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
EOIR Releases Certain Criminal Charge Completion Statistics
EOIR released statistics on the average amount of time from receipt of a removal case in immigration court to the date of the case’s initial completion including information related to specific charges of removability from 1999 through 2015.
DOJ Issued a Fact Sheet on EOIR’s Office of Legal Access Programs
DOJ provides a fact sheet on EOIR’s Office of Legal Access Programs (OLAP), including information about the Legal Orientation Program (LOP), the BIA Pro Bono Project, Model Hearing Program, and many others.
USCIS Notice of Extension of Comment Period for Form I-191 Revision
USCIS 30-day notice of extension of the comment period for the proposed revision of Form I-191. The new form name will be Application for Relief under Former Section 212(c) of the Immigration and Nationality Act. Comments are now due by 8/29/16. (81 FR 50000, 7/29/16)
D.C. Circuit Says Names of IJs Cannot Be Redacted as a Blanket Matter
The court remanded to the district court for a more individualized inquiry into whether the names of IJs should be released, finding that the privacy interests of IJs do not outweigh the public interest in disclosure as a blanket matter. (AILA v. EOIR, 7/29/16)
CA2 Says Individuals with Reinstated Removal Orders and in Withholding-Only Proceedings Are Eligible for Bond
The court affirmed the district court, holding that individuals with reinstated orders of removal and in withholding-only proceedings are eligible for bond. (Guerra v. Shanahan et al., 7/29/16)
CA5 Finds Motions to Reopen Can Be Equitably Tolled
The court held that the 90-day deadline for filing motions to reopen can be equitably tolled, and remanded for the BIA to determine if equitable tolling was appropriate in the petitioner's case. (Lugo-Resendez v. Lynch, 7/28/16)
DHS OIG Completes Three Rounds of Unannounced Random Inspections of CBP and ICE Detention Facilities
The DHS Office of Inspector General announced that it has completed three rounds of an ongoing program of unannounced inspections of CBP and ICE detention facilities. The inspection program, announced on 3/15/16, is in response to concerns regarding conditions for people in CBP and ICE custody.
EOIR Proposed Rule Establishing Procedures for Motions to Reopen Based on Ineffective Assistance of Counsel Claims
DOJ notice of proposed rulemaking to amend EOIR regulations to establish procedures for the filing and adjudication of motions to reopen removal, deportation, and exclusion proceedings based upon a claim of ineffective assistance of counsel. Comments are due by 9/26/16. (81 FR 49556, 7/28/16)
BIA Says INA §212(a)(6)(C)(ii)(I) Includes False Claim to U.S. Citizenship to Avoid Removal Proceedings
The BIA held that a false claim to U.S. citizenship falls within INA §212(a)(6)(C)(ii)(I) where the claim was made with the intent of obtaining a benefit or purpose, including avoiding removal proceedings, under the INA or federal or state law. Matter of Richmond, 26 I&N Dec. 776 (BIA 2016)
CA9 Says Federal Conviction for Trafficking in Counterfeit Goods Is Not an Aggravated Felony
The court reversed and remanded, holding that a conviction for trafficking in counterfeit goods in violation of 18 USC §2320(a) is not an aggravated felony under INA §101(a)(43)(M)(i), because it does not necessarily involve fraud or deceit. (Wang v. Rodriguez, 7/27/16)
USCIS Message: Deferred Action for Childhood Arrivals Is Still Available
USCIS reminder that the Supreme Court's 6/23/16 decision in United States v. Texas does not affect the existing 2012 policy regarding DACA. Individuals who meet the 2012 DACA guidelines may continue to file an initial or renewal request for DACA under those guidelines.
On-the-Record White House Press Call on Central American Refugee Processing
Press call with officials from DOS, DHS, and the National Security Council announcing new initiatives to aid Central American refugees, including a protection transfer arrangement with UNHCR and IOM, an in-country refugee referral program, and expansion of the existing CAM program.
AILA: U.S. Expands Protection for Refugees South of U.S. Border But Continues Harsh Treatment of Asylum Seekers at the Border
AILA welcomed the Obama administration’s announcement expanding opportunities for refugees in El Salvador, Guatemala, and Honduras to seek protection, but continued to challenge the White House to stop the aggressive enforcement, detention, and deportation of asylum seekers arriving at U.S. borders.
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)