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 Conviction for Carrying Concealed Firearm Not a Firearms Offense
Unpublished BIA decision terminates proceedings upon finding that carrying a concealed firearm in a vehicle under California Penal Code 12025(a)(1) is not a firearms offense. Special thanks to IRAC. (Matter of Bonilla, 3/29/17)
BIA Holds Virginia Statutory Burglary Is Not an Aggravated Felony
Unpublished BIA decision holds that burglary under Va. Code Ann. §§ 18.2-91 is not aggravated felony crime of violence or theft offense because statute is not divisible, and prior counsel provided ineffective assistance by conceding charge. Special thanks to IRAC. (Matter of H-M-F-, 3/29/17)
USCIS FOIA Response with Guidance Related to Emergency Advance Parole
In response to AILA’s FOIA request, USCIS provides a portion of the USCIS CHAP (Policy Manual), last updated in March 2017, that includes guidance on emergency advance parole and advance parole in general. Please note USCIS no longer approves advance parole requests relating to DACA cases.
S.748: Protecting the Rights of Families and Immigrants Who Legally Entered From Detention Act
On 3/28/17, Senators Menendez (D-NJ) and Harris (D-CA) introduced the Protecting the Rights of Families and Immigrants Who Legally Entered from Detention Act, which would rescind EO 13768 and protect against unlawful detentions and prohibit racial profiling by law enforcement or agencies.
CA7 Finds BIA Erred in Ignoring Petitioner’s Evidence of Materially Changed Conditions in Sudan and South Sudan
The court vacated the BIA’s decision and remanded, finding that in denying petitioner’s motion to reopen, the BIA ignored the petitioner’s evidence of growing violence in South Sudan, and evidence that he would be in danger if he were to be removed. (Arej v. Sessions, 3/28/17)
CA2 Finds There Is No Constitutional Requirement to Weigh the Proportionality of Removal Against the Grounds for Removability
The court denied the petition for review, holding that there was no merit to the petitioner’s claim that the BIA was constitutionally required to consider whether his removal was proportionate to the noncriminal grounds for removability. (Marin-Marin v. Sessions, 3/27/17)
USCIS PowerPoint Presentation on the Case Inquiry Process for DACA Renewals
USCIS provided a PowerPoint presentation with an overview of customer service tools and mechanisms to submit an inquiry about a DACA renewal case. This included a summary of the process to create online accounts, how to submit case status inquiries, and how to escalate a case inquiry with USCIS.
BIA Reopens Proceedings for DACA Grantee
Unpublished BIA decision reopens proceedings for DACA grantee who was married to a U.S. citizen and was the beneficiary of an approved visa petition. Special thanks to IRAC. (Matter of Villagrana-Robles, 3/27/17)
BIA Overturns IJ’s Adverse Credibility Finding and Grants Asylum to Guatemalan Respondent on Humanitarian Grounds
Unpublished BIA decision holds respondent’s statements during her initial arrest by DHS that she did not fear returning to Guatemala and her failure to inform the border patrol agent of past abuse was not sufficient to find her not credible. Courtesy of Bradley Jenkins. (Matter of -, 2/24/17)
EOIR Provides Information for Two New Hearing Locations
EOIR released a notice with information on two new hearing locations: Cibola Detention Center, Milan, N.M. and Prairieland Detention Center, Alvarado, Texas. Immigration judges will be prepared to hear cases in these locations March 27, 2017.
CA9 Says Conditional Permanent Resident with Aggravated Felony Conviction Is Not Eligible for §212(h) Waiver
The court denied the petition for review, holding that that those who are admitted as permanent residents on a conditional basis are not eligible for a waiver of inadmissibility pursuant to INA §212(h) if they are convicted of an aggravated felony. (Eleri v. Sessions, 3/24/17)
CA8 Finds BIA Did Not Abuse Its Discretion in Refusing to Reopen Petitioner’s Removal Proceeding
The court denied the petition for review, holding that the petitioner failed to develop an argument explaining why his failure to appear was because of exceptional circumstances within the meaning of INA §240(b)(5)(C). (Alvarado-Arenas v. Sessions, 3/22/17)
AILA’s Questions Submitted to EOIR in Advance of Stakeholder Meeting Scheduled for 4/5/17
AILA’s EOIR Liaison Committee submitted questions to EOIR on 3/22/17 in anticipation of the EOIR stakeholder meeting that was scheduled for 4/5/17. On 4/3/17, EOIR cancelled this stakeholder meeting. EOIR has not yet responded to AILA’s questions.
