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
Practice Pointer: I-751 Waiver Strategies
AILA’s VSC Liaison Committee provides a practice pointer addressing strategies for filing a I-751 petition in cases in which the applicant is separated or divorced from the petitioning spouse, or if the applicant is in removal proceedings or has a final order of removal.
EOIR Swears in Eight Immigration Judges
EOIR announced the investiture of eight immigration judges. Attorney General Loretta E. Lynch appointed Raisa Cohen, Evalyn P. Douchy, D’Anna H. Freeman, Rebecca B. Jamil, Elise M. Manuel, R. Reid McKee, Vernon B. Miles, and Morris I. Onyewuchi to their new positions.
CA6 Finds DHS Cannot Reopen Case Against Bangladeshi Asylum Grantee
The court held that BIA abused its discretion in granting DHS’s motion to reopen, finding that documents proffered by DHS allegedly showing petitioner’s story to be fraudulent were previously available and could have been discovered at petitioner’s prior hearing. (Sakhawati v. Lynch, 3/14/16)
H. Res. 639: Authorizing the Speaker to Appear in United States v. Texas
House Resolution 639 authorized the Speaker to appear as amicus curiae on behalf of the House of Representatives in the matter of United States v. Texas.
CA3 Finds NTA Omitting Statutorily Required Information Did Not Trigger "Stop Time" Rule
The court held that service of an NTA that lacked specificity as to date and time of petitioner's removal proceedings did not discontinue petitioner's residency period for purposes of the “stop-time” rule. (Orozco-Velasquez v. Att'y Gen., 3/11/16)
Letter to Director Rodríguez on USCIS Processing Delays
A 3/11/16 letter from AILA to USCIS Director León Rodríguez, expressing concerns over significant backlogs in processing a variety of applications and petitions for immigration benefits, and a lack of transparency communicating current processing times to the public.
AILA: Federal Government Continues Unnecessarily Harsh Enforcement Tactics Harming Families and Communities
AILA President Victor Nieblas stated, “DHS enforcement policies involving women and children seeking asylum at our borders violate due process, repudiate our fundamental values of fairness and justice, and have sown widespread fear and turmoil in communities, schools, and churches nationwide.”
USCIS Provides Guidance on Processing Affirmative Applications (Form I-589) Filed by Applicants in Expedited Removal and Processing Credible Fear Case
USCIS released a memorandum with procedures for processing affirmative asylum applications (Form I-589) filed by individuals in expedited removal and for processing credible fear cases for individuals who are in expedited removal and who are not in immigration detention (non-detained).
BIA Rules on Requirements to Adjust Status Under the Legalization Provisions of INA §245A
The BIA held that a noncitizen seeking to acquire LPR status through INA §245A must establish admissibility both at the time of the initial application for temporary resident status and when applying for adjustment to permanent resident status. Matter of Villalobos, 26 I&N Dec. 719 (BIA 2016)
CA9 Holds Conviction for Written Perjury in CA Is Not a CIMT
Applying the modified categorical approach, the court held that petitioner's conviction for written perjury under California law did not constitute a crime involving moral turpitude (CIMT). (Rosales Rivera v. Lynch, 3/10/16)
BIA Reverses Finding That DHS Rebutted Respondent’s Presumption of a Well-Founded Fear
Unpublished BIA decision reversed the IJ’s finding that a fundamental change in circumstances had occurred in Togo such that would rebut the presumed well-founded fear of persecution of an asylum applicant who had suffered past persecution. Courtesy of Charles Ellison.
Q&As from AILA Meeting with USCIS Transformation (3/9/16)
Questions and answers from the AILA meeting with USCIS Transformation on 3/9/16. Topics include attorney interface with ELIS, technical assistance, new developments, Form I-90, USCIS Immigrant Fee, and statistics on ELIS usage by both pro se applicants and attorney represented applicants.
