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
CA7 Upholds BIA’s Discretionary Denial of Section 212(h) Waiver
The court denied the petition for review, finding that the BIA made no legal error in reversing the IJ’s grant of a Section 212(h) waiver to the petitioner, who lost his LPR status and was rendered inadmissible after he committed an aggravated felony. (Cisneros v. Lynch, 8/25/16)
CA9 Says Expunged State Conviction Remains a Conviction for Adjustment and Cancellation Purposes
The court denied the petition for review, finding that the petitioner’s expunged state conviction for violating a controlled substance law was still a conviction for purposes of eligibility for adjustment of status and cancellation of removal. (Reyes v. Lynch, 8/25/16)
CA5 Says BIA Remand Solely for Voluntary Departure Proceedings Is Final for Judicial Review Purposes
The court denied the motion to dismiss for lack of jurisdiction, holding that a BIA decision that resolves the merits of an appeal but remands for further proceedings as to voluntary departure is a final order of removal for purposes of judicial review. (Holguin-Mendoza v. Lynch, 8/25/16)
DACA Recipient Challenges Nationwide Scope of DAPA/DACA+ Injunction
A DACA recipient filed a complaint challenging DHS’s revocation of his employment authorization and seeking to exempt New York residents from Texas Judge Andrew Hanen’s injunction against President Obama’s executive actions on immigration. (Batalla Vidal v. Baran, et al., 8/25/16)
CA7 Remands Where BIA Found Falsely Using SSN to Work Was CIMT
Where the BIA found that petitioner’s conviction for falsely using a social security number to work was a crime involving moral turpitude, the court remanded to the BIA to consider petitioner's case under an appropriate legal framework for judging moral turpitude. (Arias v. Lynch, 8/24/16)
CA7 Says “Mexican Nationals Perceived as Wealthy After Returning from United States” Is Not a PSG
The court upheld the denial of withholding of removal to petitioner, finding that BIA properly found his proposed social group of “Mexican nationals who have lived in the U.S. for many years and are perceived as wealthy upon returning to Mexico” was not cognizable. (Salgado v. Lynch, 8/24/16)
CA1 Upholds Denial of Asylum to Pentecostal Citizen of Eritrea
The court upheld the denial of asylum to the petitioner, who claimed she was persecuted in Eritrea because of her Pentecostal faith, holding that a reasonable factfinder would not be compelled on the record to conclude she met her burden of proving past persecution. (Bahta v. Lynch, 8/24/16)
CA7 Upholds Denial of Asylum Member of Ata Meken Party from to Kyrgyzstan
The court found that the BIA’s denial of asylum to the petitioner, who claimed that he faced persecution for his political activism as a member of the youth wing of the Ata Meken party in his native Kyrgyzstan, was supported by substantial evidence. (Santashbekov v. Lynch, 8/24/16)
AILA Notes from SCOPS Teleconference (8/24/16)
AILA notes from a teleconference with SCOPS on 8/24/16. Topics include I-612 waivers, asylee and refugee adjustment, hardship/persecution waivers for clinical physicians, signature requirements, cases at the Potomac Service Center, ELIS, and defensive asylum application receipts.
