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
BIA Says Respondent with PTSD Established Extraordinary Circumstances for Delay in Filing Asylum Application
Unpublished BIA decision finds that the IJ erred in concluding that respondent, whose PTSD was repeatedly triggered and exacerbated, did not demonstrate extraordinary circumstances sufficient to excuse the one-year asylum filing deadline. Courtesy of Ann Wennerstrom. (Matter of –, 6/14/16)
DHS CRCL FY2015 Annual Report to Congress
DHS CRCL FY2015 Annual Report to Congress detailing CRCL’s priorities and activities in FY2015, including preventing terrorism and enhancing security, securing and managing U.S. borders, and enforcing and administering U.S. immigration laws.
CA1 Upholds Denial of Chinese Asylum Applicants’ Second Motion to Reopen
The court denied the petition for review, concluding that the BIA did not abuse its discretion in holding that the petitioners failed to make an adequate showing of a material change in country circumstances, and thus that their second motion to reopen was time-barred. (Chen v. Lynch, 6/9/16)
BIA Finds There Is No Duress Exception to the “Material Support Bar”
The BIA held that the “material support bar” in INA §212(a)(3)(B)(iv)(VI) does not include an implied exception for a noncitizen who has provided material support to a terrorist organization under duress. Matter of M-H-Z-, 26 I&N Dec. 757 (BIA 2016)
BIA Solicits Amicus Briefs on Definition of “Minor” for Exception to One-Year Asylum Deadline
The BIA invites interested members of the public to file amicus curiae briefs on the definition of the term “minor” for purposes of establishing “extraordinary circumstances” that would constitute an exception to the one-year filing deadline for asylum applications. Briefs are due by 7/11/16.
CA3 Says PA Conviction for Making Terroristic Threats Is Categorically a Crime Involving Moral Turpitude
The court held that petitioner’s Pennsylvania conviction for making terroristic threats was categorically a crime of moral turpitude, because a threat communicated with a specific intent to terrorize is an act “accompanied by a vicious motive or a corrupt mind.” (Javier v. Att'y Gen, 6/9/16)
BIA Reverses Denial of Unopposed Motion to Terminate Based on Post-Conviction Relief
Unpublished BIA decision reverses denial of unopposed motion to terminate where both parties agreed that vacatur of criminal conviction was based on ineffective assistance of the respondent’s criminal attorney. Special thanks to IRAC. (Matter of Palmer, 6/9/16)
CA5 Says BIA Failed to Consider All Relevant Evidence Concerning Whether Petitioner Received Notice
The court granted the petition for review and remanded, holding that because the BIA concluded that petitioner failed to rebut the presumption of notice without considering all relevant evidence, it abused its discretion in denying the motion to reopen. (Torres Hernandez v. Lynch, 6/8/16)
CA6 Says Jury Nullification Cannot Be Considered in Deciding Whether Petitioner Has Demonstrated Prejudice
The court held that jury nullification may not be considered when evaluating whether a petitioner has shown prejudice under the Strickland v. Washington test for ineffective assistance of counsel claims. (Lee v. United States, 6/8/16)
Senate Democrats Urge President to End the Deportation Raids
On 6/8/16, Senators Dick Durbin (D-IL) and Patrick Leahy (D-VT) led 24 Senate Democrats in urging the President to end the deportation raids targeting Central American families and unaccompanied minors; and consider designating Guatemala, and re-designating El Salvador and Honduras for TPS.
