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
CA6 Says Jury Nullification Cannot Be Considered in Deciding Whether Petitioner Has Demonstrated Prejudice
The court held that jury nullification may not be considered when evaluating whether a petitioner has shown prejudice under the Strickland v. Washington test for ineffective assistance of counsel claims. (Lee v. United States, 6/8/16)
Senate Democrats Urge President to End the Deportation Raids
On 6/8/16, Senators Dick Durbin (D-IL) and Patrick Leahy (D-VT) led 24 Senate Democrats in urging the President to end the deportation raids targeting Central American families and unaccompanied minors; and consider designating Guatemala, and re-designating El Salvador and Honduras for TPS.
CA8 Says Salvadoran Petitioner Failed to Show Nexus Between Membership in PSG and Persecution
The court denied the petition for review, holding that, assuming that petitioner’s proposed family-based groups are cognizable, particular social groups (PSGs), he failed to show a nexus between his membership in the groups and the persecution he suffered. (Aguinada-Lopez v. Lynch, 6/7/16)
CA3 Says Federal Regulation That Limits Adjustment of Status for K-4 Visa Holders Is Invalid
The court held that 8 CFR § 245.1(i), which effectively bars any child with a K-4 visa who was between the age of 18 and 21 at the time of his or her parent’s marriage to a U.S. citizen from adjusting status without first returning overseas, is invalid. (Cen v. Att'y Gen., 6/6/16)
CA8 Says Petitioner’s 2004 Arkansas Assault Conviction Is a CIMT
The court denied the petition for review, holding that the petitioner’s 2004 Arkansas conviction for assault in the first degree was categorically a crime involving moral turpitude (CIMT). (Estrada-Rodriguez v. Lynch, 6/6/16)
BIA Reverses Denial of Continuance to Seek U Visa Certification
Unpublished BIA decision reverses denial of continuance to seek law enforcement certification necessary to apply for U visa where a crime occurred only two weeks prior to the hearing. Special thanks to IRAC. (Matter of Patel, 6/3/16)
BIA Remands to Allow U Visa Derivative to Renew Request for a Continuance
Unpublished BIA decision applies Matter of Sanchez Sosa to U visa derivatives with respect to continuances in immigration court, and remands the record to the IJ for the respondent to renew his request for a continuance and administrative closure. Courtesy of Nicolas Chavez.
CA8 Finds BIA Did Not Abuse Its Discretion in Denying Motion to Reopen in Absentia Removal Order
The court upheld the denial of the petitioner’s motion to reopen the in absentia removal order entered against him, finding that the petitioner had failed to rebut the presumption that the Notice of Hearing mailed by DHS was delivered to him. (Diaz v. Lynch, 6/1/16)
DOJ OIL June 2016 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for June 2016, with articles on United States v. Texas and Mathis v. United States, as well as summaries of circuit court decisions for June 2016.
CA9 Finds Remand Not Justified Where ICE Reinstated Prior Expedited Removal Order Despite Intervening PD Memos
The court concluded that remand to ICE for reconsideration of its decision to reinstate the petitioner’s prior expedited removal order was not justified, despite intervening agency memoranda pertaining to the exercise of prosecutorial discretion (PD). (Morales de Soto v. Lynch, 5/31/16)
CA7 Finds IJ and Government Complied with Statutory Requirements Relating to Petitioner’s Removal Proceedings
The court denied the petition for review, finding that the IJ and the government complied with the statutory responsibilities that imposed procedural requirements on the petitioner’s removal proceedings. (Aparicio-Brito v. Lynch 5/31/16)
BIA Reverses Denial of Continuance to Seek SIJS
Unpublished BIA decision reverses denial of continuance for respondent seeking Special Immigrant Juvenile status where there was no dispute that a dependency petition had been filed in the appropriate state court. Special thanks to IRAC. (Matter of K-N-M-T-, 5/31/16)
CA6 Upholds Denial of Asylum to Petitioner Whose Application Was “Strikingly Similar” to Several Others
