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
CA4 Says Conspiracy to Violate MD's Controlled Substances Law Is Aggravated Felony
The court held that the petitioner's conviction for conspiracy to violate Maryland's controlled dangerous substances law constituted an aggravated felony subject to removal under INA §237(a)(2)(A)(iii). (Etienne v. Lynch, 12/30/15)
District Court Overturns USCIS Finding of Marriage Fraud and I-130 Denial Affirmed by BIA
The U.S. District Court for the District of Connecticut held that it was an arbitrary and capricious abuse of discretion for USCIS to conclude that there was "substantial and probative evidence" of marriage fraud pursuant to INA §204(c). Courtesy of Justin Conlon.
CA9 Remands to BIA Where Petitioners Incurred Legal Expenses in Reliance on Pre-Briones Law
The court held that the petitioners could establish a legitimate reliance interest on pre-Briones law by showing they incurred legal expenses pursuing adjustment during the 21-month period between Acosta v. Gonzales and Matter of Briones. (Correo-Ruiz v. Lynch, 12/30/15)
BIA Finds Minnesota Domestic Assault Not a Crime of Violence
Unpublished BIA decision finds misdemeanor domestic violence assault under Minn. Stat. 609.2242 subdiv. 1(1) is not a crime of violence under 18 USC §16(a) because statute applies to harms caused by nonviolent means. Special thanks to IRAC. (Matter of Santamaria, 12/30/15)
BIA Vacates Removal Order Based on Allegation of Unlawful Voting
Unpublished BIA decision finds that neither a conviction for voter registration fraud under Va. Code 24.2-1016 nor a proffer to having voted in two unspecified elections demonstrated that respondent was removable under INA §237(a)(6). Special thanks to IRAC. (Matter of Cundall, 12/29/15)
CA1 Finds Petitioner's Claim of Derivative Citizenship Under Former INA §321(a)(3) Failed
The court found that the petitioner, an LPR who had been convicted of a deportable offense, did not prove that his parents were common law spouses in Jamaica who legally separated within the meaning of former INA §321(a)(3) when they ceased cohabitation. (Thompson v. Lynch, 12/29/15)
CA9 Says Vehicle Theft in CA Is Not a CIMT
The en banc court remanded Matter of Almanza-Arenas to the BIA, holding that because the least of the acts criminalized under California Vehicle Code §10851(a) is a temporary taking, the statute is not categorically a crime involving moral turpitude. (Almanza-Arenas v. Lynch, 12/28/15)
Letter to USCIS and ICE Concerning Due Process Violations at Detention Facilities
Joint letter from AILA, the American Immigration Council, CLINIC, RAICES, and Human Rights First to USCIS and ICE concerning glaring due process violations which have led to the deportation of families with valid claims for asylum or other protection under U.S. law.
Denial of Due Process to Incarcerated Immigrant Families Worsens in Spite of Court Ruling
Attorneys and advocates called the government to account for rushing detained children and mothers through the legal processes designed to protect them from danger; glaring due process violations have led to the deportation of families with valid claims for asylum or other protection under U.S. law.
CA1 Limits Attorney General’s Discretion to Use Mandatory Detention Provision
The court affirmed the district court, holding that the bar to bonded release found in the detention mandate applies only to those specified criminal noncitizens whom the Attorney General took into custody when they were released from criminal custody. (Castañeda v. Souza, 12/23/15)
CA8 Upholds Denial of Asylum to Honduran Petitioner Found Not to Be Credible
The court found that the IJ and the BIA did not err in finding that the petitioner's testimony was not credible in light of the numerous contradictions and inconsistencies in her evidence that went to the heart of her asylum claim. (Rodriguez-Mercado v. Lynch, 12/23/15)
CA7 Remands for Reconsideration of CAT Eligibility of Mexican Petitioner with Ties to Drug Cartel
The court granted the motion to remand for reconsideration of petitioner’s eligibility for deferral of removal under CAT, stating that petitioner, who contended that he would be killed by a drug cartel if removed to Mexico, appeared to have a strong case. (Mendoza-Sanchez v. Lynch, 12/23/15)
AILA’s Take On Immigration Enforcement
This AILA backgrounder provides information on ICE’s enforcement data that reflects a decreased in removal numbers in FY2015 compared to last year’s numbers, as well as context on the major factors that contribute to the shift.
