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 Holds Virginia Unlawful Wounding Does Not Require Use of Force
Unpublished BIA decision finds hold unlawful wounding under Va. Code 18.2-51 not a crime of violence under 18 U.S.C. 16(a) because it applies to actions (e.g., poisoning) that do not require use of force. Special thanks to IRAC. (Matter of Lambert, 8/23/16)
AILA Amicus Brief to BIA on Detention in the Context of Mental Health Commitment
The AILA Amicus Committee filed an amicus brief with the BIA, addressing the meanings of “detention” and “release” as they relate to mental health commitment.
CA5 Says INA §212(a)(7) Does Not Apply to Adjustment of Status Applicant Admitted as Nonimmigrant
The court granted the petition for review, holding that the documentation requirements of INA §212(a)(7) do not apply to an individual who was previously validly admitted as a nonimmigrant, is residing in the United States, and applies for adjustment of status. (Marques v. Lynch, 8/19/16)
CA9 Holds INA §242(b)(2)’s Venue Provision Is Not Jurisdictional
The court denied the government’s motion to transfer the case to the Eleventh Circuit, holding that the venue provision in INA §242(b)(2) is not jurisdictional, and thus that the petition for review properly fell under the Ninth Circuit’s judicial authority. (Bibiano v. Lynch, 8/19/16)
AILA Urges DHS to Follow DOJ Lead and End Use of Private Prisons
In light of the Department of Justice’s announcement that it will sharply scale back the use of private prisons, AILA President Bill Stock urged the Department of Homeland Security to follow suit, saying “there is no justification for continuing their use in the immigration system.”
UNHCR Report: Beyond Detention (Baseline Report)
This is the first of two reports released on 08/18/16 related to UNHCR’s Beyond Detention Global Strategy. This Baseline Report provides data on the detention situation in 12 focus countries (including the United States) as of the end of 2013.
UNHCR Report: Beyond Detention (Progress Report Mid-2016)
This is the second of two reports released on 08/18/16 related to UNHCR’s Beyond Detention Global Strategy. This Progress Report reviews the first two years of the Global Strategy’s implementation and presents the progress achieved for 12 focus countries, including the United States.
DOJ Memo: Reducing Our Use of Private Prisons
DOJ issued a memo to the Federal Bureau of Prisons calling for the reduction, and ultimately the ending, of the use of privately operated prisons and directing that as each contract ends, the Bureau should either decline to renew or substantially reduce the scope of the contract.
CA5 Finds Petitioner Ineligible for Asylum Under Firm-Resettlement Bar
The court upheld the denial of asylum, finding that substantial evidence supported the BIA’s finding that the petitioner, a citizen of Bolivia who moved to Mexico in 2005, failed to establish the applicability of an exception to the firm-resettlement bar. (Ramos Lara v. Lynch, 8/17/16)
CA7 Upholds Withholding of Removal and CAT Denials to Bisexual Citizen of Jamaica
The court held that substantial evidence supported the IJ’s conclusion that the petitioner, a 51‐year‐old citizen of Jamaica who asserted a fear of persecution and torture in Jamaica based upon his claimed bisexuality, did not credibly establish that he is bisexual. (Fuller v. Lynch, 8/17/16)
TRAC Report on Percentage of Individuals in Immigration Court Allowed to Stay in U.S.
This TRAC report discusses the percentage of individuals against whom DHS sought removal orders who were determined to be allowed to remain in the U.S. by an immigration judge in FY2016. Statistics are provided for each of the 55 immigration courts.
BIA Reverses IJ’s Denial of Asylum to Nigerian Woman Who Feared FGM
Unpublished BIA decision reversed the IJ’s factual findings of “implausibility” and adverse credibility against the Nigerian respondent, who feared that her husband would force her to undergo female genital mutilation in Nigeria. Courtesy of Eric Singer. (Matter of Chinyelu, 8/17/16)
BIA Orders Further Consideration of Narcotics Trafficking Allegation
Unpublished BIA decision orders further consideration of inadmissibility under INA 212(a)(2)(C) of respondent given lack of evidence in record from criminal trial and failure of jury to convict over drug charges. Special thanks to IRAC. (Matter of Espinoza Leon, 8/17/16)
ICE Policy Memo on Identifying and Monitoring Pregnant Detainees
ICE policy memo entitled “Identification and Monitoring of Pregnant Detainees” consolidating existing guidance and setting forth additional procedures to ensure that pregnant women detained in ICE custody are identified, monitored, and housed in the most appropriate facility to manage their care.
