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
CA1 Finds Substantial Evidence Supported BIA’s Reliance on Asylum Applicant’s DHS Interview
The court held that substantial evidence supported the adverse credibility determination, finding that BIA and IJ did not err in relying on petitioner’s DHS Interview, during which petitioner omitted any mention of past persecution or a fear of future persecution. (Xian Jing v. Lynch, 1/4/17)
BIA Finds Michigan Statute Not an Aggravated Felony Involving Child Pornography
Unpublished BIA decision holds that Mich. Comp. Laws 750.145c(4) is not an aggravated felony involving child pornography because it does not require perpetrators to know the persons in the images are minors. Special thanks to IRAC. (Matter of Mandujano, 1/4/17)
CA7 Reverses Finding That Petitioner’s Asylum Application Was Frivolous
The court found that substantial evidence supported the IJ’s and BIA’s conclusions that the petitioner was not credible, but held that substantial evidence did not support a finding that petitioner deliberately fabricated material elements of his asylum application. (Wang v. Lynch, 1/3/17)
CA7 Reverses Denial of Asylum to Petitioner Who Claimed She Suffered Persecution Under China’s Family Planning Policies
The court found that the IJ failed to make a finding as to whether the Chinese petitioner actually had at least one forced abortion in China, which would have automatically entitled her to a rebuttable presumption of a well-founded fear of future persecution. (Xiang v. Lynch, 1/3/17)
Practice Alert: Communicating with Local ICE Office of Chief Counsel
AILA’s ICE Liaison Committee provides a practice alert explaining how AILA members should follow up if they experience a lack of access or resistance when communicating with ICE OCC attorneys.
DHS Releases Statistics on FY2016
DHS released its end of FY2016 statistics on the department’s immigration enforcement efforts. In FY2016, DHS apprehended 530,250 individuals nationwide and conducted a total of 450,954 removals and returns.
Georgia State Court Finds DACA Students Can Pay In-State Tuition in Georgia
The court ordered members of the University System of Georgia’s Board of Regents to apply the federal definition of “lawful presence” as it relates to students who are DACA recipients and to grant them in-state tuition status. Special thanks to Charles Kuck. (Hernandez v. Alford, 12/30/16)
DHS Releases the Annual Flow Report on Immigration Enforcement for 2016
DHS stated that its immigration enforcement components adhered to the priorities set forth in Secretary Johnson’s 11/20/14 memo with 98% of initial enforcement actions during FY2016 involving individuals who were classified within one of the three enforcement priority categories.
DHS Releases the Annual Flow Report on Immigration Enforcement for 2015
DHS stated that its immigration enforcement components adhered to the priorities set forth in Secretary Johnson’s 11/20/14 memo with 97% of initial enforcement actions during FY2015 involving individuals who were classified within one of the three enforcement priority categories.
CBP Releases its Border Security Report for FY2016
CBP released a report on border security during FY2016, with total apprehensions by Border Patrol equaling 415,817. In FY2016, 59,757 unaccompanied children and 77,857 family units were apprehended. Report notes that CBP purchased 87 body-worn or vehicle-mounted cameras at the end of FY2016.
Immigration Law Advisor, December 2016 (Vol. 10, No. 9)
The December 2016 issue of Immigration Law Advisor includes an article on what Johnson v. United States might mean for the INA’s crime of violence aggravated felony provision, as well as summaries of circuit court decisions from November 2016 and BIA precedent decisions.
CA9 Upholds Denial of Asylum to Mongolian Whistleblower
Applying the three-factor framework of Matter of N–M–, the court denied the petition brought by a Mongolian citizen who sought asylum and other relief based on his whistleblowing of corruption by a privately-owned former employer. (Lkhagvasuren v. Lynch, 7/13/16, amended 12/30/16)
Secretary Johnson Letter to the Congress on Safeguarding DACA Applicant Information
DHS Secretary Johnson sent a 12/30/16 letter to Congress regarding the use of personal identifying info of DACA applicants, stating, “DHS has consistently made clear that information… would be safeguarded from other immigration-related purposes…these representations… must continue to be honored.”
