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 Reverses BIA’s Determination That Salvadoran Petitioner Failed to Show Persecution on Account of Her Family Membership
The court granted the petition for review, holding that the BIA abused its discretion in affirming the IJ’s clearly erroneous factual finding that the Salvadoran petitioner was not targeted by the MS-13 gang on account of her family membership. (Zavaleta-Policiano v. Sessions, 9/13/17)
DHS Announces Implementation of Visa Sanctions on Four Countries
DHS announced, in coordination with DOS, the implementation of visa sanctions on Cambodia, Eritrea, Guinea, and Sierra Leone due to a lack of cooperation in accepting their nationals who were ordered removed from the United States. Specific sanctions are effective 9/13/17.
AILA Issues Vote Recommendation on H.R. 3697
AILA urges members of Congress to vote NO on Representative Barbara Comstock’s (R-VA) Criminal Alien Gang Member Removal Act, which would amend the INA’s grounds of inadmissibility and deportability for those associated with criminal gangs, as well as amend the INA’s definition of a gang member.
BIA Vacates Aggravated Felony Fraud Finding Based on Award of Restitution
Unpublished BIA decision holds that DHS failed to demonstrate that the loss to the victim exceeded $10,000 because Florida permits awards of restitution for damages indirectly caused by the offense. Special thanks to IRAC. (Matter of M-G-G-, 9/13/17)
BIA Holds Florida Statute Is Not a CIMT
Unpublished BIA decision holds that transaction with a minor under Kent. Rev. Stat. 530.065 is not a CIMT. Special thanks to IRAC. (Matter of E-T-, 9/13/17)
BIA Holds New York Third Degree Burglary Is Not an Aggravated Felony
Unpublished BIA decision holds that third-degree burglary under N.Y. Penal Law 140.20 was not an aggravated felony burglary offense because it criminalizes unlawful entry into an enclosed motor vehicle. Special thanks to IRAC. (Matter of Kapanadza, 9/12/17)
USCIS Provides Chart Explaining DACA Rescission Announcement
USCIS provides a chart explaining the 2017 DACA rescission announcement and what it means for the different groups of impacted individuals.
Immigration Law Advisor, August-September 2017 (Vol. 11, No. 6)
The August-September 2017 issue includes an in memoriam to Juan P. Osuna, an article on the phrase “public official or other person acting in an official capacity” under the Convention Against Torture, as well as summaries of recent circuit court decisions and BIA precedent decisions.
American Council on Education Urges Congress to Protect Dreamers
On 9/12/17, the American Council on Education (ACE), represented 77 other organizations in a sign-on letter to congressional leadership. The organizations urged Congress to pass legislation protecting Dreamers as soon as possible.
CA5 Says Conviction for Evading Arrest in Texas Is Not Categorically a Crime Involving Moral Turpitude
The court held that the petitioner’s conviction for evading arrest under Texas Penal Code §38.04 was not categorically a crime involving moral turpitude rendering him ineligible for cancellation of removal under INA §240A(b)(1). (Laryea v. Sessions, 9/12/17)
BIA Terminates Proceedings Against Respondent Convicted of Burglary
In an unpublished decision, the BIA sustained the respondent’s appeal and finds that the respondent’s conviction for burglary in the third degree under N.Y. Penal Law §140.20 is not an aggravated felony within the meaning of the INA. Courtesy of Fausto Falzone.
Facing the Pro Bono Challenge Head On – One Perspective
Pro bono work is important. But, maybe keeping your practice afloat while following your conscience to increase your pro bono work is something you struggle with, too. Thinking outside the box of pro bono can help you figure out what YOU can do.
CA10 Finds BIA Erred in Denying Chinese Christian Petitioner’s Motion to Reopen Based on Changed Country Conditions
The court held that a significant increase in the level of persecution constitutes a material change in country conditions for purposes of INA §240(c)(7)(C), and found that the BIA abused its discretion by denying the petitioner’s motion to reopen. (Qiu v. Sessions, 9/11/17)
California and Three Other States File Lawsuit Challenging DACA Rescission
California, together with Maine, Maryland, and Minnesota, filed a lawsuit asking the district court to enjoin the government from rescinding DACA and from using information obtained in DACA applications and renewal requests for immigration enforcement purposes. (California v. DHS, 9/11/17)
Former Education Secretaries Condemn DACA Repeal
On 9/8/17, five former Secretaries of Education under the Obama, Bush, and Clinton administrations wrote a bipartisan letter to congressional leadership condemning the repeal of DACA. They implored Congress to quickly act to protect DACA recipients by passing the Dream Act as soon as possible.
CA1 Upholds Denial of Motion to Reopen Sua Sponte Where Petitioner Raised Mistranslation-Based Due Process Claim
The court held that the petitioner failed to explain his delay in offering his mistranslation-based due process argument, had not shown that exceptional circumstances warranted reopening his case, and could not state a colorable due process claim. (Ramirez Matias v. Sessions, 9/8/17)
The U.S. Commission on Civil Rights Condemns Ending of DACA
On 9/8/17, the U.S. Commission on Civil Rights (USCCR) released a statement following President Trump’s decision to end DACA. The agency called it “a step backward for our country…. [and] a tremendous blow to the personal dreams and ambitions that DREAMers have been working towards.”
CRS Legal Sidebar: The End of the Deferred Action for Childhood Arrivals Program
The Congressional Research Service provides a Legal Sidebar on the immediate takeaways from the 9/5/17 announcement that the DACA program would be phased out over a six-month period.
Resources on the Lawsuit Challenging DAPA and DACA Expansion
The district court issued an order stating that the states’ 9/5/17 notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A) was ineffective to dismiss the case. The parties were granted leave to file a different form of dismissal motion. (Texas v. United States, 9/8/17)
H.R. 3697: Criminal Alien Gang Member Removal Act
On 9/7/17, Representative Barbara Comstock (R-VA) introduced the Criminal Alien Gang Member Removal Act (H.R. 3697), which would amend the INA’s grounds of inadmissibility and deportability for those associated with criminal gangs, as well as amend the INA’s definition of a gang member.
H.R. 3695: Protect DREAMer Confidentiality Act of 2017
On 9/7/17, Representatives Beto O’Rourke (D-TX) and Mike Coffman (R-CO) introduced the Protect DREAMer Confidentiality Act of 2017 (H.R. 3695), which would ensure the information DACA applicants provide the U.S. government is not used against them for immigration enforcement.
ICE Statement Regarding Questions on Enforcement Planning
ICE released a statement that “Due to the current weather situation in Florida and other potentially impacted areas, along with the ongoing recovery in Texas…. There is currently no coordinated nationwide operation planned at this time.”
BIA Finds Aiding and Abetting in a Robbery Under California Law Is an Aggravated Felony
The BIA held that robbery under §211 of the California Penal Code, which includes the element of asportation of property, is categorically an aggravated felony theft offense under the INA, regardless of whether a violator merely aided or abetted. Matter of Delgado, 27 I&N Dec. 100 (BIA 2017)
CA10 Says Noncitizens with Reinstated Removal Orders Are Not Eligible for Asylum
The court held that the Attorney General’s interpretation of the “withholding-only rule” to mean that illegal reentrants with reinstated removal orders are not eligible for asylum was reasonable and entitled to Chevron deference. (R-S-C v. Sessions, 9/6/17)
CA3 Finds Bangladesh National Party Is Not a Tier III Terrorist Organization
The court found that unless the BIA finds that party leaders authorized terrorist activity committed by its members, an entity such as the Bangladesh National Party cannot be deemed a Tier III terrorist organization. (Uddin v. Att’y Gen., 9/6/17)