morales v. Sessions, 5/22/17)
BIA Addresses Extraordinary Circumstances Exception for Minors
Unpublished BIA decision holds that “minor” means person under 18 years of age to qualify for extraordinary circumstances exception to asylum filing deadline but that youth of applicants between 18 and 21 can be considered as a factor. Special thanks to IRAC. (Matter of A-D-, 5/22/17)
MAVNI: A Successful Program Currently SNAFUed
Imagine you are a Polish- or Punjabi-speaking graduate of a United States school and you volunteered to join the U.S. Armed Forces, ready to serve this country and America's interests. Your recruiter told you about the Military Accessions Vital to the National Interest (MAVNI) Pilot Program which al
BIA Holds 212(h) Aggravated Felony Bar Does Not Apply to LPRs Who Adjusted as Refugees
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 Peduri, 5/19/17)
BIA Upholds Bond to Respondent with Recent DUI Convictions
Unpublished BIA decision upholds grant of $10,000 bond to respondent convicted of DUI in 2016 in light of strong family ties to United States and wife who was seeking asylum and recently gave birth to a newborn. Special thanks to IRAC. (Matter of E-D-J-F-T-, 5/19/17)
DOJ OIG Releases Report on Investigation into Senior Executive at EOIR
AILA obtained via FOIA the underlying OIG report identified in the 6/6/17 investigative summary, Findings Concerning Improper Hiring Practices, Inappropriate Interactions with Subordinates and a Contractor, and False Statements by a Senior Executive with the Executive Office for Immigration Review.
BIA Questions Whether $50 Payment Qualifies as “Material” Support
Unpublished BIA decision remands for consideration of whether giving $50 to Al-Shabaab qualified as “material” support for terrorism, instructing IJ to consider whether it had some effect on the organization’s ability to accomplish goals. Special thanks to IRAC. (Matter of H-I-Y-, 5/18/17)
CA6 Finds BIA Properly Found Petitioners Ineligible to Adjustment
The court denied the petition for review of the BIA’s affirmation of the IJ’s finding that the petitioners were ineligible for adjustment and upheld the BIA’s interpretation of “previously filed” application for adjustment of status. (Gazeli v. Sessions, 5/18/17)
BIA Says Respondent Must Prove Grounds for Mandatory Denial of Relief Do Not Apply
The BIA upheld the Immigration Judge’s adverse credibility finding and affirmed the determination that the respondent has not established eligibility for a waiver of deportability under INA §237(a)(1)(H) or for asylum or withholding of removal. Matter of M-B-C-, 27 I&N Dec. 31 (BIA 2017)
ICE ERO Announces Immigration Arrests Climbed Nearly 40 Percent Compared to 2016
ICE announced that between 1/22/17 and 4/29/17, ICE Enforcement and Removal Operations (ERO) deportation officers administratively arrested 41,318 individuals on civil immigration charges. Between that same time period in 2016, ERO arrested 30,028 individuals.
AILA Quicktake #203: Legislation in House Judiciary Committee
AILA's Director of Government Relations Greg Chen provides updates on three enforcement-only bills being marked up in the House Judiciary Committee on 5/18/17 and how these will undermine public safety.
AILA Statement to House Judiciary Committee on Markup of H.R. 2406, H.R. 2407, and H.R. 2431
On 5/17/17, AILA submitted the following statement opposing three immigration related bills (H.R. 2407, H.R. 2406, and H.R. 2431) scheduled for markup on 5/18/17 before the House Judiciary Committee. These bills would constitute an unprecedented expansion of the immigration enforcement.
AILA Urges House Committee to Move Away from Cruel, Costly, and Ineffective “Enforcement-Only” Immigration Legislation
AILA President Bill Stock urges the House Judiciary Committee to move away from cruel, costly, and ineffective “enforcement-only” immigration reform that completely misses the mark “on the kind of reform our country needs in order to build a 21st century immigration system that benefits us all.”
Sign-On Letter Calling on Members of Congress to Oppose H.R. 2213 and S. 595
On 5/17/17, AILA joined 67 organizations in urging members of Congress to oppose the Anti-Border Corruption Reauthorization Act (H.R. 2213) and the Senate Boots on the Border Act (S.595).
BIA Finds IJ Improperly Acted as Advocate During Hearing
Unpublished BIA decision finds that IJ impermissibly acted as an advocate rather than an impartial adjudicatory by sua sponte calling two of respondent’s relatives to testify and attempting to discredit their testimony. Special thanks to IRAC. (Matter of M-J-R-, 5/17/17)
BIA Finds California Identity Theft Is Not a CIMT
Unpublished BIA decision holds that identity theft under Cal. Penal Code 530.5(a) is not a CIMT under Linares-Gonzalez v. Lynch 823 F.3d 508 (9th Cir. 2016). Special thanks to IRAC. (Matter of Nguyen, 5/16/17)
BIA Holds Arizona Aggravated DUI Not CIMT
Unpublished BIA decision holds that aggravated driving under the influence under Ariz. Rev. Stat. 28-1383(A)(1) is not a CIMT because statute applies to mere exercise of physical control over a vehicle. Special thanks to IRAC. (Matter of Rosas-Hernandez, 5/16/17)
BIA Finds Arizona Statute Not a Firearms Offense
Unpublished BIA decision holds that misconduct involving weapons under Ariz. Rev. Stat. 13-3102(a)(1) is not a removable offense under INA §237(a)(2)(C) because it encompasses weapons other than firearms. Special thanks to IRAC. (Matter of Montes de Oca, 5/15/17)
Despite Hiring, Immigration Court Backlog and Wait Times Climb
TRAC found that despite an influx of new judges over the last 18 months, the Immigration Court’s mountainous backlog continues to rise. According to information obtained under the FOIA by TRAC, some individuals will have been waiting more than five additional years for their hearing date.
CA7 Finds It Lacks Jurisdiction to Review Petitioner's Challenges to Expedited Removal Process and 8 CFR §1208.31(g)(2)(i)
The court dismissed the petition for review in part and denied the remainder, holding that it had no jurisdiction to review the petitioner’s challenges to the expedited removal process or his challenge to 8 CFR §1208.31(g)(2)(i). (Delgado-Arteaga v. Sessions, 3/23/17, amended 5/12/17)