Statement By Secretary Jeh Johnson on Southwest Border Security in February 2016
In this statement, DHS Secretary Johnson comments on the number of apprehensions on the southwest border in February 2016. The statement also outlines steps being taken by DHS to manage unaccompanied minors, “Operation Border Guardian,” repatriation, and the Refugee Admissions Program.
Amicus Brief Filed By 326 Organizations in United States v. Texas Urging Supreme Court to Lift Injunction Against DAPA/DACA
AILA joined the American Immigration Council and 324 other immigration, civil rights, and community groups in an amicus brief urging the U.S. Supreme Court to lift the preliminary injunction blocking the implementation of DAPA and expanded DACA, President Obama’s executive actions on immigration.
AILA Joins Brief Urging Supreme Court to Uphold Executive Branch’s Immigration Powers
AILA joined a multitude of stakeholders urging the U.S. Supreme Court to affirm the executive branch’s authority over immigration issues; oral arguments in the case, United States vs. Texas, are scheduled for April 18, 2016, and a decision is expected later in June 2016.
Sign-On Letter Opposing Amendment to Eliminate Protections for Unaccompanied Children
On 3/8/16, AILA signed on to a letter opposing Senator John McCain’s (R-AZ) Amendment No. 3407, which would eliminate protections for unaccompanied children by stripping away critical protections in the TVPRA of 2008 for all unaccompanied children arriving in the United States.
BIA Orders Further Consideration of Motion to Suppress
Unpublished BIA decision remands for further consideration of motion to suppress where arresting officer did not testify at hearing and IJ failed to address whether officer had valid basis to hold respondent after initial stop. Special thanks to IRAC. (Matter of Velazco, 3/8/16)
AILA Comments on Revisions to Form I-131, Application for Travel Document
AILA provides comments in response to the USCIS 60-Day notice and request for comments on proposed revisions to Form I-131 and accompanying instructions.
CA1 Says Stop-Time Rule Applies to All Orders to Show Cause
The court concluded that the stop-time rule applies to all Orders to Show Cause (OSCs), regardless of the date of issue, and irrespective of whether deportation proceedings were pending or final on April 1, 1997. (Santos-Quiroa v. Lynch, 3/5/16)
Letter from Atlanta Area Educator to Secretary Jeh Johnson to Support Kimberly
Letter dated 3/4/16 from educator with 24 years of experience supporting Kimberly Pineda Chavez and describing how afraid her students now are because of the recent ICE raids.
AILA Quicktake #158: DACA at Year Three
American Immigration Council's Director of Policy Beth Werlin shares details of a report released by the Council, DACA at Year Three, which looks at the challenges and opportunities in accessing higher education and employment for DACA recipients.
CA10 Says Petitioner's Utah Conviction for Unlawful Sexual Activity with a Minor Is Not an Aggravated Felony
The court held that a conviction under Utah’s “unlawful sexual activity with a minor” statute does not fall categorically within the INA’s generic “sexual abuse of a minor” offense, and thus does not qualify as an aggravated felony under the INA. (Rangel-Perez v. Lynch, 3/1/16)
DOJ OIL March/April 2016 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for March/April 2016, with articles on Ledezma-Cosino v. Lynch and Gonzalez v. Attorney General, as well as summaries of circuit court decisions for March/April 2016.
ICE Notice of Federal Advisory Committee on Family Residential Centers Meeting
ICE notice of a federal Advisory Committee on Family Residential Centers meeting on 3/16/16 in San Antonio, TX, to brief committee members on ICE’s family residential centers and to review and assess the committee tasking. (81 FR 10267, 2/29/16)
GAO Report Finding Additional Actions are Needed to Strengthen Management and Oversight of Detainee Medical Care
GAO reviewed ICE data and information on costs, detention population, standards, and oversight for 165 facilities that held detainees for more than 72 hours in FY2015 and made recommendations on how to strengthen management and oversight of detainee medical care.