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
DC Circuit Court Finds Post-Guilty Plea Misrepresentations Can Constitute Ineffective Assistance of Counsel
The court reversed the district court and remanded, finding that affirmative misrepresentations made by appellant’s counsel regarding the potential immigration consequences of a guilty plea after appellant had pled guilty could constitute ineffective assistance. (U.S. v. Newman, 11/17/15)
EOIR Immigration Court Closings for 2015
EOIR alert that the Denver Immigration Court, including the Aurora/GEO hearing location, is closed on November 17, 2015, due to inclement weather.
ACLU Practice Advisory on Representing Immigrant Children Following Release from Border Patrol Custody
ACLU provides a practice advisory on representing children following their release from Border Patrol custody. The advisory discusses the history of abuse and neglect by Border Patrol, and encourages attorneys to carefully consider how past mistreatment may impact clients’ eligibility for relief.
Recent Ninth Circuit Case Law November 2015
Summary of recent case law out of the Ninth Circuit, courtesy of the AILA Southern California Chapter. The information was compiled in November 2015 and should be used as a starting point in research.
BIA Overturns Flight Risk Determination for Recent Arrival
Unpublished BIA decision overturns finding that recent arrival constitutes flight risk and grants $10,000 bond in light of positive credible fear determination and ability to live with other family members in United States. Special thanks to IRAC. (Matter of E-J-E-B-, 11/13/15)
BIA Finds Loss to Fraud Victim Was Less Than $10,000
Unpublished BIA decision finds respondent was not convicted of an aggravated felony under INA 101(a)(43)(M)(i) because the loss to the victim was represented by the $9,000 restitution order rather than the amount of the forfeiture. Special thanks to IRAC. (Matter of Lecler de Jesus, 11/13/15)
BIA Terminates Proceedings Against Petitioner in Mellouli v. Lynch
Unpublished BIA decision grants joint motion to terminate proceedings with prejudice against the petitioner in Mellouli v. Lynch, who was found not to have been convicted of an offense relating to a federally controlled substance. Special thanks to IRAC. (Matter of Mellouli, 11/13/15)
EOIR Announces Six New Assistant Chief Immigration Judges
EOIR announced the appointment of six new assistant chief immigration judges (ACIJs). ACIJs are responsible for overseeing the operations of the immigration courts or program portfolio to which they are assigned. Their official assignments will be announced in the coming months.
AILA: 5th Circuit Again Treads Disappointing but Not Surprising Path
AILA President Victor Nieblas Pradis responded to the disappointing 5th Circuit decision saying, “As this case drags on, wasting more time and government resources, I still hold firm to the faith that this will end justly with the full implementation of expanded DACA and DAPA.”
BIA Solicits Amicus Briefs on False Statements
The BIA invites interested members of the public to file amicus curiae briefs on the issue of whether false statements must be “material” in order to find that the statute “involves deceit” in determining whether an offense constitutes an aggravated felony under INA §101(a)(43)(M)(i).
AILA Quicktake #146: 5th Circuit Rules on Immigration Action
American Immigration Council's Legal Director Melissa Crow sits down to discuss the U.S. 5th Circuit Court of Appeals' ruling on President Obama's latest deferred action initiatives and what the next steps might be.
EOIR Relocates East Mesa Immigration Court
EOIR will temporarily close its East Mesa Immigration Court on 11/12/15 to prepare for relocation. The immigration court’s name will change to the Otay Mesa Immigration Court and will recommence hearings at the new location on 11/17/15. Notice includes contact information for the new location.
Q&As from AILA Joint Liaison Meeting with USCIS Verification and ICE HSI (11/10/15)
USCIS Q&As from the 11/10/15 AILA Verification and Documentation Liaison Committee meeting with the USCIS Verification Division and ICE Homeland Security Investigations. Topics discussed included E-Verify enrollment, short term assignments, TNC notifications, remote hires, and H-1B validity period.
Q&As and Supplemental Notes from AILA’s Joint Meeting with USCIS Verification and ICE HSI (11/10/15)
AILA’s Verification & Documentation Liaison Committee provides minutes and supplemental notes from their meeting with USCIS Verification and ICE Homeland Security Investigations (HSI) on 11/10/15. Topics include: E-Verify enrollment, short term assignments, TNC notifications, and remote hires.
ICE Issues Guidance on Investigating the Potential U.S. Citizenship of Individuals Encountered by ICE
ICE issued a directive establishing ICE’s policy and procedures for ensuring that the potential U.S. citizenship of individuals encountered by ICE officers, agents, and attorneys is “immediately and carefully investigated and analyzed.” Obtained via FOIA by Jacqueline Pearce.
Sign-on Letter Raise Concerns About Access to Asylum for Anyone with a Prior Removal Order
On 11/9/15, AILA joined 63 organizations in urging the Department of Homeland Security to undertake rulemaking that would allow all asylum seekers, including individuals with prior removal orders, to apply for asylum, in addition to withholding removal.
EOIR Swears in Two Immigration Judges
EOIR announced the investiture of two immigration judges. Daniel J. Daugherty has been appointed to the Las Vegas Immigration Court and Jonathan S. Simpson has been appointed to the San Francisco Immigration Court. Both will begin hearing cases in November 2015.
How to File a Petition for Review
Noncitizens may file a petition for review in the court of appeals to seek judicial review of a final removal order. This Practice Advisory addresses the procedures and general requirements for filing and litigating a petition for review.
CBP Issues Memo and Muster on Implementation of National Standards on Transport, Escort, Detention, and Search (TEDS)
CBP released a redacted memo and muster on the implementation of nationwide standards governing the safety and security of those in CBP custody.
AILA Amicus Brief on Whether Reinstatement Bar on "Relief" Bars Asylum Applications
AILA filed an amicus brief with the Fifth Circuit in Ramirez-Mejia v. Lynch supporting rehearing en banc and arguing that the more specific bars to asylum in the asylum statute govern the question and control, rather than the more general bar on "relief" in the reinstatement statute.
BIA Reopens Sua Sponte for Respondent Residing Abroad
Unpublished BIA decision reopens proceedings sua sponte following vacatur of criminal conviction for respondent whose appeal was dismissed in 2003 and was residing abroad. Special thanks to IRAC. (Matter of Perez-Guerrero, 11/6/15)
CA3 Finds Petitioner Ineligible for Cancellation of Removal on Basis of Clock-Stopping CIMT
Where petitioner was charged in his notice to appear with being removable due to his 2000 clock-stopping crime involving moral turpitude, the court held that he did not accrue the requisite period of continuous residency to be eligible for cancellation of removal. (Singh v. Lynch, 11/4/15)
CA8 Dismisses Challenge to Cancellation of Removal Denial for Lack of Jurisdiction
The court held that the non-LPR petitioner’s claim amounted to a challenge to how the IJ and BIA weighed the evidence in support of his application for cancellation of removal, and was thus outside the court’s jurisdiction to review. (Lemuz-Hernandez v. Lynch, 11/2/15)
CA9 Says Possession of Credit Card Without Consent Is Categorically a CIMT in Nevada
The court held that, because an intent to defraud applies to all conduct proscribed by the Nevada statute under which petitioner was convicted for conspiracy to possess a credit card without consent, a conviction under the statute is a categorical CIMT. (Mancilla-Delafuente v. Lynch, 11/2/15)
Enforcement Overdrive: A Comprehensive Assessment of ICE's Criminal Alien Program
This American Immigration Council report assesses the Criminal Alien Program (CAP), a massive enforcement program administered by ICE, and examines CAP’s evolution, operations, and outcomes from FY2010 through FY2013.