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
Practice Alert: Clarification on Advance Parole Documents for DACA Recipients
In response to concerns raised by AILA’s NSC Liaison Committee, the NSC clarified new language concerning the parole period for travel on Form I-512L for DACA recipients who applied for advance parole. An example I-512L document with this language is included.
Draft Presidential Executive Order: Ending Unconstitutional Executive Amnesties
A leaked version of a presidential Executive order, dated 1/23/17, titled Executive Order Ending Unconstitutional Executive Amnesties. Disclaimer: this is draft only and this Executive Order has not been signed by the President.
EOIR Statement on Erroneous Public Release of Immigration Judge Information
EOIR released a statement regarding its ongoing litigation with AILA regarding the release of information regarding the immigration judge conduct and professionalism program and the publication by an attorney of uncovered data not accessible on the face of the documents.
CA5 Remands for Reconsideration of CAT Claim of Petitioner Whose Family Members Were Murdered by the Zetas Drug Cartel
The court held BIA erred in failing to consider whether petitioner’s evidence of active participation by public officials under color of law showed he was more likely than not to be tortured “by” or with “consent of” government officials. (Iruegas-Valdez v. Yates, 1/23/17, revised 3/24/17)
CA10 Upholds Denial of Asylum to Christian Chinese Petitioner Who Claimed He Was Persecuted for His Religious Beliefs
The court upheld the BIA, finding that the petitioner failed to show that a reasonable factfinder would be compelled to conclude he suffered past persecution, and that the BIA’s finding was supported by substantial evidence and the court’s precedents. (Xue v. Lynch, 11/25/16, amended 1/23/17)
CA9 Says Petitioner’s California Conviction for Witness Tampering Is Not Categorically a CIMT
The court granted the petition for review, finding that petitioner’s California conviction for witness tampering was not a categorical crime involving moral turpitude, because the offense is overly broad and not a categorical match to the generic definition of CIMT. (Duran v. Lynch, 1/20/17)
CA6 Finds Petitioner’s Ohio Conviction for Aggravated Assault Is a CIMT
The court denied the petition for review of the BIA's affirmance of the IJ's removal order, rejecting the petitioner’s argument that his 2012 conviction for aggravated assault in Ohio was not a crime involving moral turpitude. (Lovano v. Lynch, 1/20/17)
CA7 Remands Withholding of Removal Claim of HIV-Positive Petitioner from Honduras
The court found that IJ erred in suggesting that petitioner would be safe in Honduras if he kept secret his HIV status, and also that IJ overlooked key testimony that petitioner would be unable to hide his HIV status and would be persecuted in Honduras. (Velasquez-Banegas v. Lynch, 1/19/17)
BIA Holds Nevada Theft Not an Aggravated Felony Fraud Offense
Unpublished BIA decision holds that theft under Nev. Rev. Stat. 205.0832(1)(b) is not an aggravated felony under INA 101(a)(43)(M)(i) because it does not require fraud or deceit. Special thanks to IRAC. (Matter of Vasquez, 1/19/17)
BIA Administratively Closes Proceedings on Appeal of Denial of Motion to Reopen
Unpublished BIA decision upholds prior decision administratively closing proceedings during appeal of denial of motion to reopen and prohibiting DHS from removing respondent. Special thanks to IRAC. (Matter of Vallecillo-Castillo, 1/19/17)
BIA Orders Further Consideration of Motion to Reopen Sua Sponte
Unpublished BIA decision remands record for further consideration of motion to reopen sua sponte because IJ issued form order failing to address issues raised in the motion. Special thanks to IRAC. (Matter of Musah, 1/18/17)
BIA Rescinds In Absentia Due to Mistyped Address
Unpublished BIA decision rescinds in absentia order because the immigration court mistyped the name of respondent’s street and the hearing notice was returned as undeliverable. Special thanks to IRAC. (Matter of Avelar, 1/18/17)
CA9 Says “A Reason” Standard Should Apply to Claims for Withholding of Removal
The court granted the petition for review, holding that the BIA erred in applying the REAL ID Act’s “one central reason” nexus standard, rather than the less demanding “a reason” standard, to the petitioner’s application for withholding of removal. (Barajas-Romero v. Lynch, 1/18/17)
Sign-On Letter to President-Elect Trump Regarding DACA
On 1/18/17, AILA and 867 other national, state, and local religious, civil rights, ethnic, and immigration rights organizations asked President-Elect Trump to continue DACA.
