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 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)
BIA Vacates Marriage Fraud Finding Against Respondent with Approved Visa Petition
Unpublished BIA decision holds that the IJ erroneously found the respondent to be ineligible to adjust status under INA §204(c) where USCIS had already granted the visa petition. Special thanks to IRAC. (Matter of Malaviya, 5/20/16)
BIA Says Plea Colloquy Trumps Conflicting Information in Minute Order
Unpublished BIA decision finds that respondent was convicted under Cal. Penal Code §288(a), not Cal. Penal Code §288a, stating that transcript of plea colloquy trumped conflicting references in minute order and abstract of judgment. Special thanks to IRAC. (Matter of Suarez-Cortes, 5/20/16)
BIA Says Arizona Felony Conviction for Solicitation to Possess Marijuana for Sale Is a CIMT
The BIA held that, within the jurisdiction of the Ninth Circuit, a returning LPR who has a felony conviction for solicitation to possess marijuana for sale is an arriving alien who is inadmissible under INA §212(a)(2)(A)(i)(I). Matter of Gonzalez Romo, 26 I&N Dec. 743 (BIA 2016)
ICE FAQs on Agreement Between USCIS and ICE on Fingerprint Check Refresh Requests
ICE FAQs on the USCIS/ICE agreement establishing a process to refresh fingerprint checks on non-detained respondents with cases pending before EOIR whose fingerprints have been taken, but the fingerprint checks will expire prior to a final decision by EOIR. Agreement is effective as of 3/31/16.
BIA Reopens Proceedings Sua Sponte for UAC Who Failed to Appear at His Removal Hearing
Unpublished BIA decision grants a motion to rescind an in absentia removal order and reopen removal proceedings for a UAC who failed to attend his removal proceedings, finding that the respondent had presented an exceptional situation to warrant sua sponte reopening. Courtesy of Douglas Thie.
CA4 Finds IJs Are Not Required to Warn of Consequences of Filing a Frivolous Asylum Application
The court held that the warning set forth in the I-589 asylum application regarding the consequences of filing a frivolous asylum application satisfies INA §208(d)(4)(A)’s requirement that the applicant must be notified of such consequences. (Ndibu v. Lynch, 5/19/16)
District Court Grants Petition for Writ of Habeas Corpus and Orders Bond Hearing for Detainee
The court found that petitioner’s prolonged and continued detention (for more than three years and two months) without a bond hearing had become unreasonable under INA §236(c), and ordered that the petitioner receive a bond hearing within 30 days. (Chairez-Castrejon v. Bible, et al., 5/19/16)
Supreme Court Says State Offense Need Not Have Link to Interstate Commerce to Be Aggravated Felony
The U.S. Supreme Court upheld the denial of cancellation of removal, holding that a state offense counts as an aggravated felony under INA §101(a)(43) even if it does not contain a link to interstate commerce. (Luna Torres v. Lynch, 5/19/16)
AILA Quicktake #167: Prepping for the Impact of ICE Raids
AILA General Counsel Laura Lichter shares information on what AILA members need to know about how they can help women and unaccompanied children who may be subject to raids and what resources are available.
Mothers and Children Detained in Violation of Court Order Plead for Freedom
Pleading for an end to their imprisonment, 69 mothers who have been detained with their children at the South Texas Family Residential Center, an immigration detention facility in Dilley, Texas, wrote a public letter to Immigration and Customs Enforcement (ICE).
TRAC Report Finds Texas Immigration Court Leads U.S. in Issuing Removal Orders
A TRAC report found that Immigration Court judges issued 44,204 removal orders as of April 2016. Texas leads the nation with 10,102 removal orders issued, followed by California and Georgia. During April 2016, 1,186 of the 6,347 individuals ordered removed were women with children.
CA9 Issues Superseding Opinion in Yang v. Lynch
In a superseding opinion, the court made several amendments to its original decision, clarifying that, on a motion to reopen, the BIA cannot make the kind of credibility determination inherent in a decision to apply the falsus maxim. (Yang v. Lynch, 5/19/16)