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
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.
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.