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 Finds Possession of Cocaine with Intent to Manufacture or Deliver Not an Aggravated Felony
Unpublished BIA decision holds possession of cocaine with intent to manufacture or deliver under Fla. Stat. 893.13 is not an aggravated felony because neither offense requires unlawful trading or dealing. Special thanks to IRAC. (Matter of Christie, 4/26/17)
BIA Holds Leaving Scene of Accident Not a CIMT
Unpublished BIA decision holds that leaving the scene of an accident under Cal. Veh. Code 20001(a) is not a CIMT because it criminalizes mere failure to provide all forms of identification. Special thanks to IRAC. (Matter of Khan, 4/26/17)
District Court of Appeal Overturns Conviction Where Fake Immigration Attorney Provided Bad Advice
Florida’s Fourth District Court of Appeal reversed the summary denial of the appellant’s rule 3.850 motion that alleged her plea was involuntary based upon misadvice from a person posing as an immigration attorney, and remanded for further proceedings. (Rila v. State of Florida, 4/26/17)
Bite-Sized Ethics: Final Orders, Enforcement Priorities, and Moving to Evade Arrest
If a client has a final order of removal and has been reporting to ICE every six months, but was recently arrested for a DUI, they may be a priority for ICE enforcement and removal. In this bite-sized ethics article, learn how to best counsel your client in this difficult situation.
CA4 Says a Virginia Statutory Burglary Does Not Constitute an Aggravated Felony
The court denied the petition for review, holding that the offense of statutory burglary in Virginia does not constitute an aggravated felony under the categorical approach for purposes of immigration law. (Castendet-Lewis v. Sessions, 4/25/17)
Leaked Document: 90-Day Progress Report to the President on EO 13767
On 1/25/17, President Trump signed Executive Order (EO) 13767 that called for a report within 90 days on the progress of the directives contained in the EO. This is a leaked draft of DHS’s 90-day progress report. On 4/12/17, the Washington Post published an article about the assessment.
AILA Summary and Analysis of the DHS Memorandum on Interior Enforcement
AILA provides a detailed summary and analysis of the February 20, 2017, DHS memorandum signed by Secretary Kelly, “Enforcement of the Immigration Laws to Serve the National Interest.” This memorandum implements President Trump's Executive Order on interior enforcement.
BIA Upholds Bond Based on Materially Changed Circumstances
Unpublished BIA decision upholds grant of bond based on materially changed circumstances where respondent attended rehabilitation meetings after DUI conviction and wife provided assurances that she would drive respondent. Special thanks to IRAC. (Matter of M-R-R-A-, 4/25/17)
BIA Finds Aggravated Child Abuse Not Sexual Abuse of a Minor
Unpublished BIA decision holds that aggravated child abuse under Fla. Stat. 827.03 is not sexual abuse of a minor because each subsection applies to conduct that is not sexual in nature. Special thanks to IRAC. (Matter of Petitdor, 4/24/17)
TRAC Report Finds Civil Lawsuits to Redress Immigration Action and Inaction Are Up Under Trump
This TRAC report found that as of the end of March 2017, 763 new civil immigration lawsuits were filed in disputes involving immigration matters since January 20, 2017. Under President Trump, monthly filings were up 40.5 percent when compared with those of the same period in the previous year.
U.S. Commission on Civil Rights Expresses Concern with Immigrants’ Access to Justice
The U.S. Commission on Civil Rights expressed concerns that access to justice is hindered by federal immigration agents following, confronting, and arresting immigrants in state and local courthouses where some of these immigrants were seeking help from authorities and the local justice system.
BIA Clarifies When IJs May “Peek” at a Noncitizen’s Conviction Record
The BIA held that in determining if a statute is divisible, IJs may “peek” at a noncitizen’s conviction record only to discern whether statutory alternatives define “elements” or “means,” provided state law does not otherwise resolve the question. Matter of Chairez, 27 I&N Dec. 21 (BIA 2017)
TRAC Report Finds Immigration Court Post-Trump Cases Show No Increase
This TRAC report found that the latest available court records through the end of March 2017 reveal little observable change in filings since President Trump assumed office. However, because of filing and recording delays, any estimate of overall trends must be considered very preliminary in nature.