DHS OIG Update on Improvements Needed for SAVE
DHS OIG provided a report on its verification review to assess the USCIS progress in implementing recommendations from its 2012 report on improvements needed for SAVE to accurately determine immigration status of individuals ordered deported.
AILA and NIJC Policy Brief: ICE's Detainer Program Operates Unlawfully
AILA and NIJC summarize the legal and constitutional requirements governing ICE’s use of detainers and outlines violations of these constraints. AILA and NIJC demand that ICE be held accountable to its governing statute and the Constitution in the design and implementation of its detainer program.
CRS Report: Rescission of the Wet-Foot/Dry-Foot Policy from Cuba Raises Legal Questions
The Obama administration announced certain changes in policy that could make it more difficult for some Cuban citizens or nationals to enter and remain in the United States. This CRS Sidebar provides answers to FAQs about the legal implications of these changes in policy.
Local ICE ERO Office Clarifies Changes to Cuban Immigration Policies
Local ICE ERO provided AILA South Florida with information regarding the changes to Cuban immigration policies announced on 1/12/17. Special thanks to the AILA South Florida Chapter.
TRAC Report Finds Immigration Court Priority Family Case Backlog Surpasses 100,000
This TRAC report found that, as of the end of December 2016, the Immigration Court has 533,909 pending cases. Pending priority cases for families jumped by more than 20 percent and the backlog of these family cases alone totaled 102,342 last month, surpassing 100,000 cases for the first time.
DHS Notice Eliminating Exception To Expedited Removal for Cubans Encountered in the U.S. or Arriving by Sea
DHS notice eliminating the exception to expedited removal authority for Cuban nationals encountered in the United States or arriving by sea. The notice is effective 1/13/17 and comments are due 3/20/17. (82 FR 4902, 1/17/17)
DHS Final Rule Eliminating Exception to Expedited Removal for Cubans Arriving by Air
DHS final rule eliminating the categorical exception from expedited removal proceedings for Cuban nationals who arrive in the U.S. at a port of entry by aircraft. The rule is effective 1/13/17, and comments are due 3/20/17. (82 FR 4769, 1/17/17)
EOIR Final Rule Eliminating Exception to Expedited Removal for Cubans Arriving by Air
EOIR final rule eliminating the categorical exception from expedited removal proceedings for Cuban nationals who arrive in the U.S. at a port of entry by aircraft. The rule is effective 1/13/17 and comments are due 3/20/17. (82 FR 4771, 1/17/17)
CA3 Finds It Lacks Jurisdiction to Review Denial of Sua Sponte Reopening Under “Settled Course” Framework
The court held that, under its “settled course” framework, petitioner neither showed nor allowed the court to reasonably infer that the BIA had constrained its discretion in a way that would allow review of its decision denying his motion to reopen sua sponte. (Park v. Att'y Gen., 1/17/17)
USCIS Provides Guidance for Fee Exemptions for Form I-765 with DACA Requests
USCIS provides guidance for filing for an exemption from the filing fee for a Form I-765 when filed with a request for Consideration of Deferred Action for Childhood Arrivals.
CBP Releases Muster on Changes to Parole and Expedited Removal Policies Specific to Cuban Nationals
CBP released a muster on changes to parole and expedited removal policies specific to Cuban Nationals, after DHS rescinded the parole policy for arriving Cuban nationals, commonly known as “wet-foot/dry-foot” and the Cuban Medical Professionals Parole Program, effective immediately.