BIA Confirms Maryland Theft Statute Is Not Divisible
Unpublished BIA decision confirms that Supreme Court’s decision in Mathis did not affect its earlier decision that theft under Maryland Criminal Code § 7-104 was not divisible, and thus never an aggravated felony theft offense. Special thanks to IRAC. (Matter of Sama, 3/22/17)
CA6 Finds BIA Improperly Required Petitioner to Prove He Was Not Under Surveillance When He Entered the United States
The court held that the government was required to show that petitioner was under surveillance from the time he crossed the border until border agents apprehended him, and remanded for BIA to further consider petitioner’s eligibility for special rule cancellation. (Lopez v. Sessions, 3/21/17)
BIA Overturns IJ's Denial of Request For Waiver of Inadmissibility
Unpublished BIA decision overturns IJ’s discretionary denial of request for waiver of inadmissibility after determining that some of the negative factors that informed the denial were based on speculation and conjecture. Courtesy of Rebecca Kitson. (Matter of -, 3/20/17)
Sign-On Letter Urging Congress to Not Fund President Trump’s Mass Deportation Plan and Border Wall
On 3/23/17, AILA joined over 400 organizations from the progressive and faith-based communities urging congressional leadership to not fund President Trump’s mass deportation plan and border wall.
CA2 Finds Dominican Petitioner Born to Unwed Parents Is Not Eligible for Derivative Citizenship Through His Father’s Naturalization
The court denied the petition for review, holding that the Dominican LPR petitioner was not a “child” eligible for derivative citizenship through his father’s naturalization, because he was not “legitimated” within the meaning of former INA §321(a). (Gil v. Sessions, 3/17/17)
EOIR Provides New Hearing Location Details
As EOIR continues implementation of EO 13767, immigration judges will begin to serve details on 3/20/17. Immigration judges in these six locations – Dilley, TX; Jena, LA.; Karnes City, TX; Laredo, TX; Chaparral, NM; and Livingston, TX – join judges detailed to Adelanto, CA and Otay Mesa, CA.
Staining America’s Image
Tuesday night, I spoke at a “Know Your Rights“ event in Tucson, Arizona, to a large group of concerned and fearful refugees from all over the world, including countries such as Iraq, Eritrea, Ethiopia and Somalia. Afterward, I spoke individually to several of the attendees who expressed anguis
Report from the Sentencing Project: Immigration and Public Safety
The Sentencing Project released a report with a survey of key research on immigration and crime, and seeks to enable the public and policymakers to engage in a more meaningful policy debate rooted in facts. Immigrants—regardless of legal status—commit crimes at lower rates than native-born citizens
Chief Justice Cantil-Sakauye Objects to Immigration Enforcement Tactics at California Courthouses
California Chief Justice Cantil-Sakauye issued a letter to Attorney General Sessions and DHS Secretary Kelly expressing her deep concern about reports from trial courts that immigration agents appear to be “stalking undocumented immigrants in our courthouses to make arrests.”
BIA Vacates Denial of Adjustment Application Due to Missing Signature of Civil Surgeon
Unpublished BIA decision finds IJ improperly denied adjustment application due to missing signature on Form I-693 because respondent had no control over the defect. Special thanks to IRAC. (Matter of Gonzalez, 3/15/17)
BIA Finds DHS Failed to Demonstrate Amount of Marijuana Was Over 30 Grams
Unpublished BIA decision holds that DHS failed to establish that respondent possessed more than 30 grams of marijuana where only evidence was respondent’s own testimony estimating amount of space marijuana occupied inside plastic bags. Special thanks to IRAC. (Matter of Marsh, 3/14/17)
Practice Alert: Advising Clients on the Future of DACA
AILA provides a practice alert outlining issues members should take into consideration when advising clients or potential clients on the future of the Deferred Action for Childhood Arrivals (DACA) initiative under the Trump administration.