AILA Summary of Leaked Document: 90-Day Progress Report to the President on EO 13767
AILA issued a summary of the leaked draft of DHS’s 90-day progress report. On 1/25/17, President Trump signed EO 13767 that called for a report within 90 days on the progress of the directives contained in the EO. On 4/12/17, the Washington Post published an article about the assessment.
BIA Finds Altering Vehicle Document Is Not a CIMT
Unpublished BIA decision holds altering a vehicle document, license, or license plate under Cal. Veh. Code 4463(a)(1) is not a CIMT because it covers simple acts of vandalism. Special thanks to IRAC. (Matter of Garcia Reyes, 4/20/17)
BIA Upholds Bond for Respondent with Two DUI Convictions
Unpublished BIA decision upholds grant of bond to respondent with two DUI convictions, noting he participated in alcohol rehabilitation programs in detention and enrolled in a residential treatment program upon release. Special thanks to IRAC. (Matter of E-C-, 4/20/17)
BIA Holds Iowa Theft Not an Aggravated Felony
Unpublished BIA decision holds that Iowa Code 714.2 is not an aggravated felony theft offense because it encompasses fraudulent takings and the statute is not divisible. Special thanks to IRAC. (Matter of Pizana Madera, 4/20/17)
Chief Justice Stuart Rabner Objects to ICE Arrests at New Jersey Supreme Court
New Jersey Chief Justice Stuart Rabner issued a letter to DHS Secretary John Kelly urging ICE not to arrest individuals who show up for court appearances in state court. The Chief Justice requests that courthouses be added to the list of “sensitive locations” outlined in a 2011 ICE enforcement memo.
Protecting Assets and Child Custody in the Face of Deportation
Appleseed’s Manual will help families develop plans in advance to deal with critical financial and family issues in the event of deportation, arrest, and other family emergencies.
DHS Statement on Former DACA Recipient Juan Manuel Montes-Bojorquez
DHS issued a statement regarding Juan Manuel Montes-Bojorquez, who was removed to Mexico on 2/20/17. DHS stated that he had been approved for DACA but lost his status when he left the United Stated without advance parole prior to his arrest by the U.S. Border Patrol on 2/19/17.
BIA Clarifies Matter of Avetisyan Regarding Administrative Closure
The BIA held that the primary consideration for an IJ in evaluating whether to administratively close or recalendar proceedings is whether the party opposing administrative closure has provided a persuasive reason for the case to proceed. Matter of W-Y-U-, 27 I&N Dec. 17 (BIA 2017)
CA8 Finds BIA Properly Placed Burden on Petitioner to Prove That Statutory Bar to Waiver Relief Did Not Apply
The court held that BIA properly placed on petitioner the burden to prove that the statutory bar to waiver relief in INA §212(a)(3)(E)(iii) did not apply, because petitioner conceded he was removable for willful misrepresentation of a material fact. (Maric v. Sessions, 4/18/17)
CA8 Finds Asylum Applicant Failed to Demonstrate That His Subjective Fear Was Objectively Reasonable
The court held that the Guatemalan petitioner had not demonstrated that his subjective fear of persecution was objectively reasonable, and thus that substantial evidence supported IJ and BIA’s determination that he failed to establish eligibility for asylum. (Lemus-Arita v. Sessions, 4/17/17)
CA9 Finds Petitioner Who Was in the CNMI in 2009 Is Inadmissible Under INA §212(a)(7)
The court held that petitioner, who was in the CNMI when U.S. immigration laws became applicable to the CNMI, was an immigrant who lacked a valid entry document when his continuing application for admission was considered by the IJ during his removal proceeding. (Minto v. Sessions, 4/17/17)
BIA Holds California Petty Theft Not an Aggravated Felony
Unpublished BIA decision holds that petty theft under California Penal Code §§484(a) and 666 is not an aggravated felony theft offense. Special thanks to IRAC. (Matter of Chavez, 4/17/17)