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
Joint Statement of the United States and Cuba on Changes to Migration Relationship with Cuba
Joint statement signed by the United States and Cuba outlining changes to how the United States will treat arriving Cuban nationals and Cuban nationals in removal proceedings in an effort to normalize migration relations between the two countries.
CA9 Says INA §212(h) Waiver Authority Cannot Excuse Convictions That Bar INA §240A(b) Cancellation Relief
The court held that the waiver of inadmissibility authority provided in INA §212(h) does not nullify a conviction that disqualifies a noncitizen from cancellation of removal under INA §240A(b). (Guerrero-Roque v. Lynch, 1/9/17)
Statement by Secretary Johnson on the Continued Normalization of the Migration Relationship with Cuba
DHS issued a statement that Cuban nationals who attempt to illegally enter the United States will be subject to removal. The Cuban Medical Professional Parole program has so been ended, and Cuba has agreed to begin to accept to return of Cuban nationals who have been ordered removed.
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 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)
Practice Alert: Engaging with ICE Community Relations Officers (CROs)
On January 10, 2017, ICE posted the contact information for its new Community Relations Officers (CRO). The ICE Liaison Committee encourages AILA chapters and members to build working relationships with these CROs in order to resolve issues of concern at the local level.
BIA Holds Colorado Third Degree Assault Not a CIMT
Unpublished BIA decision reopens proceedings sua sponte in light of arguments that third degree assault under Colo. Rev. Stat. 18-3-204 is not a CIMT. Special thanks to IRAC. (Matter of S-B-D-, 1/11/17)
CA5 Says Arizona Conviction for Attempted Transportation of Marijuana for Sale Is an Aggravated Felony
The court held that Ariz. Rev. Stat. §13-3405(A)(4), under which petitioner was convicted for attempted transportation of marijuana for sale, is divisible, and that the modified categorical approach confirmed that he was convicted of an aggravated felony. (Ibanez-Beltran v. Lynch, 1/11/17)
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 1/1/17 and ending 3/31/17, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.44 per centum per annum. (82 FR 3074, 1/10/17)
CA7 Says Parent of Three U.S. Citizen Children Not Eligible to Seek Deferred Action
The court dismissed the petition for review, holding that because DHS “is committed to the ruling by the Fifth Circuit in Texas v. United States” which upheld a preliminary injunction against the implementation of DAPA, the petition was moot. (Robledo-Soto v. Lynch, 1/10/17)
CRS Report on Sanctuary Jurisdictions
The Congressional Research Service provides a report describing ICE’s Criminal Alien Programs and the resources dedicated to immigration interior enforcement programs and sanctuary jurisdictions. The report also includes incarceration data at federal, state, and local levels of criminal aliens.
BIA Solicits Amicus Briefs on the Material Support Bar
The BIA is looking for amicus curiae briefs on the question of whether the word “material” in INA §212(a)(3)(B)(iv)(VI) has an independent meaning and assuming there is a de minimis exception to the material support bar, does that exception apply to contributions of money. Briefs are due by 2/8/17.
CA5 Says Arkansas Controlled Substance Statute Is Divisible
The court held that the Arkansas statute under which the petitioner was convicted for manufacturing, delivering, or possessing with the intent to manufacture or deliver a controlled substance is divisible under Mathis v. United States. (Flores-Larrazola v. Lynch, 1/6/17)
BIA Hold California Battery Statute Not a CIMT
Unpublished BIA decision held that battery under Cal. Penal Code 242 is not a CIMT because it requires neither force capable of hurting or causing injury nor violence. Special thanks to IRAC. (Matter of Cruz, 1/6/17)
CA7 Upholds Denial of Asylum to Liberian Citizen Alleged to Have Provided Material Support to Terrorist Organization
The court held that BIA and IJ did not err in finding they lacked jurisdiction to consider petitioner’s §13 application for adjustment, and found that BIA did not err in concluding that petitioner provided material support to a terrorist organization in Liberia. (Jabateh v. Lynch, 1/5/17)
BIA Solicits Amicus Briefs on Whether “Misprision of a Felony” Is a CIMT
The BIA is seeking amicus briefs on whether the offense of misprision of a felony under 18 USC §4 is categorically a CIMT and if the application of Matter of Robles-Urrea would be impermissibly retroactive to convictions for acts committed prior to the decision. Briefs are due by 2/6/17.
BIA Rescinds in Absentia Order Against Respondent Who Arrived 30 Minutes Late
Unpublished BIA decision rescinds in absentia order upon finding respondent did not fail to appear by arriving 30 minutes late due to delay with bus. Special thanks to IRAC. (Matter of Fu, 1/5/17)
CA8 Affirms Denial of Motion to Reopen After Finding Petitioner Failed to Establish Changed Country Conditions in Guatemala
The court concluded that the petitioner’s claim that there was increased violence in Guatemala was not sufficient to establish a material change in country conditions in Guatemala that would warrant reopening of his removal proceedings. (Villatoro-Ochoa v. Lynch, 1/4/17)
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.