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 Conviction for Third Degree Burglary in Maryland Is a CIMT
The court denied the petition for review, concluding that Maryland third degree burglary qualifies as a crime involving moral turpitude (CIMT) under INA §237(a)(2)(A)(ii). (Uribe v. Sessions, 5/3/17)
DOJ 60-Day Notice and Comment Request on Form EOIR-27
DOJ 60-day notice and comment request on Form EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals. Comments are due 7/3/17. (82 FR 20489, 5/2/17)
CA3 Says Noncitizen Subject to a Reinstated Removal Order May Not Apply for Asylum
Finding that Congress had not spoken clearly on the issue in the relevant statute, the court gave Chevron deference to the BIA’s statutory interpretation that noncitizens subject to reinstated removal orders are ineligible to apply for asylum. (Cazun v. Attorney General, 5/2/17)
DOJ Announces Release of Data on Incarcerated Foreign-Born Inmates
DOJ released quarterly data stating that there are 45,493 foreign-born inmates incarcerated under the supervision of the Bureau of Prisons as of 3/25/17. DOJ is working on establishing a process for collecting data on convicted undocumented immigrants in state prisons and local detention centers.
EOIR FOIA Response Provides List of Potential Institutional Hearing Program Locations
EOIR records received on 5/2/17 in response to AILA’s FOIA request for a list of additional Institutional Hearing Program (IHP) locations. Attorney General Sessions announced the expansion and modernization of the IHP program on 3/30/17, implementing Executive Order 13768 on interior enforcement.
USCIS Provides Q&As from Asylum Division Quarterly Stakeholder Meeting (5/2/17)
USCIS provides Q&As from the 5/2/17 Asylum Division quarterly stakeholder meeting. Topics discussed included updates from the asylum division, the executive orders and UACs, processing time backlogs and delays, FDNS and detention centers, expedites, and more.
BIA Finds Evidence of Conviction Not Sufficiently Reliable
Unpublished BIA decision finds docket transcript did not demonstrate conviction by clear and convincing evidence where it disclaimed liability for inaccurate data and judge's signature did not certify it as official record. Special thanks to IRAC. (Matter of Rudoi, 5/2/17)
Migration Policy Institute: A Revolving Door No More? A Statistical Profile of Mexican Adults Repatriated from the United States
The Migration Policy Institute provides a report with a statistical profile of Mexican adults repatriated from the U.S. between 2005 and 2015 and explores the characteristics of deportees, their immigration histories, and information on their future migration plans and minor children left behind.
CA9 Says Extortion on the Basis of a Protected Characteristic Can Constitute Persecution
The court granted the petition for review, holding that the IJ erred in concluding that extortion could not constitute persecution because extortion, accompanied by the threat of violence, on the basis of a protected characteristic, can constitute persecution. (Ayala v. Sessions, 5/1/17)
FAQS on ICE’s Victims of Immigration Crime Engagement (VOICE) Office
ICE provided the mission statement, objectives, and FAQs on its Victims of Immigration Crime Engagement (VOICE) office. FAQs discuss DHS’s Victim Information and Notification Exchange (VINE), used to automatically notify certain individuals about changes to custody status and other information.
Fact Sheet on DHS’s Victim Information Notification Exchange (DHS-VINE)
ICE provided a fact sheet on DHS-VINE, a web-based system that sends notifications to registrants who have been affected by crimes committed by a removable individual in ICE custody. Fact sheet lists who is eligible to register, what notifications will be received, and what is needed to register.
Fact Sheet on the Victims of Immigration Crime Engagement Office
ICE provided a fact sheet on the Victims of Immigration Crime Engagement (VOICE) Office. Victims can call a tool-free hotline and receive assistance with signing up for automatic custody status information via DHS-VINE and information on the criminal or immigration history of the perpetrator.
Immigration Law Advisor, March/April 2017 (Vol. 11, No. 3)
The March/April 2017 issue of Immigration Law Advisor includes an article on adverse credibility including evidentiary standards and requirements regarding corroboration, notice, and the right to present evidence, as well as summaries of circuit court decisions and BIA precedent decisions.
