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
Department of the Treasury Notice on Interest Rates for Immigration Bonds
Department of the Treasury notice that for the period beginning 4/1/16 and ending 6/30/16, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.30 per centum per annum. (81 FR 20448, 4/7/16)
AILA/USCIS Field Operations Directorate Liaison Q&As (4/7/16)
Official questions and answers from the 4/7/16 AILA liaison meeting with USCIS Field Operations. Topics include staffing, the Q Flo system, biometrics in removal proceedings, ECHO, Forms I-751, medical exams, social media, Quilantan entries, Forms I-924, and following up on EB-5 cases.
AILA ICE Liaison Committee Meeting Q&As (4/7/2016)
AILA ICE Liaison Committee questions and answers from the 4/7/16 liaison meeting with ICE, including information on prosecutorial discretion, OSUP orders, ISAP, bond, stays of removal, family detention, military parole in place, and ICE’s new initiative to increase community engagement.
AILA EOIR/OCAHO Liaison Meeting Minutes (4/7/16)
Minutes from the 4/7/16 AILA liaison meeting with EOIR and OCAHO. Topics include staffing and docket information, ADRs, amicus curiae briefs, E-Registry, IJ professionalism, revised docketing practices, use of technology in the courtroom, priority dockets, and the asylum one-year filing deadline.
CA6 Upholds Asylum Denial Where Chinese Petitioner Claimed to Fear Persecution Based on Religion
The court found that the IJ’s adverse credibility determination was supported by substantial evidence, and that the petitioner had not presented evidence or any argument that would compel a reasonable adjudicator to disagree with the IJ’s finding. (Zheng v. Lynch, 4/6/16)
Immigration Law Advisor, February-March 2016 (Vol. 10, No. 2)
The February-March 2016 Immigration Law Advisor, a legal publication from EOIR, includes an article on the 75th anniversary and a brief summary of its history, as well as summaries of circuit court decisions from January and February 2016 and BIA precedent decisions.
AILA Quicktake #162: CARA Files Psychological Trauma Complaint
AILA's Associate Director of Advocacy Karen Lucas shares why the CARA Family Detention Pro Bono Project submitted a complaint to OCRCL and the Office of the Inspector General, which highlights eight cases of deep psychological trauma affecting mothers held in family detention.
CA6 Says §1208.16(e) Does Not Apply to Denial of Asylum Due to Untimeliness
The court upheld the IJ’s and BIA’s denials of the petitioner’s asylum application, finding that 8 CFR §1208.16(e) did not require the IJ to reconsider the finding that the application was untimely after the petitioner was granted withholding of removal. (Fisenko v. Lynch, 4/1/16)
CA9 Finds BIA's Interpretation of “Obstruction of Justice” Raises Grave Constitutional Doubts
The court found that the BIA’s revised interpretation of “obstruction of justice” announced in Matter of Valenzuela Gallardo raised grave doubts about whether INA §101(a)(43)(S) is unconstitutionally vague. (Valenzuela Gallardo v. Lynch, 3/31/16)
One Year Later - Immigrants’ Rights Groups Providing Pro Bono Legal Services to Families Detained in Texas Continue Vital Work
The CARA Family Detention Pro Bono Project marked its one-year anniversary and highlighted the generosity of more than 700 volunteers who combined donated more than $6.75 million in pro bono work in the past year helping nearly 8,000 families start the process of seeking asylum.
Sign-On Letter to the President Opposing DHS’s Operation Border Guardian
On 3/30/16, AILA joined over 150 organization in opposing a program that the Department of Homeland Security has named “Operation Border Guardian,” and the consequence it may have on refugees fleeing violence from Central America
AILA Quicktake #161: CARA's One-Year Anniversary
AILA President Victor Nieblas shares what the CARA Family Detention Pro Bono Project has accomplished in the last year and why family detention must end.
DHS OIG Released Report on CBP’s Implementation of PREA
The DHS OIG found that CBP needs to better plan its implementation of the DHS Prison Rape Elimination Act of 2003 (PREA) regulations, develop a budget to implement the actions, and provide clear and consistent guidance to all CBP offices regarding implementation of the regulations.