DHS Releases FY2015 CBP Border Security Report
DHS released report summarizing CBP’s FY2015 enforcement efforts at and between ports of entry, border technology and investment, and transparency and accountability. Border Patrol apprehensions totaled 337,117 nationwide in FY2015, compared to 486,651 in FY2014.
DHS Releases FY2015 ICE Enforcement and Removal Operations Report
DHS released report summarizing ICE’s enforcement and removal operations during FY2015, including the impact of civil immigration enforcement priorities, non-criminal removals, state and local law enforcement, decreased illegal migration and CBP apprehensions, and changing migration demographics.
CA9 Upholds Denial of Asylum to North Korean Found to Be "Firmly Resettled" in South Korea
The court held that 22 USC §7842, which states that a North Korean national “shall not be considered” a South Korean national for refugee and asylum purposes, does not preclude a finding that a North Korean has “firmly resettled” in South Korea. (Jang v. Lynch, 12/22/15)
CA10 Says Possession of Stolen Vehicles in Oklahoma Is Categorically a CIMT
The court affirmed BIA’s determination that petitioner was removable because his conviction for possession of stolen vehicles under Oklahoma law is a crime involving moral turpitude (CIMT), but held that he was eligible to apply for a discretionary waiver. (Obregon de Leon v. Lynch, 12/22/15)
EOIR Notice With Correction to 8 CFR Part 1245
EOIR notice with a correction to 8 CFR Part 1245, on “adjustment of status to that of person admitted for permanent residence.” (80 FR 79460, 12/22/15)
DHS Releases End-of-Year Statistics for FY2015
DHS announced the release of its end-of-year statistics for FY2015, including reports from ICE and CBP. In FY2015, ICE removed or returned a total 235,413 individuals, and CBP made 337,117 apprehensions nationwide.
Immigration Law Advisor, November-December 2015 (Vol. 9, No. 10)
The November-December 2015 Immigration Law Advisor, a legal publication from EOIR, includes with an article asylum claims filed by artists, as well as summaries of circuit court decisions from October and November 2015, A.G. precedent decisions, and BIA precedent decisions.
CA9 Finds It Lacks Jurisdiction to Resolve Citizenship Claim Absent Final Removal Order
Where the BIA vacated the IJ's order terminating removal proceedings and remanded to the IJ, the court held that it lacked jurisdiction to consider the petitioner's derivative citizenship claim, because there was no final order of removal. (Viloria v. Lynch, 12/21/15)
District Court Awards $125,000 in Attorneys' Fees in Class Action Suit over Conditional Parole
The court finalized a settlement agreement providing that DOJ will pay a class of immigrants $125,000 in attorneys' fees to close out a lawsuit alleging that the IJs in the Seattle and Tacoma immigration courts uniformly denied requests for conditional parole. (Rivera v. Lynch, 12/18/15)
IJ Finds CA Firearms Conviction Is Not a Removable Offense Under INA §237(a)(2)(C)
The court held that the respondent's conviction for Carrying a Loaded Firearm in violation of California law did not constitute a firearms offense described in INA §237(a)(2)(C) that would render him ineligible for cancellation of removal. Courtesy of Brian Blackford.
Amicus Brief Filed with First Circuit on Interpretation of Modified Categorical Approach
Amicus filed by several organizations, including Immigrant Defense Project and AILA, in Peralta Sauceda v. Lynch. The brief argues that, when the record of a prior conviction is ambiguous, the conviction does not disqualify a noncitizen from cancellation of removal as a matter of law.
CA6 Upholds Denial of Withholding for “Wealthy” Mexican Petitioner
The court held that the petitioner's proposed social group, “persons who are perceived to have money or access to money due to having spent a significant amount of time in and having familial ties to the United States,” was not cognizable under the INA. (Sanchez-Robles v. Lynch, 12/17/15)