The court upheld the IJ’s and BIA’s denials of petitioner’s asylum application, finding that the petitioner failed to adequately explain why his application was strikingly similar to several others, and failed to adequately corroborate his religious persecution claim. (Wang v. Lynch, 5/27/16)
BIA Says Circumstance-Specific Approach Should Be Used to Determine if Conviction Is for Crime of Domestic Violence
The BIA held that, in analyzing whether a conviction is for a crime of domestic violence under INA §237(a)(2)(E)(i), the circumstance-specific approach should be applied to determine the domestic nature of the offense. Matter of Estrada, 26 I&N Dec. 749 (BIA 2016)
CA9 Says Car Failure Does Not Constitute Exceptional Circumstances Justifying a Motion to Reopen
As a matter of first impression, the court held that a car’s mechanical failure does not alone compel granting a motion to reopen based on exceptional circumstances. (Arredondo v. Lynch, 5/27/16)
CA5 on When a Reinstatement Order is Final
The court found that reinstatement of removal orders are final only upon completion of reasonable fear and withholding of removal proceedings, even when proceedings are ongoing only because the BIA remanded to the IJ for background and security checks. (Ponce-Osorio v. Johnson, 5/27/16)
AILA Talking Points on Family Detention
AILA members can use these Talking Points with media when asked about family detention, AILA’s efforts to end family detention, and the CARA Family Detention Pro Bono Project.
CA1 Says BIA Acted Within Its Discretion in Denying Indian Petitioners’ Motion to Reopen
The court held that the BIA's denial of petitioners’ motion to reopen was not an abuse of discretion, finding that petitioners had failed to show that their removal to India would result in “exceptional and extremely unusual hardship” to their 19-year-old daughter. (Pandit v. Lynch, 5/26/16)
GAO Report Found Additional Actions Needed to Strengthen DHS Management of Short-Term Holding Facilities
GAO report recommending that DHS establish a process to assess time in custody data; issue guidance on complaint mechanisms; include a classification code in all complaint tracking systems related to DHS holding facilities; and develop a process for analyzing complaint trends.
Federal Government Steps Up Efforts to Deport Central American Mothers and Children without Due Process
In this statement, CARA Family Detention Pro Bono Project Managing Attorney Katie Shepherd highlights one of the 16 families picked up by ICE in recent arrests and slated for removal; sadly this family was deported before having had a meaningful chance to make claims for protection.
BIA Rescinds In Absentia Order Against Respondent Who Lost Hearing Notice
Unpublished BIA decision rescinds in absentia order sua sponte against respondent who lost her hearing notice and misremembered the date of her hearing. Special thanks to IRAC. (Matter of Taunaholo, 5/25/16)
CA5 Upholds Denial of Motion to Reopen Proceedings Based on Changed Country Conditions in Guatemala
The court upheld BIA’s denial of the motion to reopen, holding that BIA did not abuse its discretion in finding that petitioner did not present material evidence of changed country conditions in Guatemala that was unavailable at the time of her removal hearing. (Ramos-Lopez v. Lynch, 5/24/16)
CA5 Finds IIRAIRA’s “Aggravated Felony” Definition Applies Retroactively to Preclude Relief Under §212(c)
The court held that BIA did not err in finding petitioner, who pleaded guilty in December 1996 to transporting an alien within the United States, ineligible for INA §212(c) relief, because IIRAIRA §321(a)’s “aggravated felony” definition applies retroactively. (Limonteco v. Lynch, 5/24/16)
CA2 Finds Peralta-Taveras Survives Vartelas to Preclude Petitioner from Cancellation of Removal
The court held that the Supreme Court’s decision in Vartelas v. Holder did not cast doubt on the court’s decision in Peralta-Taveras v. Att’y Gen., which precludes petitioner, who had been convicted of aggravated felonies, from INA §240A relief. (Nuñez Peña v. Lynch, 5/20/16)
BIA Finds Prior Attorney Provided Ineffective Assistance By Failing to Timely File Form EOIR-42A
Unpublished BIA decision finds the respondent’s prior attorney provided ineffective assistance by failing to file the application necessary to seek cancellation of removal by the court-ordered deadline. Special thanks to IRAC. (Matter of Aminzadem, 5/20/16)