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
CA3 Remands Bulgarian Roma Asylum Claim, Holding That the Agency Proceedings Went “Awry”
In a nonprecedent decision, the court found that the entire administrative proceedings went “awry” where the BIA demanded the asylum applicant produce an expert witness to establish his Roma ethnicity or face a denial of the claim. Courtesy of Raymond Lahoud. (Ayvazov v. Att’y Gen., 10/27/16)
USCIS Provides Credible Fear and Reasonable Fear Statistics from Family Detention Facilities
USCIS provided credible fear and reasonable fear statistics from four family detention facilities (Artesia, Berks, Dilley, and Karnes). Includes information on number of receipts, interviews conducted, whether fear was established, and fear found rate for FY2014 through FY2016.
CA4 Upholds Denial of Asylum to Chinese Petitioner Who Attended “Underground” Catholic Church
The court concluded that petitioner failed to establish a well-founded fear of persecution, finding that the accounts in the DOS reports he submitted substantially supported BIA’s finding of a lack of widespread persecution of unregistered Catholic churches in China. (Tang v. Lynch, 10/26/16)
AILA Notes from SCOPS Teleconference (10/26/16)
AILA notes from a teleconference with SCOPS on 10/26/16. Topics include E-3 petition processing times, delays in processing times for H-1s, L-1s, and NIWs, DACA renewal cases, ELIS approval notice format, clarification on LCA checkboxes and H-1 categorization, and physical therapist credentialing.
Immigration Policy Update: Major Shift in Migration to America’s Southern Border
AILA issued an immigration policy update to provide information on ICE’s enforcement data that reflects a decreased of apprehensions in FY2016, roughly one-third of what they were 15 years ago, as well as context on the major factors that contribute to the shift.
CA9 Says Noncitizen Issued an Expedited Removal Order at Border-Crossing Checkpoint Has “Re-Entered” Under INA §241(a)(5)
The court held that when a noncitizen is issued an expedited removal order at a U.S. border-crossing checkpoint, that noncitizen has entered the United States for the purpose of the INA’s reinstatement provision’s “reentry” requirement. (Tellez v. Lynch, 10/24/16)
AILA and the American Immigration Council File Amicus Brief in Jennings v. Rodriguez
AILA and the American Immigration Council filed an amicus brief in Jennings v. Rodriguez, urging the Supreme Court to affirm the Ninth Circuit’s ruling that certain immigrants are entitled to automatic bond hearings following six months of detention. (Jennings v. Rodriguez, 10/24/16)
CA1 Finds BIA Acted Within Its Discretion in Denying Ugandan Petitioner’s Motion to Reopen
The court denied the petition for review, finding that the BIA supportably found that the petitioner failed to introduce new, previously unavailable, material evidence in connection with his motion to reopen. (Bbale v. Lynch, 10/24/16)
CA5 Says Conviction for Possession with Intent to Deliver More Than 10 Pounds of Marijuana Is Aggravated Felony
The court held that the petitioner’s Arkansas conviction for recklessly possessing with the intent to deliver at least 10 pounds of marijuana for remuneration constituted an aggravated felony rendering him ineligible for relief from removal. (Flores-Larrazola v. Lynch, 10/24/16)
BIA Grants Joint Motion to Reopen to Pursue Provisional Waiver
Unpublished BIA decision grants joint motion to reopen and administratively close proceedings to let respondent pursue provisional unlawful presence waiver (Form I-601A). Special thanks to IRAC. (Matter of Sapon-Ordonez, 10/24/16)
CA1 Upholds Denial of Colombian Petitioner’s Untimely Motion to Reopen
The court upheld the BIA’s denial of the Colombian petitioner’s untimely motion to reopen her removal proceedings, finding that the petitioner had failed to establish an exception to the time limitations on motions to reopen. (Giraldo-Pabon v. Lynch, 10/21/16)
CA11 Says Theft by Taking in Georgia Is Not an Aggravated Felony
The court held that petitioner’s conviction for theft by taking in violation of Georgia law was not an aggravated felony theft offense under the INA, because the offense does not contain the without consent element required for the generic definition of theft. (Vassell v. Att'y Gen., 6/13/16)
Shining a Light on Domestic Violence to Assist Immigrant Victims
October is Domestic Violence Awareness Month, which is intended to shine a light on the human right to be free from violence, ensure that all victims of domestic violence know they are not alone, and foster supportive communities that help survivors seek justice. In the United States, twenty people
CA6 Upholds Denial of Asylum to Citizen of Zimbabwe Based on Adverse Credibility Determination
The court upheld the BIA’s denial of asylum to petitioner, a citizen of Zimbabwe, finding that important factual inconsistencies between the petitioner’s asylum application and her testimony supported an adverse credibility determination. (Marikasi v. Lynch, 10/20/16)
AILA’s Hostile Jurisdictions Working Group Issues Its Recommendation
AILA’s Hostile Jurisdictions Working Group issued a video to accompany its recommendations for a STOPLIGHT tool to measure the health of immigration adjudication ecosystems.