CA1 Upholds Finding That Honduran Asylum Applicant Failed to Submit Adequate Corroborating Evidence
The court denied the petition for review, holding that the asylum applicant petitioner, a Honduran national, failed to submit readily available corroborating evidence, and thus did not carry his burden of proving eligibility for relief. (Rivera-Coca v. Lynch, 12/30/16)
CA7 Finds Petitioner Failed to Exhaust Administrative Remedies Where IJ Did Not Advise Him of Voluntary Departure
The court denied the petition for review, holding that petitioner failed to exhaust his administrative remedies, because his pro se appeal to the BIA did not raise the argument that the IJ had failed to inform him of the possibility of voluntary departure. (Chavarria-Reyes v. Lynch, 12/30/16)
FY2016 ICE Enforcement and Removal Operations Report
ICE released a report summarizing ICE’s Enforcement and Removal Operations (ERO) FY2016 removal activities. ICE conducted more removals in FY2016 than in FY2015 due to a combination of increased state and local cooperation through PEP and increased border interdictions by CBP.
BIA Remands Record Because IJ Failed to Address Request for Administrative Closure
Unpublished BIA decision remands record because IJ issued summary order of removal without addressing respondent’s request for administrative closure. Special thanks to IRAC. (Matter of Antiveros, 12/30/16)
BIA Holds California Fleeing Peace Officer Not a CIMT
Unpublished BIA decision holds that fleeing or eluding a pursuing peace officer under Cal. Veh. Code 2800.2 is not a CIMT. Special thanks to IRAC. (Matter of Phan, 12/30/16)
BIA Says Crime of Perjury Is An Aggravated Felony
The BIA concluded that the crime of perjury in violation of section 118(a) of the California Penal Code is categorically an offense relating to perjury under section 101(a)(43)(S) of the INA and therefore is an aggravated felony. Matter of Alvarado, 26 I&N Dec. 895 (BIA 2016)
A Guide to Assisting Asylum-Seekers with In Absentia Removal Orders
The Asylum Seeker Advocacy Project (ASAP) at the Urban Justice Center and CLINIC prepared a guide on Motions to Rescind and Reopen for advocates working to prevent the deportation of families who crossed the U.S.-Mexico border seeking asylum and have been ordered removed in absentia by an IJ.
BIA Finds NTA That Respondent Never Received Does Not Trigger Stop-Time Rule
Unpublished BIA decision holds that period of continuous physical presence was not stopped by service of an NTA that respondent never received as reflected by subsequent rescission of in absentia order of removal. Special thanks to IRAC. (Matter of Lucero, 12/27/16)
BIA Orders SIJS Case Heard by New IJ on Remand
Unpublished BIA decision holds that IJ denied respondent the opportunity to request continuance to seek SIJS and orders case to be heard by different IJ due to concerns about the fairness of the proceedings. Special thanks to IRAC. (Matter of W-L-A-M-, 12/23/16)
S. 3542: Bar Removal of Immigrants Who Dream and Grow the Economy
On 12/9/16, Senators Lindsey Graham (R-SC), Dick Durbin (D-IL), Lisa Murkowski (R-AK), Dianne Feinstein (D-CA), Jeff Flake (R-AZ), and Chuck Schumer (D-NY) introduced the "Bar Removal of Immigrants Who Dream and Grow the Economy," or BRIDGE Act.
BIA Rescinds in Absentia Order Due to Lack of EOIR-28
Unpublished BIA decision rescinds an in absentia order because the record did not contain an entry of appearance from the attorney who received the hearing notice. Special thanks to IRAC. (Matter of Rafati, 12/22/16)
BIA Holds Iowa Domestic Abuse Statute Not a CIMT
Unpublished BIA decision holds that domestic abuse assault under Iowa Code 708.2A(4) is not a CIMT because it criminalizes any physical contact that is insulting or offensive. Special thanks to IRAC. (Matter of Perez, 12/22/16)