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 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Unpublished BIA decision holds altering a vehicle document, license, or license plate under Cal.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Unpublished BIA decision upholds grant of bond to respondent with two DUI convictions, noting he participated in alcohol rehabilitation programs in detention and enrolled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Unpublished BIA decision holds that Iowa Code 714.2 is not an aggravated felony theft offense because it encompasses fraudulent takings and the statute is not divisible.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)
ICE Enforcement in Courthouses is a Dangerous Mistake
Immigration and Customs Enforcement (ICE) has been stepping up its enforcement operations, this time in and around courthouses. There have been reports of ICE officers increasingly showing up in courthouses across the country to arrest unsuspecting immigrants. This is a misguided policy…and a
BIA Holds Florida Burglary of a Structure Is Not a CIMT
Unpublished BIA decision holds that burglary of a structure under Fla. Stat. §§ 810.02(1) and (4) is not a CIMT because it does not require an intent to commit a CIMT. Special thanks to IRAC. (Matter of Vincent, 4/14/17)
BIA Says Assault with a Deadly Weapon in California Is Categorically a CIMT
Distinguishing Ceron v. Holder, the BIA held that assault with a deadly weapon or force likely to produce great bodily injury under California law is categorically a crime involving moral turpitude. Matter of Wu, 27 I&N Dec. 8 (BIA 2017)
DHS OIG Report on ICE Deportation Operations
The DHS Office of Inspector General (OIG) released a repost finding that ICE does not effectively manage the deportation of undocumented immigrants who are no longer detained, but are under its supervision. ICE concurred with the five recommendations made and initiated corrective actions.
Kids These Days
A child can be sweet, mad, smart, hilarious, whiny, silly, or sad. A child can be an angel, a terror, a silly goose, Captain America, Wonder Woman, a kitty cat, or a Tyrannosaurus Rex. A child cannot be an immigration lawyer. And yet… In immigration courts across the United States, every singl
AG Sessions Announces Additional Hiring of IJs in 2017 and 2018
While announcing a “renewed commitment” to criminal immigration enforcement, Attorney General Jeff Sessions revealed that DOJ will add 50 more IJs to the bench in 2017 and 75 in 2018. He also highlighted DOJ’s plan to streamline its hiring of IJs in order to reduce backlogs in immigration courts.
DOJ Memo Stating Renewed Commitment to Criminal Immigration Enforcement
DOJ issued a memorandum for all federal prosecutors that renewed the commitment to criminal immigration enforcement, outlined the immigration offenses that should be given priority, and called for each District to designate a Border Security Coordinator by 4/18/17.
DOJ’s Immigration Court Practice Manual (Updated on 4/11/17)
The Office of the Chief Immigration Judge updated its Immigration Court Practice Manual regarding defensive and lodged asylum applications. The Practice Manual is a comprehensive guide that sets forth uniform procedures, recommendations, and requirements for practice before the Immigration Courts.
EOIR Swears in 14 Immigration Judges
EOIR swears in 14 immigration judges, including Justin F. Adams, Edward M. Barcus, Paula J. Donnolo, Lauren T. Farber, Paul M. Habich, Cara O. Knapp, Maria Lurye, Anthony E. Maingot, Sarah B. Mazzie, Matthew E. Morrissey, An Mai Nguyen, Sean D. Santen, Stuart A. Siegel, and Gwendylan E. Tregerman.
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 4/1/17 and ending 6/30/17, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.61 per centum per annum. (82 FR 17332, 4/10/17)
EOIR Notice of Change in Jurisdiction for Cases Originating in Idaho and Montana
Notice from EOIR that it has realigned resources in the field, and that jurisdiction over all immigration cases originating in Idaho and Montana will transfer from the Portland, Oregon, Immigration Court to the Salt Lake City, Utah, Immigration Court, as of 4/17/17.