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BIA Orders IJ to Provide Parties Copy of Unpublished Decision
Unpublished BIA decision remands case for further consideration and orders immigration judge to provide the parties with a copy of an unpublished Board decision on which he relied. Special thanks to IRAC. (Matter of Jasso Arangure, 4/7/17)
BIA Holds Entry as Temporary Resident Constitutes “Admission”
Unpublished BIA decision holds that respondent was “admitted” by entering the country as a temporary resident and remained “admitted” after his temporary status expired. Special thanks to IRAC. (Matter of Gomez, 4/6/17)
FOIA Response: Booz Allen Hamilton Report on Immigration Courts (4/6/17)
On 4/11/18, AILA and the Council received a response to an EOIR FOIA request. The response included a partially redacted copy of a report titled “Legal Case Study: Summary Report.” The report was written by Booz, Allen, Hamilton after a year-long study of the immigration court system.
BIA Says Sexual Offense in Violation of Statute Enacted to Protect Minors Is a CIMT in Certain Circumstances
The BIA held that a sexual offense in violation of a statute enacted to protect children is a crime involving moral turpitude where the victim is under 14 or a significant age difference exists between the perpetrator and a victim under 16. Matter of Jimenez-Cedillo, 27 I&N Dec. 1 (BIA 2017)
AILA/USCIS Meeting Questions and Answers (4/6/17)
Q&As from the 4/6/17 liaison meeting with AILA and USCIS HQ. Topics include executive orders on immigration, attorney representation issues, H-1B validity periods, ACICS, FCCPT, visa revocation, CSPA, and more.
AILA ICE Liaison Committee Meeting Q&As (4/6/17)
Official Q&As from the 4/6/17 AILA liaison meeting with ICE. Topics include information on staffing and organizational updates, enforcement memos, directives, prosecutorial discretion, detention, bond, detainers, parole, DACA, VOICE, and post order issues.
President Trump’s Massive Enforcement Plan: Wasteful and Ineffective
AILA issued “President Trump’s Massive Enforcement Plan: Wasteful and Ineffective,” providing analysis of the President’s plan to build the border wall, hire more deportation agents, increase immigration detention, and increase prosecutions of those who cross the border illegally.
CA1 Finds Petitioner Did Not Derive U.S. Citizenship Through His Mother’s Naturalization Under Former INA §321(a)(3)
The court concluded that the petitioner failed to meet his burden of proving that he is a U.S. citizen, and that the jurisdictional bar in INA §242B(5)(A) applied and precluded judicial review of the final order of removal against him. (Miranda v. Sessions, 4/5/17)
CA7 Finds BIA Did Not Err in Denying a Remand for Petitioner to Present New Evidence
The court held that petitioner did not demonstrate he was denied due process of law by IJ’s considering his asylum claim, and that BIA properly found that petitioner’s additional submissions on appeal did not meet the requirements for a motion to remand. (Barragan-Ojeda v. Sessions, 4/5/17)
BIA Terminates Proceedings Following Issuance of Certificate of Citizenship
Unpublished BIA decision reinstates and terminates proceedings that were previously ordered administratively closed because respondent was issued a Certificate of Citizenship. Special thanks to IRAC. (Matter of Howie, 4/5/17)
Acting Deputy Attorney General Issues Memo on Immigration Judge Hiring Process
On October 18, 2018, Human Rights First obtained the Attorney General’s April 2017 memorandum that outlined changes to the immigration judge hiring process.
BIA Holds California Voluntary Manslaughter Is Not a Crime of Violence
Unpublished BIA decision holds that voluntary manslaughter under California Penal Code § 192(a) is not an aggravated felony crime of violence because a person can be convicted based upon reckless conduct. Special thanks to IRAC. (Matter of Alvarado, 3/30/17)
Attorney General Sessions Announces Expansion and Modernization of Program to Deport Criminal Aliens Housed in Federal Correctional Facilities
The DOJ expanded the Institutional Hearing Program (IHP) to 14 Bureau of Prisons (BOP) and 6 BOP contract facilities. The IHP identifies removable criminal aliens at federal correctional facilities, provides in-person and VTC removal proceedings, and removes the individual at end of the sentence.
Credible Fear Lesson Plans Comparison Chart
Comparison chart analyzing USCIS Asylum Office’s Credible Fear Lesson Plans for 2006, 2014, and 2017. Special thanks to Angela Edman and Dree Collopy.
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)