CA8 Says Salvadoran Petitioner Failed to Show Nexus Between Membership in PSG and Persecution
The court denied the petition for review, holding that, assuming that petitioner’s proposed family-based groups are cognizable, particular social groups (PSGs), he failed to show a nexus between his membership in the groups and the persecution he suffered. (Aguinada-Lopez v. Lynch, 6/7/16)
CA3 Says Federal Regulation That Limits Adjustment of Status for K-4 Visa Holders Is Invalid
The court held that 8 CFR § 245.1(i), which effectively bars any child with a K-4 visa who was between the age of 18 and 21 at the time of his or her parent’s marriage to a U.S. citizen from adjusting status without first returning overseas, is invalid. (Cen v. Att'y Gen., 6/6/16)
CA8 Says Petitioner’s 2004 Arkansas Assault Conviction Is a CIMT
The court denied the petition for review, holding that the petitioner’s 2004 Arkansas conviction for assault in the first degree was categorically a crime involving moral turpitude (CIMT). (Estrada-Rodriguez v. Lynch, 6/6/16)
BIA Reverses Denial of Continuance to Seek U Visa Certification
Unpublished BIA decision reverses denial of continuance to seek law enforcement certification necessary to apply for U visa where a crime occurred only two weeks prior to the hearing. Special thanks to IRAC. (Matter of Patel, 6/3/16)
BIA Remands to Allow U Visa Derivative to Renew Request for a Continuance
Unpublished BIA decision applies Matter of Sanchez Sosa to U visa derivatives with respect to continuances in immigration court, and remands the record to the IJ for the respondent to renew his request for a continuance and administrative closure. Courtesy of Nicolas Chavez.
CA8 Finds BIA Did Not Abuse Its Discretion in Denying Motion to Reopen in Absentia Removal Order
The court upheld the denial of the petitioner’s motion to reopen the in absentia removal order entered against him, finding that the petitioner had failed to rebut the presumption that the Notice of Hearing mailed by DHS was delivered to him. (Diaz v. Lynch, 6/1/16)
DOJ OIL June 2016 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for June 2016, with articles on United States v. Texas and Mathis v. United States, as well as summaries of circuit court decisions for June 2016.
CA9 Finds Remand Not Justified Where ICE Reinstated Prior Expedited Removal Order Despite Intervening PD Memos
The court concluded that remand to ICE for reconsideration of its decision to reinstate the petitioner’s prior expedited removal order was not justified, despite intervening agency memoranda pertaining to the exercise of prosecutorial discretion (PD). (Morales de Soto v. Lynch, 5/31/16)
CA7 Finds IJ and Government Complied with Statutory Requirements Relating to Petitioner’s Removal Proceedings
The court denied the petition for review, finding that the IJ and the government complied with the statutory responsibilities that imposed procedural requirements on the petitioner’s removal proceedings. (Aparicio-Brito v. Lynch 5/31/16)
BIA Reverses Denial of Continuance to Seek SIJS
Unpublished BIA decision reverses denial of continuance for respondent seeking Special Immigrant Juvenile status where there was no dispute that a dependency petition had been filed in the appropriate state court. Special thanks to IRAC. (Matter of K-N-M-T-, 5/31/16)
BIA Says Circumstance-Specific Approach Should Be Used to Determine if Conviction Is for Crime of Domestic Violence
The BIA held that, in analyzing whether a conviction is for a crime of domestic violence under INA §237(a)(2)(E)(i), the circumstance-specific approach should be applied to determine the domestic nature of the offense. Matter of Estrada, 26 I&N Dec. 749 (BIA 2016)
CA9 Says Car Failure Does Not Constitute Exceptional Circumstances Justifying a Motion to Reopen
As a matter of first impression, the court held that a car’s mechanical failure does not alone compel granting a motion to reopen based on exceptional circumstances. (Arredondo v. Lynch, 5/27/16)
CA6 Upholds Denial of Asylum to Petitioner Whose Application Was “Strikingly Similar” to Several Others
The court upheld the IJ’s and BIA’s denials of petitioner’s asylum application, finding that the petitioner failed to adequately explain why his application was strikingly similar to several others, and failed to adequately corroborate his religious persecution claim. (Wang v. Lynch, 5/27/16)
CA5 on When a Reinstatement Order is Final
The court found that reinstatement of removal orders are final only upon completion of reasonable fear and withholding of removal proceedings, even when proceedings are ongoing only because the BIA remanded to the IJ for background and security checks. (Ponce-Osorio v. Johnson, 5/27/16)
CA1 Says BIA Acted Within Its Discretion in Denying Indian Petitioners’ Motion to Reopen
The court held that the BIA's denial of petitioners’ motion to reopen was not an abuse of discretion, finding that petitioners had failed to show that their removal to India would result in “exceptional and extremely unusual hardship” to their 19-year-old daughter. (Pandit v. Lynch, 5/26/16)