CA5 Upholds Denial of Indian Petitioner’s Untimely Motion to Reopen
The court upheld the BIA’s denial of the petitioner’s untimely motion to reopen, finding that DOS’s 2012 Country Report for India did not describe a change in country conditions that were materially different than those in place at the time he was ordered removed. (Singh v. Lynch, 10/20/16)
CA9 Upholds BIA’s Interpretation of INA §240A(b) as Reasonable
The court held that the BIA reasonably interpreted INA §240A(b)(1)(D) to require that a noncitizen applying for cancellation of removal must establish hardship to a qualifying relative as of the time the IJ adjudicates the application. (Mendez-Garcia v. Lynch, 10/20/16)
CA9 Finds BIA’s Decision Not to Reopen Sua Sponte Was Based on Legally Erroneous Premise
The court granted in part the petition for review, holding that BIA based its decision not to reopen proceedings sua sponte on an erroneous understanding of the relationship between prior deportation, reopening of proceedings, and INA §212(c) relief eligibility. (Bonilla v. Lynch, 7/12/16)
AILA and the American Immigration Council File Amicus Brief with the BIA on “Wave Through” Entry
AILA, the American Immigration Council, the University of Houston Law Center Immigration Clinic, and other organizations filed an amicus brief with the BIA on whether a “wave through” entry constitutes an admission in “any status” under INA §240A(a)(2). (Matter of ___, 10/19/16)
DHS Notice of Privacy Act Update on "011 Immigration and Enforcement Operational Records (ENFORCE)" System of Records
DHS notice that it proposes to update, rename, and reissue a current system of records titled “DHS/U.S. Immigration and Customs Enforcement (ICE)–011 Immigration and Enforcement Operational Records (ENFORCE)” system of records. (81 FR 72080, 10/19/16)
BIA Remands Following Submission of U Visa Certification
Unpublished BIA decision grants motion to remand in light of submission on appeal of signed law enforcement certification and submission of U visa petition with USCIS. Special thanks to IRAC. (Matter of Martinez, 10/19/16)
BIA Holds California Second Degree Robbery Not Categorially an Aggravated Felony
Unpublished BIA decision holds that second degree robbery under Cal. Penal Code 211 is not an aggravated felony theft offense under the categorical approach and remands to consider whether statute is divisible. Special thanks to IRAC. (Matter of Pena, 10/19/16)
TRAC Report Finds Many Unrepresented Families Quickly Ordered Deported
This TRAC report finds that 27,015 cases on the immigration court’s “rocket docket” involving unrepresented “adults with children” have been decided by IJs since July 2014. In 43.4 percent of these cases, the unrepresented families were ordered deported at the initial master calendar hearing.
BIA Asserts Collateral Estoppel In Dismissing Ground of Removability
Unpublished BIA decision holds that IJ was collaterally estopped from finding respondent inadmissible under INA 212(a)(2)(C) because issue was previously litigated before a prior appeal to the Board. Special thanks to IRAC. (Matter of Leon, 10/18/16)
GAO Report: CBP Contracting for Transportation and Guard Services for Detainees
The U.S. Government Accountability Office (GAO) released a report on how CBP manages its current transportation services contract for the transportation and guard services of detainees encountered at the southwest border.