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
Immigration Law Advisor, December 2016 (Vol. 10, No. 9)
The December 2016 issue of Immigration Law Advisor includes an article on what Johnson v. United States might mean for the INA’s crime of violence aggravated felony provision, as well as summaries of circuit court decisions from November 2016 and BIA precedent decisions.
DHS Releases the Annual Flow Report on Immigration Enforcement for 2016
DHS stated that its immigration enforcement components adhered to the priorities set forth in Secretary Johnson’s 11/20/14 memo with 98% of initial enforcement actions during FY2016 involving individuals who were classified within one of the three enforcement priority categories.
DHS Releases the Annual Flow Report on Immigration Enforcement for 2015
DHS stated that its immigration enforcement components adhered to the priorities set forth in Secretary Johnson’s 11/20/14 memo with 97% of initial enforcement actions during FY2015 involving individuals who were classified within one of the three enforcement priority categories.
CBP Releases its Border Security Report for FY2016
CBP released a report on border security during FY2016, with total apprehensions by Border Patrol equaling 415,817. In FY2016, 59,757 unaccompanied children and 77,857 family units were apprehended. Report notes that CBP purchased 87 body-worn or vehicle-mounted cameras at the end of FY2016.
Secretary Johnson Letter to the Congress on Safeguarding DACA Applicant Information
DHS Secretary Johnson sent a 12/30/16 letter to Congress regarding the use of personal identifying info of DACA applicants, stating, “DHS has consistently made clear that information… would be safeguarded from other immigration-related purposes…these representations… must continue to be honored.”
BIA Remands Record Because IJ Failed to Address Request for Administrative Closure
Unpublished BIA decision remands record because IJ issued summary order of removal without addressing respondent’s request for administrative closure. Special thanks to IRAC. (Matter of Antiveros, 12/30/16)
BIA Holds California Fleeing Peace Officer Not a CIMT
Unpublished BIA decision holds that fleeing or eluding a pursuing peace officer under Cal. Veh. Code 2800.2 is not a CIMT. Special thanks to IRAC. (Matter of Phan, 12/30/16)
CA9 Upholds Denial of Asylum to Mongolian Whistleblower
Applying the three-factor framework of Matter of N–M–, the court denied the petition brought by a Mongolian citizen who sought asylum and other relief based on his whistleblowing of corruption by a privately-owned former employer. (Lkhagvasuren v. Lynch, 7/13/16, amended 12/30/16)
BIA Says Crime of Perjury Is An Aggravated Felony
The BIA concluded that the crime of perjury in violation of section 118(a) of the California Penal Code is categorically an offense relating to perjury under section 101(a)(43)(S) of the INA and therefore is an aggravated felony. Matter of Alvarado, 26 I&N Dec. 895 (BIA 2016)
BIA Finds NTA That Respondent Never Received Does Not Trigger Stop-Time Rule
Unpublished BIA decision holds that period of continuous physical presence was not stopped by service of an NTA that respondent never received as reflected by subsequent rescission of in absentia order of removal. Special thanks to IRAC. (Matter of Lucero, 12/27/16)
A Guide to Assisting Asylum-Seekers with In Absentia Removal Orders
The Asylum Seeker Advocacy Project (ASAP) at the Urban Justice Center and CLINIC prepared a guide on Motions to Rescind and Reopen for advocates working to prevent the deportation of families who crossed the U.S.-Mexico border seeking asylum and have been ordered removed in absentia by an IJ.
BIA Orders SIJS Case Heard by New IJ on Remand
Unpublished BIA decision holds that IJ denied respondent the opportunity to request continuance to seek SIJS and orders case to be heard by different IJ due to concerns about the fairness of the proceedings. Special thanks to IRAC. (Matter of W-L-A-M-, 12/23/16)
S. 3542: Bar Removal of Immigrants Who Dream and Grow the Economy
On 12/9/16, Senators Lindsey Graham (R-SC), Dick Durbin (D-IL), Lisa Murkowski (R-AK), Dianne Feinstein (D-CA), Jeff Flake (R-AZ), and Chuck Schumer (D-NY) introduced the "Bar Removal of Immigrants Who Dream and Grow the Economy," or BRIDGE Act.
