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
DHS Withdraws Appeals of Order Terminating Proceedings Against Former UNNJ Student
Unpublished BIA decision notes the withdrawal of a DHS appeal challenging a decision terminating proceedings against a former student at the fake University of Northern New Jersey for being present in violation of law. Special thanks to IRAC. (Matter of Kasim Reddy, 11/18/16)
CBP Issues Guidance on the Form I-212 Fee Increase
CBP issued guidance on the fee increase for Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, effective 12/23/16.
ICE Provides Final Settlement Information Regarding Telephone Access in Immigration Detention
ICE provided information regarding a final settlement in Lyon, et al. v. ICE, et al. on telephone access for all current and future adult immigration detainees who are or will be held by ICE in Contra Costa County, Kern County, Sacramento County, or Yuba County.
AILA EOIR Stakeholder Meeting Minutes (11/17/16)
Unofficial minutes from the 11/17/16 EOIR stakeholder meeting. Topics include staffing and docket information, consistency in following the Immigration Court Practice Manual, use of technology in the courtroom, priority dockets, and increased security measures.
Highlights from EOIR Stakeholder Meeting (11/17/16)
AILA’s EOIR Liaison committee provides the following updates from the 11/17/16 EOIR stakeholder meeting: use of electronics in EOIR space, consistency in the application of the ICPM, and applications for suspension of deportation/cancellation of removal in non-detained cases.
House Members Urge President Obama to Pardon DREAMers
On 11/17/16, Representatives Zoe Lofgren (D-CA), Luis Gutierrez (D-IL), and Lucille Roybal-Allard (D-CA) urged President Obama to exercise his constitutional authority to provide pardons to DREAMers.
BIA Says Arizona Conviction for Shoplifting Is a Crime Involving Moral Turpitude
The BIA sustained DHS’s appeal from the IJ’s decision terminating the removal proceedings against the respondent, holding that shoplifting under Arizona Revised Statutes §13-1805(A) is a categorical crime involving moral turpitude (CIMT). Matter of Diaz-Lizarraga, 26 I&N Dec. 847 (BIA 2016)
BIA Says New York Conviction for Petit Larceny Is a Crime Involving Moral Turpitude
The BIA held that petit larceny in violation of N.Y.P.L. §155.25, which requires intent to deprive an owner of his property permanently or under circumstances where the owner’s property rights are substantially eroded, is categorically a CIMT. Matter of Obeya, 26 I&N Dec. 856 (BIA 2016)
CA9 Upholds BIA’s Retroactive Application of Supreme Court’s Decision in Holder v. Martinez Gutierrez
The court upheld BIA’s decision retroactively applying to petitioner the holding in Holder v. Martinez Gutierrez that a cancellation of removal applicant must satisfy the years-of-residence requirement on his own, without relying on a parent’s history. (Lemus v. Lynch, 11/16/16)
DHS Notice of Homeland Security Advisory Council Meeting
DHS notice that the Homeland Security Advisory Council will meet on 12/1/16 in Washington, D.C. The Council may deliberate on the Privatized Immigration Detention Facilities Subcommittee’s interim report or final recommendations. Comments and registration are due by 11/28/16. (81 FR 80677, 11/16/16)
BIA Rescinds In Absentia Order Due to Mistake By Bond Company in Reporting Address
Unpublished BIA decision rescinds in absentia order where bond company failed to include respondent’s apartment number when reporting his address to the immigration court. Special thanks to IRAC. (Matter of Aparicio, 11/15/16)
Migration Policy Institute: Who Might Be a Priority for Removal
The Migration Policy Institute provides a report, “Unauthorized Immigrants with Criminal Convictions: Who Might Be a Priority for Removal,” regarding the number of unauthorized immigrants who could be deported because of criminal records when the Trump administration takes charge.
