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
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.
Statement by DHS Secretary Johnson on Southwest Border Security
DHS released a statement by Secretary Johnson with FY2016 statistics on southwest border apprehensions. Total apprehensions by the Border Patrol increased from FY2015 and Central Americans apprehended on the southern border outnumbered Mexicans. Also includes summary of other immigration actions.
AILA and AIC Comments on Proposed International Entrepreneur Rule
Comments submitted by AILA and the American Immigration Council in response to the DHS’s proposed “International Entrepreneur Rule,” published in the Federal Register on August 31, 2016.
CA8 Remands to BIA for Consideration of Petitioner’s Administrative Closure Request
After finding it has jurisdiction to review denials of motions for administrative closure, the court held that BIA abused its discretion by failing to address petitioner’s request that BIA exercise its independent authority to grant administrative closure. (Gonzalez-Vega v. Lynch, 10/14/16)
BIA Remand In Absentia Order Where Respondent Went to Wrong Courtroom
Unpublished BIA decision orders further consideration of motion to rescind in absentia order where attorney proffered that he and respondent appeared for hearing but went to wrong courtroom. Special thanks to IRAC. (Matter of Garcia-Nava, 10/13/16)
Family Detention During Obama Administration
Resources related to the Obama administration’s family detention policy and conditions.
DHS Statement by Secretary Johnson on Removals to Haiti
DHS issued a statement from Secretary Johnson that in light of Hurricane Mathew, removal flights to Haiti have been suspended temporarily. But DHS intends to resume those flights as soon as possible. The 9/22/16 policy change regarding removals of Haitian nationals remains in effect.
CA9 to Rehear En Banc Case Involving Constitutionality of “Habitual Drunkard” Bar to Good Moral Character
By a vote of a majority of nonrecused active judges, the court ordered that Ledezma-Cosino v. Lynch, originally decided by a three-judge panel of the Ninth Circuit on 3/24/16, be reheard en banc. (Ledezma-Cosino v. Lynch, 10/12/16)
Sign-On Letter Urging President Obama to Protect Central American Refugees
On 10/12/16, AILA along with all the participants of “The US Response to Central American Refugees” shadow summit held 9/20/16 in New York made recommendations to the President on how to increase protection for Central American refugees.
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 10/1/16 and ending 12/31/16, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.31 per centum per annum. (81 FR 70487, 10/12/16)
BIA Issues New Decision in Matter of Silva-Trevino
The BIA concluded that the categorical and modified categorical approaches provide the proper framework for determining when a conviction is for a crime involving moral turpitude. Matter of Silva-Trevino, 26 I&N Dec. 826 (BIA 2016)
AILA Quicktake #177: DHS Committee Recommends End of Family Detention
AILA's Associate Director of Advocacy Karen Lucas shares recommendations from the Department of Homeland Security's Advisory Committee on Family Residential Centers' report on family detention.
Federal Government Must Adopt Own Advisory Committee’s Recommendations and End Family Detention
AILA, the Council, and CLINIC welcomed the unanimous conclusion from the DHS Advisory Committee on Family Residential Centers that “detention is generally neither appropriate nor necessary for families” and urged DHS to adopt the recommendations immediately.
USCIS Message: Biometrics Appointment Notices for DACA Requestors
Some DACA requestors reported delays when receiving their Application Support Center biometrics appointment notices. USCIS recently mailed out biometrics appointment notices to these individuals with most appointments being scheduled during the week of October 24, 2016.
Report of the DHS Advisory Committee on Family Residential Centers
The DHS Advisory Committee on Family Residential Centers released recommendations to improve detention management and conditions, stating "DHS’s immigration enforcement practices should operationalize the presumption that detention is generally neither appropriate nor necessary for families."
District Court Finds That Petitioner’s Detention of More Than One Year Has Become Unreasonable
The U.S. District Court for the Eastern District of Virginia held that the constitutional concerns raised by prolonged detention require implying a reasonable time limitation in INA §236(c), and found that petitioner’s detention had become unreasonable. (Haughton v. Crawford, et al., 10/7/16)
CA1 Finds Exceptional Circumstances Exist to Reopen Petitioner’s Removal Proceedings
The court concluded that the BIA abused its discretion when it found that the circumstances attendant to entry of an in absentia removal order against a young undocumented immigrant who was ill-served by two attorneys were not exceptional. (Murillo-Robles v. Lynch, 10/7/16)
BIA Reopens Sua Sponte to Allow DACA Recipient to Travel on Advance Parole
Unpublished BIA decision reopens proceedings sua sponte to allow beneficiary of DACA program to travel abroad pursuant to grant of advance parole. Special thanks to IRAC. (Matter of Colotl, 10/6/16)
CA3 Finds Pennsylvania Conviction Involving a Non-Federal Counterfeit Substance Is Not an Aggravated Felony
The court reversed the BIA and remanded, holding that the petitioner’s Pennsylvania conviction for a non-federal counterfeit substance under 35 P.S. §780-113(a)(30) was not an aggravated felony under the modified categorical approach. (Singh v. Att'y Gen., 10/6/16)
CA2 Upholds Denial of Asylum Despite Errors in BIA's Underlying Analysis
The court held that although the BIA erred in finding that the petitioner testified inconsistently, the BIA's ultimate ruling was supported by substantial evidence, and the same decision would be made on remand. (Li v. Lynch, 10/5/16)
House Members Call on President Obama to Stop Haitian Deportations
On 10/5/16, more than 50 representatives urged President Obama to reconsider the resumption of non-criminal deportations to Haiti in the aftermath of Hurricane Matthew. They also asked for undocumented Haitians to be ensured full and fair asylum hearings and effective assistance of counsel.
CRS Report: U.S. Invokes Visa Sanctions under Section 243(d)
The Congressional Research Service (CRS) released a Legal Sidebar report explaining how the U.S. invoked “visa sanctions” under Section 243(d) of the Immigration and Nationality Act (INA) against The Gambia for failing to accept the return of Gambian citizens and nationals removed from the U.S.
BIA Says Pre-Conclusion Voluntary Departure Does Not Preclude Bond Appeal
Unpublished BIA decision holds that respondents need not waive appeal of denial of bond redetermination in order to accept pre-conclusion voluntary departure. Special thanks to IRAC. (Matter of Nunez, 10/4/16)
Immigration Law Advisor, September-October 2016 (Vol. 10, No. 7)
The September-October 2016 issue of Immigration Law Advisor, a legal publication from EOIR, includes an article with a survey of case law addressing defenses against the “material-support” terrorism bar, as well as summaries of circuit court decisions from August 2016 and BIA precedent decisions.
AAO Grants §212(i) Waiver for Extreme Hardship to USC Spouse of Citizen of Egypt
In a nonprecedent decision, the AAO found that the applicant proved he was eligible for a §212(i) waiver for fraud or misrepresentation by showing that his spouse would suffer extreme hardship if she relocated to Egypt. Courtesy of Eric Singer. Matter of A-M-M-G-, ID# 12378 (AAO Oct. 4, 2016)