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
CA9 Says California Conviction for Second Degree Murder Based on Aiding and Abetting Theory Qualifies as an Aggravated Felony
The court denied the petition for review, holding that the petitioner’s California conviction for second degree murder, based on an aiding and abetting theory, made him removable for having been convicted of an aggravated felony. (Sales v. Sessions, 8/18/17)
BIA Finds Burglary of a Regularly or Intermittently Occupied Dwelling Under Oregon Law Is a CIMT
The BIA held that burglary of a dwelling in violation of section 164.225 of the Oregon Revised Statutes is a crime involving moral turpitude (CIMT), provided that the dwelling is at least intermittently occupied. Matter of J-G-D-F-, 27 I&N Dec. 82 (BIA 2017)
BIA Says U Visa Processing Delays Not Sufficient Basis to Deny Continuance
Unpublished BIA decision orders further consideration of request for continuance pending adjudication of U visa application and states that processing delays by themselves are not a sufficient basis to deny a continuance. Special thanks to IRAC. (Matter of Alvarado-Turcio, 8/17/17)
BIA Holds Minnesota Threats Statute Is Not a CIMT
Unpublished BIA decision holds that making terroristic threats under Minn. Stat. § 609.713, subd. 1 is not a CIMT and that contrary Eighth Circuit decision did not consider whether statute applied to non-turpitudinous conduct. Special thanks to IRAC. (Matter of Ezeobi, 8/17/17)
BIA Vacates Dangerousness Finding Based on Driving Without a License
Unpublished BIA decision holds that IJ erred in finding respondent to be a danger to the community based solely on three arrests for driving without a license. Special thanks to IRAC. (Matter of E-S-, 8/17/17)
ICE Settles Case Challenging Interference with Legal Representation at Dilley
The parties in Dilley Pro Bono Project v. ICE reached a settlement ensuring access to mental health evaluations for detained asylum-seeking mothers and children. The case was filed after ICE barred a full-time legal assistant with the pro bono project from entering the Dilley facility.
CA1 Says Third-Degree Larceny Under Connecticut Law Is an Aggravated Felony
The court denied the petition for review, holding that the petitioner’s conviction for third-degree larceny under Conn. Gen. Stat. §53a-124 constituted a “theft offense” aggravated felony under the INA. (De Lima v. Sessions, 8/16/17)
Alternatives to Detention Handbook - Intensive Supervision Appearance Program
ICE provides an Alternatives to Detention (ATD) handbook on the Intensive Supervision Appearance Program (ISAP) that provides detailed protocols, charts, and sample forms for applying ICE Enforcement and Removal Operations ATD programs.
Resources on Lawsuit Challenging ICE Policy on Telephonic Mental Health Evaluations
Resources related to Dilley Pro Bono Project v. ICE, a lawsuit filed by the American Immigration Council, CLINIC, and Sullivan & Cromwell challenging ICE’s policy of requiring pre-approval for telephonic mental health evaluations for detainees at the South Texas Family Residential Center.
ICE Guidance to OPLA Attorneys Regarding Immigration Enforcement
Obtained via FOIA by BuzzFeed, ICE issued guidance on 8/15/17 from ICE Principal Legal Advisor Tracy Short to all OPLA attorneys. This memo implements President Trump’s 1/25/17 Executive Order 13768 and Secretary of Homeland Security Kelly’s 2/20/17 memo on interior enforcement.
BIA Holds Oklahoma Possession with Intent to Distribute Statute Is Not an Aggravated Felony
Unpublished BIA decision holds possession of cocaine with intent to distribute under 63 Okla. Stat. 2-401-2-420 isn’t an aggravated felony as it requires neither unlawful trading or dealing nor knowledge of the substance’s illicit nature. Special thanks to IRAC. (Matter of Gonzalez, 8/14/17)
EOIR Swears in Nine Immigration Judges
The Executive Office for Immigration Review (EOIR) announced the investiture of nine new immigration judges (IJs) to fill positions in Bloomington, MN.; Boston; Cleveland; Harlingen, TX; New York; San Antonio; and San Francisco. A streamlined hiring process is being used to reach a total of 384 IJs.