BIA Equitably Tolls Motion to Reopen Deadline To Submit Additional Evidence
Unpublished BIA decision reverses denial of motion to reopen, finding equitable tolling of deadline was warranted for submission of additional evidence outside of 90-day period. Special thanks to IRAC. (Matter of Dauphin, 8/24/16)
BIA Rescinds In Absentia Order In Light of Erroneous Denial of Motions to Appear Telephonically and Change Venue
Unpublished BIA decision rescinds in absentia order where DHS had not opposed motion to appear telephonically and IJ waited until day before hearing to deny motion to change venue. Special thanks to IRAC. (Matter of Galimidi, 8/24/16)
CA1 Finds Threats Against Petitioner by His Father's Killer Were Motivated by Personal Dispute
The court upheld the denial of asylum and withholding of removal, finding that the threats made against the Guatemalan petitioner by his father’s killer were motivated not by an enumerated statutory ground for relief, but instead by a personal dispute. (Marín-Portillo v. Lynch, 8/23/16)
CA9 Remands Matter of Ortega-Lopez to Determine if Cockfighting Is a CIMT
The court remanded for the BIA to consider Nunez v. Holder’s language regarding a “protected class of victim” as it applies to the case, finding that petitioner’s conviction for cockfighting appears outside the normal realm of crimes of moral turpitude. (Ortega-Lopez v. Lynch, 8/23/16)
BIA Holds Virginia Unlawful Wounding Does Not Require Use of Force
Unpublished BIA decision finds hold unlawful wounding under Va. Code 18.2-51 not a crime of violence under 18 U.S.C. 16(a) because it applies to actions (e.g., poisoning) that do not require use of force. Special thanks to IRAC. (Matter of Lambert, 8/23/16)
BIA Recognizes PSG of Honduran Women Unable to Leave Domestic Relationship
In this unpublished decision, the Board of Immigration Appeals (BIA) held that “Honduran women unable to leave a domestic relationship” is a cognizable particular social group. Special thanks to IRAC. (Matter of I-M-E-G-, 8/23/16)
AILA Amicus Brief to BIA on Detention in the Context of Mental Health Commitment
The AILA Amicus Committee filed an amicus brief with the BIA, addressing the meanings of “detention” and “release” as they relate to mental health commitment.
CA5 Says INA §212(a)(7) Does Not Apply to Adjustment of Status Applicant Admitted as Nonimmigrant
The court granted the petition for review, holding that the documentation requirements of INA §212(a)(7) do not apply to an individual who was previously validly admitted as a nonimmigrant, is residing in the United States, and applies for adjustment of status. (Marques v. Lynch, 8/19/16)
CA9 Holds INA §242(b)(2)’s Venue Provision Is Not Jurisdictional
The court denied the government’s motion to transfer the case to the Eleventh Circuit, holding that the venue provision in INA §242(b)(2) is not jurisdictional, and thus that the petition for review properly fell under the Ninth Circuit’s judicial authority. (Bibiano v. Lynch, 8/19/16)
UNHCR Report: Beyond Detention (Baseline Report)
This is the first of two reports released on 08/18/16 related to UNHCR’s Beyond Detention Global Strategy. This Baseline Report provides data on the detention situation in 12 focus countries (including the United States) as of the end of 2013.
UNHCR Report: Beyond Detention (Progress Report Mid-2016)
This is the second of two reports released on 08/18/16 related to UNHCR’s Beyond Detention Global Strategy. This Progress Report reviews the first two years of the Global Strategy’s implementation and presents the progress achieved for 12 focus countries, including the United States.
AILA Urges DHS to Follow DOJ Lead and End Use of Private Prisons
In light of the Department of Justice’s announcement that it will sharply scale back the use of private prisons, AILA President Bill Stock urged the Department of Homeland Security to follow suit, saying “there is no justification for continuing their use in the immigration system.”
DOJ Memo: Reducing Our Use of Private Prisons
DOJ issued a memo to the Federal Bureau of Prisons calling for the reduction, and ultimately the ending, of the use of privately operated prisons and directing that as each contract ends, the Bureau should either decline to renew or substantially reduce the scope of the contract.
CA7 Upholds Withholding of Removal and CAT Denials to Bisexual Citizen of Jamaica
The court held that substantial evidence supported the IJ’s conclusion that the petitioner, a 51‐year‐old citizen of Jamaica who asserted a fear of persecution and torture in Jamaica based upon his claimed bisexuality, did not credibly establish that he is bisexual. (Fuller v. Lynch, 8/17/16)
TRAC Report on Percentage of Individuals in Immigration Court Allowed to Stay in U.S.
This TRAC report discusses the percentage of individuals against whom DHS sought removal orders who were determined to be allowed to remain in the U.S. by an immigration judge in FY2016. Statistics are provided for each of the 55 immigration courts.
CA5 Finds Petitioner Ineligible for Asylum Under Firm-Resettlement Bar
The court upheld the denial of asylum, finding that substantial evidence supported the BIA’s finding that the petitioner, a citizen of Bolivia who moved to Mexico in 2005, failed to establish the applicability of an exception to the firm-resettlement bar. (Ramos Lara v. Lynch, 8/17/16)