BIA Finds Pro Se Respondent Did Not Validly Waive Appeal
Unpublished BIA decision finds pro se respondent did not validly waive appeal despite initially saying he would accept the IJ’s decision as final. Special thanks to IRAC. (Matter of Elwin, 3/31/16)
BIA Upholds Grant of Asylum Based on Inability to Relocate Internally
Unpublished BIA decision denies a DHS appeal and affirms a grant of asylum upon finding that immigration judge did not commit clear error in finding the respondent could not internally relocate within Pakistan. Special thanks to IRAC. (Matter of N-K-B-, 3/31/16)
EOIR Factsheet on Fighting Fraud, Abuse, and Ineffective Representation in Immigration Proceedings
EOIR provided a factsheet on its programs to fight fraud, abuse, and ineffective representation in immigration proceedings.
CARA OCRCL Complaint: Ongoing Concerns Regarding the Detention and Fast-Track Removal of Detained Children and Mothers Experiencing Symptoms of Trauma
The CARA Family Detention Pro Bono Project filed a formal complaint with the DHS Office for Civil Rights and Civil Liberties and the Office of Inspector General to register ongoing concerns regarding the detention of traumatized mothers and children in ICE family detention centers.
Obama Administration Continues to Detain Traumatized Mothers and Children Who Fled Violence
The CARA Family Detention Pro Bono Project filed a formal complaint and called for a comprehensive investigation into the psychological and physiological impact that family detention is having on children and mothers, as well as the due process violations that occur as a result.
CA7 Upholds Denial of Adjustment Application Where Marriage Was Not Deemed Bona Fide
The court upheld the BIA decision, finding that substantial evidence supported the IJ’s finding that the Bulgarian petitioner committed marriage fraud, and thus that he was ineligible for adjustment of status. (Zyapkov v. Lynch, 3/29/16)
CA9 Finds Petitioner Was Unconstitutionally Denied a New Attorney
Unpublished Ninth Circuit decision vacates petitioner’s convictions and sentences for illegal reentry, and holds that the district court violated petitioner's Sixth Amendment right to counsel by denying his requests for a new attorney. (United States v. Torres Hernandez, 3/28/16)
CA8 Finds "Dated Events" Did Not Translate into an Objectively Reasonable Present Fear of Persecution
The court held that petitioner failed to show why threats made to him by Guatemalan guerrillas in 1992, 1997, and 2006 provided an objectively reasonable basis for a present fear of particularized persecution on account of petitioner’s political opinion. (Cinto-Velasquez v. Lynch, 3/25/16)
AILA Amicus Brief on Jurisdiction over Timely Appeal Filed After Waiver of Right to Appeal
AILA amicus brief filed with the Ninth Circuit arguing that the BIA has jurisdiction over a timely appeal that is filed after a waiver of the right to appeal, and that the regulations are an impermissible contraction of the BIA's jurisdiction and are inconsistent with the statute’s plain language.
BIA Rescinds In Absentia Order Issued Prior to Scheduled Hearing Time
Unpublished BIA decision rescinds in absentia order issued more than 30 minutes before respondent was scheduled to appear. Special thanks to IRAC. (Matter of Carreiro, 3/24/16)
CA11 Affirms Dismissal of Bivens Claim Alleging Unconstitutionally Prolonged Detention
The court affirmed the district court's dismissal of the plaintiff's Bivens action, holding that no Bivens remedy is available to a plaintiff who claims that immigration officials unconstitutionally prolonged his detention. (Alvarez v. ICE, 3/24/16)
CA9 Says “Habitual Drunkard” Bar to Good Moral Character Is Unconstitutional
The court held that INA §101(f)(1) is unconstitutional under the Equal Protection Clause, because there is no rational basis to classify people afflicted by chronic alcoholism as innately lacking good moral character (Ledezma-Cosino v. Lynch, 3/24/16)