CA7 Upholds CAT Denial to Seventh Day Adventist Citizen of Mexico
The court held that petitioner, a practicing Seventh Day Adventist who claimed he would be persecuted and forced to work for the Zetas gang if removed to Mexico, did not establish a clear probability that he would face persecution or torture upon his removal. (Lozano-Zuniga v. Lynch, 8/12/16)
CA7 Upholds Denial of Asylum to Chinese Petitioner Based on Adverse Credibility Finding
The held that substantial evidence supported the IJ’s conclusions that petitioner, a 52-year-old Chinese citizen who claimed that he feared forced sterilization under China’s one-child policy, was not credible, and that he did not adequately corroborate his account. (Yang v. Lynch, 8/12/16)
As Detained Mothers Continue Hunger Strike, AILA Urges Administration to End Family Detention
Twenty-two mothers being held with their children for months in the Berks family detention center began a hunger strike this week; AILA President William A. Stock urged an end to family detention, noting, “These brave mothers are putting their health at risk to draw attention to injustice.”
TRAC Report Questions Linkage Between Law Enforcement Cooperation and ICE’s Apprehension Numbers
This TRAC report, based upon a review of individual detainer records, calls into question the assumed linkage between cooperation with ICE by state and local law enforcement agencies and ICE’s success in apprehending immigrants it seeks to deport.
ICE Director Saldaña Response to Sign-On Letter on Immigration Raids
On 8/12/16, ICE Director Sarah Saldaña responded to a June 2016 sign-on letter to DHS Secretary Jeh Johnson and Attorney General Loretta Lynch on the aggressive tactics against Central Americans.
AILA Indiana Chapter Files Amicus Brief in Case Involving Undocumented Worker’s Injury
AILA’s Indiana Chapter submitted an amicus brief with the Supreme Court of Indiana, arguing that the Court of Appeals’ opinion creates an unworkable evidentiary standard based on a misunderstanding of immigration law. Courtesy of Thomas Ruge. (Escamilla v. Shiel Sexton Company, Inc., 8/12/16)
OIG Report: Review of the Federal Bureau of Prisons’ Monitoring of Contract Prisons
DHS Office of Inspector General released a report finding that, in most key areas, contract prisons incurred more safety and security incidents per capita than comparable Bureau of Prisons’ institutions, and that the agency needs to improve how it monitors contract prisons in several areas.
CA1 Upholds Denial of Asylum to Christian Chinese Petitioner
The court held that the BIA’s decision to affirm the IJ’s denial of asylum to petitioner, who argued that she had a well-founded fear of future persecution due to her prior attendance at an underground Christian church in China, was supported by substantial evidence. (Qin v. Lynch, 8/10/16)
CA1 Says Salvadoran Women with Partners Who View Them as Property Is Not a Particular Social Group
The court held that the petitioner, whose proposed social group was defined as “Salvadoran women in intimate relationships with partners who view them as property,” failed to show that her PSG shared immutable characteristics and had social distinction. (Vega-Ayala v. Lynch, 8/10/16)
BIA Rescinds In Absentia Order In of Evidence of Vehicle Malfunction
Unpublished BIA decision rescinds in absentia order of removal in light of evidence submitted on appeal reflecting mechanical work on the vehicle that malfunctioned on the day of the respondent’s hearing. Special thanks to IRAC. (Matter of Lopez, 8/10/16)
TRAC Report Finds Reforms of ICE Detainer Program Largely Ignored by Field Officers
A TRAC report found that half of the detainers issued by ICE during the first two months of FY2016 targeted individuals who have no criminal record, which is up slightly from before DHS Secretary Johnson's 11/20/14 announcement of the Priority Enforcement Program.