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
BIA Grants Asylum to Bangladeshi Persecuted By Awami League
Unpublished BIA decision holds that asylum applicant suffered past persecution and that the government of Bangladesh would be unable to protect him from members of the Awami League. Special thanks to IRAC. (Matter of H-B-, 7/26/16)
BIA Grants Interlocutory Appeal Challenging Denial of Change of Venue
Unpublished BIA decision grants interlocutory appeal challenging the denial of a motion to change venue from Orlando where respondent’s attorney was located in New Orleans and cases of mother and sister were docketed in New Orleans. Special thanks to IRAC. (Matter of M-S-L-R-, 7/25/16)
CRS Report: What Does the Supreme Court’s 4-4 Split in Texas Mean for Future Executive Action as to Immigration
A CRS Legal Sidebar report discusses how the Supreme Court’s 4-4 split in United States v. Texas might affect the ability of the president to issue executive actions on immigration in the future.
CA1 Upholds Denial of Asylum to Guatemalan Who Claimed He Would Be Tortured if Removed
The court upheld the denial of the asylum claim of petitioner, who claimed both past persecution and fear of future persecution on account of his anti-gang political opinion and his membership in a particular social group. (Alvizures-Gomes v. Lynch, 7/21/16)
OIG Report: ICE Still Struggles to Hire and Retain Staff for Mental Health Cases in Immigration Detention
DHS Office of Inspector General (OIG) released a report assessing ICE’s progress on recommendations made in OIG’s March 2011 report, Management of Mental Health Cases in Immigration Detention. OIG will continue monitoring the issue of care to ICE detainees with mental health conditions.
TRAC Report Finds Criminal Prosecutions for Illegal Entry Up, Re-Entry Down
A TRAC report found that, during the first eight months of FY2016, the government reported 25,680 new criminal prosecutions for illegal entry, and 20,628 new criminal prosecutions for illegal re-entry.
TRAC Report Finds Immigration Backlog Still Rising Despite New Judge Investitures
A TRAC report found that the number of cases awaiting resolution before the Immigration Courts climbed to a new all-time high of 496,704 as of the end of June 2016. This is up from 456,216 at the beginning of FY2016, and up from 408,037 at the beginning of FY2015.
CA8 Upholds DHS’s Denial of Petitioner’s Motion to Reopen and Rescind Reinstated Removal Order
The court held that substantial evidence supported DHS’s decision to reinstate the petitioner’s prior order of removal, and that the petitioner failed to provide sufficient evidence establishing that he complied with his grant of voluntary departure. (Perez-Garcia v. Lynch, 7/19/16)
CA9 Grants Motion to Submit New Evidence Under “Prison Mailbox” Rule
The court granted petitioner’s motion asking it to exercise its discretion to consider new evidence not filed with his petition for review, which showed that the petition was timely filed because it complied with the conditions of the “prison mailbox” rule. (Barrientos v. Lynch, 7/19/16)
BIA Finds Exceptional Circumstances Exist to Reopen Removal Proceedings
Unpublished BIA decision reopens proceedings after an in absentia removal order was issued, finding that an exceptional situation had been demonstrated warranting reopening to allow respondent an opportunity to apply for relief from removal. Courtesy of Ann Wennerstrom. (Matter of –, 7/19/16)
BIA Reopens and Terminates Proceedings Sua Sponte Following Vacatur of Criminal Conviction
Unpublished BIA decision reopens and terminates proceedings sua sponte over DHS opposition following vacatur of criminal conviction under Cal. Penal Code 1016.5 because respondent was not advised of immigration consequences of plea. Special thanks to IRAC. (Matter of Ramos, 7/19/16)
BIA Rescinds In Absentia Order Due to Confusion Over Date of Hearing
Unpublished BIA decision rescinds in absentia order under totality of the circumstances because respondent confused date of his removal hearing with date of his ICE check-in. Special thanks to IRAC. (Matter of Conejo, 7/19/16)
CA5 Finds Certification of Form I-89 Did Not Confer LPR Status
The court held that the petitioner did not become an LPR until USCIS formally approved his application after he was 18, and thus he was ineligible for citizenship under the Child Citizenship Act of 2000. (Gutierrez v. Lynch, 7/18/16)
EOIR FAQs on Temporary Closure of Eloy Immigration Court
EOIR FAQs on the measles outbreak and the operational status of the Eloy Immigration Court. The Eloy Immigration Court temporarily suspended hearings on 5/31/16, following confirmation by the Arizona Department of Health Services of a measles outbreak in certain areas within Eloy Detention Center.
AILA: Government Requests Rehearing of Deferred Action Case
AILA commented on the Department of Justice’s request for the Supreme Court to rehear the United States v. Texas case when a ninth Supreme Court justice is confirmed, urging that the Court rehear the case.
ICE Fact Sheet on Initiative to Increase Community Engagement
ICE fact sheet on the Office of Community Engagement’s (OCE) initiative to increase community engagement and station ICE Community Relations Officers in every field office in the country to serve as a link between the agency and stakeholders.
DHS FAQs on Existing Guidance on Enforcement Actions at Sensitive Locations
DHS fact sheet consisting of FAQs on ICE and CBP’s existing sensitive location policies regarding enforcement actions at places such as schools, medical facilities, places of worship, weddings or funerals, and public demonstrations.
ICE FAQs on Enforcement Actions at Sensitive Locations
ICE FAQs on existing sensitive location policies regarding enforcement actions at places such as schools, medical facilities, places of worship, weddings or funerals, and public demonstrations.
CBP FAQs on Enforcement Actions at Sensitive Locations
CBP FAQs on existing sensitive location policies regarding enforcement actions at places such as schools, medical facilities, places of worship, weddings or funerals, and public demonstrations.
CA5 Says BIA Failed to Consider Factors Central to Determining Reason for Persecution
The court found that the BIA failed to consider several factors essential to determining whether one central reason for the Ethiopian asylum applicant’s maltreatment by the government was persecution on account of a protected ground. (Sealed Petitioner v. Sealed Respondent, 7/15/16)
CA7 Finds It Lacks Jurisdiction to Review Petitioner's Eighth Motion to Reopen
The court dismissed the petition for review for lack of jurisdiction, holding that petitioner, who had tried eight times to have his removal order rescinded, neither presented a legal or constitutional question. (Joseph v. Lynch, 7/14/15)
AILA Welcomes Legislation Designed to Protect Refugees
AILA welcomes the introduction of the Refugee Protection Act of 2016 in both the House and Senate; the bill includes provisions to address many of the severe, longstanding problems in the U.S. refugee and asylum systems.
CBP Practice Pointer: Overcoming Expedited Removal Orders
AILA’s CBP Liaison Committee provides a practice pointer on overcoming expedited removal orders where there is an arguable abuse of discretion or clear legal error.
BIA Rescinds In Absentia Order Because NTA Was Sent to Outdated Address
Unpublished BIA decision rescinds in absentia order because NTA was sent in 2008 to an outdated address contained in 1999 adjustment application. Special thanks to IRAC. (Matter of Sanchez, 7/14/16)
Sign-On Letter to Senators on Opposing Mandatory Notification Legislation
On 7/11/16, AILA joined 215 immigrant, legal, civil rights, faith-based, and labor organizations in urging U.S. senators to oppose any legislation or amendment that would entangle state and local law authorities with immigration enforcement through mandatory notifications.