Imprisoned Justice: Inside Two Georgia Immigrant Detention Centers
This report by Project South and Penn State Law’s Center for Immigrants’ Rights Clinic, with several other organizations, provides a first-hand account of conditions at the Irwin and Stewart detention centers through interviews with detained immigrants and the attorneys who represent them.
DHS Announces Launch of New Office for Victims of Undocumented Immigrant Crime
DHS announced the official launch of the U.S. Immigration and Customs Enforcement Victims of Immigration Crime Engagement Office (VOICE). The VOICE office will assist victims of crimes committed by undocumented foreign nationals. ICE built the VOICE office in response to EO 13768.
CA3 Says BIA Should Review De Novo Whether Petitioner Established Acquiescence Under the CAT
The court held that the BIA did not apply the correct legal standard under the CAT and should have reviewed de novo the IJ’s determination that the Panamanian petitioner could not establish government acquiescence to the torture he feared. (Dutton-Myrie v. Attorney General, 4/28/17)
CA7 Affirms Denial of Asylum to Haitian Petitioner Who Claimed He Was Attacked and Threatened Because of His Political Activity
Affirming the denial, the court upheld IJ’s findings that petitioner’s testimony was vague and inconsistent and without sufficient corroboration, and that he could not show that the Haitian government was unwilling or unable to protect him if he were to return. (Silais v. Sessions, 4/28/17)
BIA Holds California Theft Statute Not a CIMT
Unpublished BIA decision holds that theft under Cal. Veh. Code 10851(a) is not a CIMT because it criminalizes joyriding and is not divisible. Special thanks to IRAC. (Matter of Arellano Aguilar, 4/28/17)
BIA Finds Domestic Assault Not a CIMT
Unpublished BIA decision holds that fifth degree domestic assault under Minn. Stat. 609.2242, subd.1(2) is not a CIMT because neither physical contact nor infliction of injury is required. Special thanks to IRAC. (Matter of Omari, 4/28/17)
BIA Finds Identity Theft Not a CIMT
Unpublished BIA decision holds that identity theft under 18 Pennsylvania Consolidated Statutes 4120(a) is not a CIMT because it does not require a specific intent to defraud or deceive. Special thanks to IRAC. (Matter of Benka Coker, 4/28/17)
BIA Finds Sale or Transport of Controlled Substance Not an Aggravated Felony
Unpublished BIA decision holds sale or transport of controlled substance under Cal. Health & Safety Code 11352(a) not an aggravated felony because it includes mere solicitation, offer to sell, and importation from another state. Special thanks to IRAC. (Matter of Gallo, 4/28/17)
BIA Finds Possession of Motor Vehicle Part Without ID Number Is Not a CIMT
Unpublished BIA decision holds that possession of a motor vehicle part without an identification number under Utah Code 4-1a-1313 is not a CIMT because it does not require the part to be stolen or used unlawfully. Special thanks to IRAC. (Matter of Romero-Ramirez, 4/28/17)
BIA Finds Residential Burglary Is Not a CIMT
Unpublished BIA decision holds that residential burglary under Cal. Penal Code 459 is not a CIMT. Special thanks to IRAC. (Matter of Delgadillo Armas, 4/27/17)
BIA Holds Grand Theft by Labor Not an Aggravated Felony
Unpublished BIA decision holds that grand theft by embezzlement under Cal. Penal Code 487 is not an aggravated felony theft offense because it criminalizes theft of labor and services and theft by false pretenses. Special thanks to IRAC. (Matter of S-D-, 4/26/17)
BIA Holds Unauthorized Use of Personal Identifying Document Not a CIMT
Unpublished BIA decision holds that unauthorized use of personal identifying information of another under Cal. Penal Code 530.5(a)(5) is not a CIMT. Special thanks to IRAC. (Matter of Pangilinan, 4/26/17)