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
CA8 Upholds Asylum Denial to Mexican Family Who Feared Persecution of Matazetas Gang
The court held that the petitioners, who claimed that the Matazetas gang would persecute them if they were returned to Mexico, failed to show that the government of Mexico either condoned the conduct or was unable to protect the victims. (Saldana v. Lynch, 4/28/16)
CA4 Finds Receipt of Embezzled Property Is Not Categorically an Aggravated Felony
The court found that the BIA erred in concluding that the petitioner was an aggravated felon who was ineligible for cancellation of removal, holding that a conviction for receipt of embezzled property is not an INA aggravated felony under the categorical approach. (Mena v. Lynch, 4/27/16)
H. Res. 708
On 4/27/16, Representatives Raul Grijalva (D-AZ), Keith Ellison (D-MN), and Judy Chu (D-CA) introduced a resolution to repeal specific provisions of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) and the Antiterrorism and Effective Death Penalty Act (AEDPA).
CA5 Says Former Informants Do Not Constitute a Particular Social Group
The court denied the petition for review, finding that the petitioner's proposed social group of former informants against the Zetas, a Mexican criminal syndicate, was not sufficiently particular as to constitute a particular social group (PSG). (Hernandez-De La Cruz v. Lynch, 4/26/16)
Board of Immigration Appeals Practice Manual
Updated version of the Board of Immigration Appeals Practice Manual, dated 4/26/16. Table of changes is listed on page 211.
CA1 Denies Petition for Review But Encourages Government to Exercise PD
The court upheld the IJ and BIA’s decision that petitioner was removable as “an alien present in the United States without being admitted or paroled” under INA §212(a)(6)(A)(i), but encouraged the government to exercise prosecutorial discretion (PD) in this case. (Acosta v. Lynch, 4/22/16)
CA1 Finds Petitioner’s Maine Assault Conviction Was Not a “Crime of Violence”
On rehearing, the court vacated BIA’s decision and remanded, holding that under Moncrieffe v. Holder, the petitioner’s Maine assault conviction was not a “crime of violence,” and thus, he was eligible to seek cancellation of removal. (Peralta Sauceda v. Lynch, 4/22/16)
CA8 Finds Submission of I-751 Petition Was Overt Act in Furtherance of Marriage Fraud Conspiracy
The court held that the petitioner's submission of an I-751 petition constituted an overt act in furtherance of his conspiracy to commit marriage fraud, thereby extending his conspiracy crime to a date within five years of his admission to the United States. (Ashraf v. Lynch, 4/22/16)
EOIR Swears in Two Immigration Judges
EOIR announced the investiture of two immigration judges (IJs). Attorney General Loretta E. Lynch appointed Kuyomars Golparvar as an IJ at the York Immigration Court and Robin J. Rosche as an IJ at the Chicago Immigration Court.
CA8 Says Petitioner's Convictions for Domestic Assault in Iowa Were Not Categorically CIMTs
The court held that the BIA erred in declining to review the petitioner's record of convictions for domestic abuse assault in Iowa under the modified categorical approach in order to determine whether he was convicted under a subsection that describes a CIMT. (Perez Alonzo v. Lynch, 4/22/16)
BIA Remands Record Because Respondent Never Pleaded to the NTA
Unpublished BIA decision remands the record because the immigration judge did not require the respondent to plead to the allegations of fact and the charge of removability in the Notice to Appear. Special thanks to IRAC. (Matter of Trujillo-Ma, 4/22/16)
Blazing a Trail: The Fight for Right to Counsel in Detention and Beyond
The National Immigration Law Center published a report on representation for detained immigrants, titled “Blazing a Trail: The Fight for Right to Counsel in Detention and Beyond,” highlighting the work being done to secure a right to counsel in immigration court, especially for detained people.
AIM: The Benefits of DACA
In AILA's April Interview of the Month, DACA recipient and paralegal Alex Alvarado shares his story of how deferred action has impacted his life and why events like AILA's National Day of Action are important to continuing to push for immigration reform.