Sign-On Letter from Law Scholars Urges Trump to Preserve DACA
On 8/14/17, a group of 104 law scholars sent a letter to President Trump on the legality of the Deferred Action for Childhood Arrivals (DACA) program, which has come under attack in recent weeks.
BIA Sustains Appeal, Finding Possession with Intent Is Not an Aggravated Felony
Unpublished BIA decision sustained the respondent’s appeal and remanded to determine eligibility for cancellation of removal, concluding that possession with intent is not an aggravated felony under Oklahoma statute. Courtesy of Arash Varshosaz. (Matter of Gonzalez, 8/14/17)
CA4 Vacates Immigration Fraud Conviction Due to Judge’s Negative Comments Regarding Diversity Visa Program
The court vacated the immigration fraud conviction of the appellee, who entered the U.S. through the Diversity Immigrant Visa Program, finding that the judge’s negative comments about the program improperly influenced the jury. Courtesy of Jorgelina Araneda. (United States v. Lefsih, 8/14/17)
USCIS Provides Q&As from Asylum Division Quarterly Stakeholder Meeting (8/11/17)
USCIS provides Q&As from the 8/11/17 Asylum Division stakeholder meeting. Topics discussed included TRIG cases, biometrics notices, post-interview delays, I-94s for defensive asylees, unaccompanied children, gang-related questions, attorney interaction during interviews, and more.
Sign-On Letter Calling on DHS Secretary to Stop Raids on UAC’s and Their Sponsors
On 8/10/17, AILA joined 376 organizations in urging Acting DHS Secretary Duke to cease the ICE raids on unaccompanied children and their sponsors. The letter cites the negative effects raids have on communities, including reduced engagement with local law enforcement.
Guide to Responding to Inappropriate Immigration Judge Conduct
On 8/10/17, Catholic Legal Immigration Network (CLINIC) issued a new practitioner’s guide. The guide gives information about the range of options available when inappropriate immigration judge (IJ) conduct occurs, including how to file a complaint with the EOIR.
BIA Termination Refiling of Same NTA
Unpublished BIA decision upholds IJ decision terminating proceedings for second time because second NTA contained same charge alleged in first NTA and because DHS failed to submit evidence during the first round of proceedings. Special thanks to IRAC. (Matter of Kurremula, 8/10/17)
CA4 Says Individuals Subject to Reinstated Removal Orders May Not Apply for Asylum
The court held that an individual subject to a reinstated removal order is ineligible to seek asylum, finding that by enacting the reinstatement bar, Congress intended to preclude individuals subject to reinstated removal orders from applying for asylum. (Calla Mejia v. Sessions, 8/9/17)
CA4 Says North Carolina Deferred Prosecution Agreement Qualified as a “Conviction” Under the INA
The court denied the petition for review, holding that the BIA properly found the petitioner removable and inadmissible on the basis of his North Carolina deferred prosecution agreement for soliciting a child by computer to commit a sex act. (Boggala v. Sessions, 8/9/17)
CA9 Says Oregon Conviction for Delivery of a Controlled Substance Is Not an Aggravated Felony
The court granted the petition for review, holding that the petitioner’s conviction for delivering heroin under Oregon Revised Statutes §475.992(1)(a) was not an aggravated felony. (Sandoval v. Sessions, 1/27/17, amended 8/8/17)
CA9 Finds Record of Conviction Inadequate to Determine Whether Petitioner Was Convicted of a CIMT
The court granted the petition for review of BIA’s decision finding petitioner ineligible for cancellation of removal, holding that the record of conviction was inadequate to determine whether he was convicted of a crime involving moral turpitude. (Lozano-Arredondo v. Sessions, 8/8/17)
EOIR Releases Data on Orders of Removal, Voluntary Departures, and Final Decisions
EOIR released limited data from 2/1/17 through 7/31/17 on orders of removal, voluntary departure, and final decisions. Total orders of removal are up 27.8% from the same time period in 2016. Notice notes that DOJ has hired 54 additional immigration judges since President Trump took office.
SPLC Issues Letter with Serious Concerns Regarding Stewart Immigration Court
The Southern Poverty Law Center (SPLC) sent a letter to EOIR on the conduct of immigration judges and court personnel at the Stewart Immigration Court that break the rules of professional conduct and violate the due process of detainees. Letter includes recommendations and corrective measures.