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
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Unpublished BIA decision holds that theft under Nev.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Unpublished BIA decision upholds prior decision administratively closing proceedings during appeal of denial of motion to reopen and prohibiting DHS from removing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Unpublished BIA decision remands record for further consideration of motion to reopen sua sponte because IJ issued form order failing to address issues raised in the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Unpublished BIA decision rescinds in absentia order because the immigration court mistyped the name of respondent’s street and the hearing notice was returned as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)
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.
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)
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.
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.
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.
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.
Why All the Worry Over Senator Sessions as Attorney General?
The veterans among us know all too well the vast power that the Attorney General of the United States (AG) has in immigration matters, but for those who are new to the practice of immigration law, or just interested members of the press or public, here is a primer on the power of this office […
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.
CBP Releases Memo on Changes and Expedited Removal Policies Specific to Cuban Nationals
CBP released a memo with guidance on the announcement of changes to several DHS policies and regulations affecting Cuban nationals, including the rescission of the parole policy for arriving Cuban nationals and the Cuban Medical Professionals Parole Program.
BIA Holds New Jersey Possession With Intent to Distribute Near School Not an Aggravated Felony
Unpublished BIA decision holds that possession of controlled dangerous substance with intent to distribute within 1,000 feet of school property under NJSA 2C:35-7 not an aggravated felony under INA 101(a)(43)(B). Special thanks to IRAC. (Matter of C-E-L-, 1/12/17)
CA7 Affirms Denial of Asylum to Petitioner Who Claimed He Would Face Persecution by Gangs in El Salvador
The court affirmed the BIA’s denial of asylum, finding that the petitioner did not present evidence supporting his argument that, as a long‐time resident of the United States, he would be perceived in El Salvador as wealthy and face persecution by gangs if removed. (Rivera v. Lynch, 1/12/17)
H.R. 496: Bar Removal of Immigrants Who Dream and Grow the Economy
On 1/12/17, Mike Coffman (R-CO), Luis Gutierrez (D-IL), Carlos Curberlo (R-FL), Lucille Roybal-Allard (R-FL), Jeff Denham (R-CA), Zoe Lofgren (D-CA), Ileana Ros-Lehtinen (R-FL), and Judy Chu (D-CA), introduced the "Bar Removal of Immigrants Who Dream and Grow the Economy" (BRIDGE Act).
S. 128: Bar Removal of Immigrants Who Dream and Grow the Economy
On 1/12/17, Senators Lindsey Graham (R-SC), Dick Durbin (D-IL), Lisa Murkowski (R-AK), Dianne Feinstein (D-CA), Jeff Flake (R-AZ), Chuck Schumer (D-NY), and Kamala Harris (D-CA) introduced the "Bar Removal of Immigrants Who Dream and Grow the Economy," or BRIDGE Act.
BIA Adopts Uniform Definition of a “Conviction” for Purposes of the Adam Walsh Act
The BIA held that, for purposes of the Adam Walsh Act, a U.S. citizen or LPR petitioner has been “convicted” of an offense where there has been an adjudication or admission of guilt or responsibility and the imposition of a punishment. Matter of Calcano De Millan, 26 I&N Dec. 904 (BIA 2017)