BIA Rescinds in Absentia Order Due to Lack of EOIR-28
Unpublished BIA decision rescinds an in absentia order because the record did not contain an entry of appearance from the attorney who received the hearing notice. Special thanks to IRAC. (Matter of Rafati, 12/22/16)
BIA Holds Iowa Domestic Abuse Statute Not a CIMT
Unpublished BIA decision holds that domestic abuse assault under Iowa Code 708.2A(4) is not a CIMT because it criminalizes any physical contact that is insulting or offensive. Special thanks to IRAC. (Matter of Perez, 12/22/16)
BIA Holds Minor Not Subject to Consequences of Voluntary Departure Bar
Unpublished BIA decision holds that respondent who was granted voluntary departure at age nine not subject to 10-year bar because she did not understand consequences of failing to depart and was unable to depart on her own. Special thanks to IRAC. (Matter of E-R-, 12/21/16)
We Cannot Turn Away from Mesa Verde
Immigration and Customs Enforcement (ICE) policies force hundreds of asylum seekers into detention in the Central Valley, one of the most rural parts of California. In March 2015, ICE contracted with GEO Group, a private prison company, to re-open the Mesa Verde Detention Facility in Bakersfield, Ca
EOIR Announces New YouTube Channel
EOIR announced that it established a YouTube channel to offer its stakeholders another medium in which to acquire information about its policies and programs. EOIR’s website will continue to the agency’s primary source of information online.
BIA Finds Pennsylvania Criminal Mischief Not a CIMT
Unpublished BIA decision holds that criminal mischief under 18 Pa. Cons. Stat. 3304(a)(5) is not a CIMT despite intent requirement because prosecutors need not establish any minimum level of damage. Special thanks to IRAC. (Matter of Majok, 12/20/16)
EOIR Announces Final Rule on the Recognition of Organizations and Accreditation of Non-Attorney Representatives
EOIR published a final rule, effective 1/18/17, amending the regulations governing the requirements and procedures for authorizing representatives of nonprofit religious, charitable, social service, or similar organizations to represent persons in proceedings before EOIR and DHS.
BIA Equitably Tolls MTR Deadline by 16 Years
Unpublished BIA decision equitably tolls deadline to file motion to reopen decision issued in 2000 upon finding prior attorney failed to advise respondent of eligibility to apply for LPR cancellation. Special thanks to IRAC. (Matter of Del Fierro-Garcia, 12/19/16)
CA1 Upholds Denial of Motion to Suppress Evidence Obtained from ICE’s Arrest of Petitioner
The court upheld the BIA’s affirmance of the IJ’s denial of the petitioner’s motion to suppress, finding that he did not present a prima facie case that the search and seizure leading to his arrest amounted to an egregious violation of the Fourth Amendment. (Corado-Arriaza v. Lynch, 12/19/16)
CA3 Finds IJ and BIA Impermissibly Speculated About Reasons Underlying Vacatur of Petitioner’s Conviction
The court granted the petition for review where the conviction that served as a basis for petitioner’s removal had been vacated, and the Notice of Removal did not specify his participation in a deferred adjudication program as a basis for removal. (Rodriguez v. Attorney General, 12/19/16)
EOIR Final Rule on Recognition of Organizations and Accreditation of Non-Attorney Representatives
EOIR final rule on requirements and procedures for authorizing representatives of nonprofit religious, charitable, social service, or similar organizations to represent persons before EOIR and DHS and on EOIR's disciplinary procedures. The rule is effective 1/18/17. (81 FR 92346, 12/19/16)
BIA Remands Record Due to Lack of IJ Advisals
Unpublished BIA decision remands record because IJ did not sufficiently advise respondents of availability of relief, make any forms available, or advise them of consequences of failing to seek relief. Special thanks to IRAC. (Matter of Leiva, 12/16/16)