ACLU Files Suit Challenging Government’s Policy of Setting Immigration Bonds Without Regard to Noncitizens’ Financial Resources
The American Civil Liberties Union filed a lawsuit in the U.S. District Court for the Central District of California seeking to require the federal government to apply standards similar to those used in criminal cases when it sets bail bonds for immigrants. (Hernandez v. Lynch, 4/6/16)
AILA Submits Amicus Brief on Due Process Rights of Immigrant Deportees
The AILA Amicus Committee filed an amicus brief with the Connecticut Supreme Court asking to reverse the decision barring post-conviction motions and appeals in instances where the defendant is removed from the United States. The brief argued the defendant was denied due process based on alienage.
CA5 Upholds Withholding of Removal Denial to Petitioner Who Feared Persecution in Mexico for Perceived Wealth
The court held that persons believed to be wealthy because they are returning to their home country from the United States do not constitute a sufficiently particular social group to support an application for withholding of removal. (Gonzalez-Soto v. Lynch, 11/14/16)
BIA Reopens Proceedings Following Grant of TPS
Unpublished BIA decision reopens proceedings for respondent to seek administrative closure or other relief based on grant of TPS. Special thanks to IRAC. (Matter of Euceda-Rueda, 11/10/16)
AILA Comments on DHS's Retrospective Review of Existing Regulations
AILA provides comments in response to the request for information on the Department of Homeland Security’s (DHS) retrospective review of existing regulations pursuant to Executive Order 13563, “Improving Regulation and Regulatory Review,” issued by the President on January 18, 2011.
District Court Orders Government to Reform Immigration Bond Practices in Ruling on ACLU Lawsuit
The U.S. District Court for the Central District of California issued a preliminary injunction ordering the federal government to implement reforms in their system for setting bail bonds to ensure that immigrants are not detained merely based on their poverty. (Hernandez v. Lynch, 11/10/16)
TRAC Releases Asylum Denial Rates for Each Immigration Court Judge
TRAC provides information on asylum denial rates for Immigration Court judges. This report consists of 268 separate reports and includes each Immigration Judge who decided at least 100 asylum cases between FY2011 and FY2016.
TRAC Report Demonstrates Immigration Court’s Rising Backlog
This TRAC report finds that during October 2016, the Immigration Court’s backlog rose by 5,645 cases, reaching a total of 521,676. In California, the backlog rose to a total of 95,801 cases as of October 31, 2016, representing the largest backlog among states in the country.
EOIR Expands LOP to Three Additional Detention Sites
EOIR announced the expansion of the Office of Legal Access Programs’ Legal Orientation Program (LOP) to three additional detention sites: Irwin County Detention Center, Polk County Detention Center (IAH Secure), and Rolling Plains Detention Center. There are now 41 LOP sites.
CA3 Says 18 USC §16(b)’s Definition of “Crime of Violence” Is Unconstitutionally Vague
Applying the U.S. Supreme Court’s decision in Johnson v. United States, the court held that the definition of a “crime of violence” provided in 18 USC §16(b) is void for vagueness under the Due Process Clause of the Fifth Amendment. (Baptiste v. Att'y Gen., 11/8/16)
EOIR Swears in Five Immigration Judges
EOIR announced the investiture of five new immigration judges. After a thorough application process, Attorney General Loretta E. Lynch appointed Kerri A. Calcador, Randall Wilson Duncan, Rico M. Sogocio, Karen M. Donoso Stevens, and Dean S. Tuckman to their new positions.
BIA Says Florida Conviction for Possession with Intent to Sell Is Not an Aggravated Felony
Unpublished BIA decision finds that the respondent’s Florida conviction for possession with intent to sell a controlled substance does not constitute an “illicit trafficking” offense and thus is not a conviction for an aggravated felony. Courtesy of Patricia Cooper. (Matter of –, 11/8/16)
Minutes from AILA/CBP Field Operations Liaison Meeting (11/4/16)
AILA’s CBP Office of Field Operations (OFO) Liaison Committee provides unofficial minutes from a meeting with CBP OFO on 11/4/16. Topics include: EVUS, new I-94 website, TN/L-1 checklists, returning residents, ARO issues, unlawful presence, visa/I-94 revalidation, and transgender admissions.