CA5 Upholds Determination That Salvadoran Is Not Eligible to Adjust Status
The court upheld the BIA’s determination that the Salvadoran petitioner could not adjust his status to permanent resident, because he had not presented evidence sufficient to show that he had been lawfully admitted to the United States. (Gomez v. Lynch, 4/20/16)
Supreme Court Rules on Incorrect Use of Sentencing Guidelines in Illegal Re-Entry Case
The U.S. Supreme Court held that courts reviewing the use of an incorrect Guidelines range cannot apply a categorical "additional evidence" rule where a district court applied an incorrect range but sentenced the defendant within the correct range. (Molina-Martinez v. United States, 4/20/16)
BIA Orders Further Consideration of Continuance Denied During Off-the-Record Conversation
Unpublished BIA decision remands for further consideration and issuance of a written decision regarding a request for a continuance that the immigration judge denied during an off-the-record conversation. Special thanks to IRAC. (Matter of Paz-Ochoa, 4/20/16)
CA11 Upholds Asylum Denial to Former Member of Honduran Gang
The court upheld the BIA's conclusion that the petitioner, a former member of the Mara-18 gang in Honduras, was not a member of a “particular social group” entitled to protection under INA §241(b)(3). (Gonzalez v. Att’y Gen., 4/19/16)
TRAC Report Find that In Six States, Immigration Relief Takes Over 1,000 Days on Average
A TRAC report found that despite the appointment of new immigration judges, the March 2016 Immigration Court backlog reached 486,206 pending cases. In FY2016, being granted relief took an average of more than 1,000 days in six states: New York, Arizona, Illinois, Nevada, California, and Ohio.
In the Balance: Backlogs Delay Protection in the U.S. Asylum and Immigration Court Systems
Human Rights First examines the impact that systemic delays in both the USCIS Asylum Division and the immigration courts have on the integrity of the U.S. immigration system and on asylum seekers and their families. It also offers solutions for eliminating the backlogs and lessening delays.
Webcast with the Experts: United States v. Texas
Watch AILA’s Director of Advocacy Greg Chen, American Immigration Council’s Legal Director Melissa Crow, and UCLA School of Law Professor Hiroshi Motomura as they recap and offer expert analysis of the U.S. Supreme Court oral arguments in the United States v. Texas case.
Supreme Court Hears Arguments on Executive Branch’s Immigration Powers
AILA President Victor Nieblas Pradis commented on the oral arguments heard today in United States v. Texas noting, “AILA is confident that on the law and facts at issue in this case, it is increasingly clear that there is ample authority and precedent for the president to take these steps.”
Educational Materials on United States v. Texas
The Committee for Immigration Reform Implementation (CIRI) partners have developed flyers that stakeholders can use to share information about United States v. Texas with the public. Please feel free to download, customize, and use these flyers.
BIA Remands Where Respondent's Proposed Social Group Is "Working Class, Single Women in Michoacán"
Unpublished BIA decision remands where the lead respondent claimed that her children would be more vulnerable to gang recruitment due to her status as a single woman without male support and a lack of adequate parental supervision, which would amount to persecution of her as their parent.
CA9 Affirms Denaturalization Order Where Appellant Conspired to Commit Visa Fraud
Unpublished CA9 decision affirms the district court's ruling that the naturalization of the appellant, who pled guilty to conspiracy to commit visa fraud, should be revoked, because he lacked good moral character in the five years prior to naturalization. (United States v. Olivar, 4/18/16)
BIA Rescinds In Absentia Order Due to Erroneous Advice of Legal Assistant
Unpublished BIA decision rescinds in absentia removal order in light of erroneous advice given by respondent’s prior attorney’s legal assistant that his hearing date would automatically be changed upon his release on bond. Special thanks to IRAC. (Matter of Iracheta, 4/18/16)