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
CA3 Says PA Conviction for Possession with Intent to Manufacture or Deliver Cocaine Is an Aggravated Felony
The court denied the petition for review, holding that the petitioner’s Pennsylvania conviction for possession with intent to manufacture or deliver cocaine constituted an aggravated felony under the INA. (Bedolla-Avila v. Lynch, 6/23/16)
CA3 Says Petitioner’s PA Cocaine Charge Resulted in “Conviction” Under the INA
The court held that the record from petitioner’s Pennsylvania controlled substance case established his plea, the court’s findings, the sentence, and adjudication, and thus a formal judgment of guilt was entered, establishing his conviction under the INA. (Frias-Camilo v. Att'y Gen., 6/23/16)
Supreme Court Affirms Fifth Circuit’s Decision in United States v. Texas
An equally divided U.S. Supreme Court affirmed the Fifth Circuit's decision, effectively upholding the lower court’s injunction halting the expansion of the DACA program and the creation of the new DAPA program. (United States v. Texas, 6/23/16)
AILA: Divided Supreme Court Leaves Millions of Immigrant Families in Limbo
AILA responded to the Supreme Court’s 4-4 deadlock in United States v. Texas with AILA Executive Director Benjamin Johnson noting, “Though today’s decision is disappointing, we must remember that this is not the end of the road for these incredibly important programs.”
AILA Member Talking Points on SCOTUS United States v. Texas Deadlock
AILA members can use these Talking Points with media when asked about the U.S. Supreme Court deadlock in United States v. Texas.
Fact Sheet on EOIR’S Fraud and Abuse Prevention Program
EOIR provided a fact sheet on its Fraud and Abuse Prevention Program. The goal of the program is to protect the integrity of EOIR’s removal proceedings.
CA8 Finds IJ’s Adverse Credibility Determination Was Supported by Cogent Reasons
The court denied the petition for review, finding that the IJ and BIA’s negative findings regarding petitioner’s credibility were supported by specific, cogent reasons and that substantial evidence supported the denial of asylum and CAT claims. (Arevalo-Cortez v. Lynch, 7/22/16)
CA1 Upholds IJ’s Denial of Discretionary Relief under NACARA
The court dismissed the petition for review for lack of jurisdiction, finding that the petitioner’s challenge to the underlying discretionary denial of relief under Section 203 of NACARA failed to raise a colorable legal or constitutional claim. (Lima v. Lynch, 6/21/16)
BIA Solicits Amicus Briefs on Commitments to Mental Health Facilities
The BIA invites interested members of the public to file amicus curiae briefs on whether a respondent who has been committed to a mental health treatment facility is “detain[ed] . . . in custody” or “release[d]” within the meaning of 8 CFR §1236.1(d)(1). Briefs are due by 7/21/16.
BIA Says Bond Not Required for Voluntary Departure Under Safeguards
Unpublished BIA decision holds that IJ erroneously required posting of $500 bond for detained respondent granted voluntary departure under safeguard. Special thanks to IRAC. (Matter of Ivarra, 6/20/16)
Empty Benches: Underfunding of Immigration Courts Undermines Justice
AIC report analyzing the shortage of immigration judges in the U.S. immigration system. Congress has increased enforcement funding exponentially, yet has not provided the immigration courts commensurate funding and the resulting backlog has led to serious adverse consequences.
BIA Finds Prior Attorneys Provided Ineffective Assistance By Failing to Investigate Eligibility for Cancellation of Removal
Unpublished BIA decision finds that respondent’s two prior attorneys failed to adequately investigate whether she satisfied the seven-year continuous residence requirement necessary to apply for cancellation of removal. Special thanks to IRAC. (Matter of Lopez, 6/17/16)
CA6 Finds USCIS’s Denial of Adjustment Application Was Final Agency Action Under APA
The court reversed the district court, holding that where no removal proceedings are pending, USCIS’s denial of an application for adjustment of status under INA §209 marks the consummation of the agency’s decision-making process. (Hosseini v. Johnson, et al., 6/17/16)
CA4 Says BIA Did Not Abuse Its Discretion in Denying Equitable Tolling
The court concluded that the BIA acted within its discretion in denying the petitioner’s request to equitably toll the 90-day statutory deadline to file a motion to reopen, and that it lacked jurisdiction to review the BIA’s decision to deny sua sponte reopening. (Lawrence v. Lynch, 6/17/16)
CA8 Upholds Denial of Asylum to Guatemalan Mother and Her Minor Sons
The court upheld BIA’s denial of asylum, finding that petitioners, a Guatemalan mother and her minor sons, failed to establish past persecution or to show a well-founded fear of future persecution on the basis of their family membership. (Garcia-Milian v. Lynch, 6/17/16)
BIA Orders Further Consideration of Particular Social Group
Unpublished BIA decision reverses adverse credibility finding and orders further consideration of asylum application based on particular social group consisting of “witnesses of criminal conduct committed by Guatemalan police.” Special thanks to IRAC. (Matter of E-D-R-, 6/17/16)
Sign-On Letter on Immigration Raids and Other Enforcement Actions Against Central American
On 6/16/16, more than 156 organizations joined AILA in urging DHS Secretary Jeh Johnson and Attorney General Loretta Lynch to stop using aggressive tactics against Central Americans, especially families and children, and to ensure due process before an individual is deported.
DHS OIG Report on the Release of Jean Jacques from ICE Custody
DHS Office of Inspector General (OIG) issued a report on the circumstances by which Jean Jacques, a Haitian national previously convicted of attempted murder and subject to a final order of removal, was released from ICE custody and killed another individual while on release.
BIA Says Arizona Shoplifting Not a CIMT
Unpublished BIA decision holds shoplifting under Ariz. Rev. Stat. 13-1805 is not a crime involving moral turpitude because it does not require an intent to permanently deprive the owner of property. Special thanks to IRAC. (Matter of Carlos-Solis, 6/16/16)
BIA Finds Evidence of Marriage Fraud Not Sufficiently Reliable
Unpublished BIA decision finds that evidence of marriage fraud was impermissibly unreliable where notes from USCIS officer were unauthenticated and written statement from prior spouse did not address bona fides of the marriage. Special thanks to IRAC. (Matter of Joda, 6/15/16)
CA11 Outlines Approach for Determining When a Detained Criminal Noncitizen Must Receive a Bond Hearing
The court held that INA §236(c) contains an implicit temporal limitation against the unreasonably prolonged detention of criminal noncitizens without an individualized bond hearing, and outlined a way to determine when detention becomes unreasonably protracted. (Sopo v. Att'y Gen., 6/15/16)
Due Process Denied: Central Americans Seeking Asylum and Legal Protection in the United States
In this report, AILA makes recommendations to restore due process for the thousands of Central American children, families, and single adults who are seeking asylum and legal protection at our border from grave and life-threating violence that has plagued the Northern Triangle region.
CARA Shares Update on Recent ICE Actions Targeting Central American Families
CARA shares new details about Central American families targeted by ICE enforcement actions for deportation. The cases show that the U.S. government is denying due process and meaningful opportunities to seek asylum or other legal protection; many families have claims that have never been heard.
AILA Details Necessary Steps to Guarantee Due Process to Refugees and Asylum Seekers
In a statement highlighting the release of AILA’s new Due Process Denied report, AILA President Victor Nieblas Pradis noted, “The response thus far from the Obama Administration to the refugee situation in Central America has been abysmal...We can, and must, do better than this.”
AILA Quicktake #168: Due Process Denied
AILA's Director of Advocacy Greg Chen shares details from AILA's report on the due process violations Central Americans are experiencing as they seek protection in the United States.