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 Probationary Confinement in Substance Abuse Facility Constitutes "Term of Confinement"
The BIA held that a term of confinement in a substance abuse treatment facility imposed as a condition of probation is a "term of confinement" under INA §101(a)(48)(B) for purposes of determining if an offense is a crime of violence. Matter of Calvillo Garcia, 26 I&N Dec. 697 (BIA 2015)
CA1 Says Third-Degree Assault in Connecticut Is Not a Crime of Violence
The court held that third-degree assault under Connecticut law does not require proof of all the required elements of a "crime of violence," and thus found that petitioner's conviction alone did not constitute proof that he had been convicted of an aggravated felony. (Whyte v. Lynch, 12/9/15)
BIA Finds Service of NTA Improper on Minor
Unpublished BIA decision finds the Notice to Appear was improperly served where respondent was under 14 years of age and not residing with grandfather at time of service. Special thanks to IRAC. (Matter of B-N-G-M, 12/9/15)
TRAC Data Shows Removal of Noncitizens on Terrorism Grounds Continues to Be Rare
A TRAC analysis found that the removal of a noncitizen via Immigration Court proceedings on the grounds of terrorism continues to be a rare event, as it has been for many years. For FY2015, the data indicates that only two of the 176,397 removal orders sought by DHS were based on terrorism concerns.
CA8 Upholds Cancellation Denial for Failure to Establish Continuous Presence
The court held that substantial evidence supported the BIA's determination that the petitioner failed to establish the continuous presence requirement, and was thus ineligible for cancellation of removal. (Torres-Balderas v. Lynch, 12/8/15)
EOIR Issues New Form EOIR-28
AILA’s EOIR Liaison Committee alerts members that EOIR released a new edition of Form EOIR-28, Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court, effective 12/7/15.
District Court Dismisses Class Action Lawsuit Alleging Unlawful Delays in Asylum Adjudications
The U.S. District Court for the Eastern District of New York held that the “no substantive or procedural right or benefit” language found in INA §208(d)(7) precludes any action to compel compliance with the INA's statutory timeframes for asylum adjudication. (L.M., et al. v. Johnson, 12/7/15)
Official EOIR Atlanta Stakeholder Meeting Q&As (12/5/16)
Q&As from the postponed 12/5/16 EOIR stakeholder event in Atlanta. Topics include SOPO bonds, inconsistent and improper service of documents, Stewart IC complaint, court recordings, telephonic appearances, EOIR updates, NTAs for child respondents, and filing asylum applications.
CA4 Affirms Finding That Petitioner Was Convicted of a Particularly Serious Crime
The court upheld the BIA and IJ's determination that petitioner's conviction for a drug trafficking crime, for which he received a sentence of five years’ imprisonment, was a particularly serious crime rendering him ineligible for withholding of removal. (Hernandez-Nolasco v. Lynch, 12/4/15)
Written Testimony from Juan Osuna on EOIR Oversight
Written testimony from Juan P. Osuna, Director of EOIR, for the 12/3/15 “Oversight of the Executive Office for Immigration Review” before the House Committee on the Judiciary, where he discussed the current state of the courts, IJ hiring, agency organization, leveraging technology, and more.
CA4 Upholds IJ's Finding of Petitioner's Competency
The court affirmed the BIA, rejecting the petitioner's due process argument that the IJ should have continued or administratively closed his removal proceedings to allow him to receive a mental health evaluation. (Diop v. Lynch, 12/2/15)
BIA Rules on Measurement of Continuous Physical Presence Under NACARA
The BIA held that the 10 years of continuous physical presence required for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act is measured from the most recently incurred ground of removal. Matter of Castro-Lopez, 26 I&N Dec. 693 (BIA 2015)
Resources on Lawsuit That Aims to Prevent Licensing of Texas Family Detention Centers
A Texas judge issued a final judgment effectively preventing Texas from issuing child care licenses to the South Texas Family Residential Center and the Karnes County Residential Center. (Grasroots Leadership, Inc. v. Texas Department of Family and Protective Services, et al., 12/2/16)
When the Narrative Shifts
I joined AILA's Executive Committee with quite a bit of media experience under my belt. One thing I've known for a long time is that the news cycle can turn on a dime and what you may have thought you'd be talking about with a reporter can change, sometimes mid-interview. As an example - AILA's [
CA9 Says BIA Erred in Not Addressing the Family Aspect of Petitioner's Social Group Claim
The court held that, in the face of the Guatemalan petitioner's social group claim and the evidence that gang members killed his father and cousin and threatened his sister, the BIA erred in failing to address the family aspect of his social group claim. (Flores-Rios v. Lynch, 12/1/15)
Reminder: Deadline for Duran Gonzalez Class Members Approaches
Reminder notice from class counsel that Duran Gonzalez class members have only until 1/21/16 to seek relief under the settlement agreement. The notice includes background information on the class action lawsuit and updates on a policy memo issued on 8/25/15.
Recent Decisions from 11th Circuit Court of Appeals and District Court Decisions (December 2015)
Summary of recent case law out of the Eleventh Circuit, courtesy of the AILA Georgia-Alabama and Central Florida Chapters. The information was compiled in December 2015 and should be used as a starting point in research.
BIA Holds Texas Offense Does Not Relate to Obstruction of Justice
Unpublished BIA decision holds that obstruction or retaliation under Tex. Penal Code 36.06 is not an aggravated felony relating to obstruction of justice, because it does not require a specific intent to interfere with the process of justice. Special thanks to IRAC. (Matter of Soria, 12/1/15)
DOJ OIL December 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for December 2015, with articles on Almanza-Arenas v. Lynch, Castaneda v. Souza, and recent amendments to the Visa Waiver Program, as well as summaries of circuit court decisions for December 2015.
AILA Comments on EOIR’s Proposed Rule on Recognition of Organizations and Accreditation of Non-Attorney Representatives
AILA comments in response to the proposed rule, “Recognition of Organizations and Accreditation of Non-Attorney Representatives” (R&A Program), published in the Federal Register on 10/1/15. Includes comments on the standards for the R&A program, application process, and ongoing requirements.
Amicus Brief Filed By 224 Organizations in Texas v. United States Urging Supreme Court to Hear the Case
AILA joined the American Immigration Council and 222 other immigration, civil rights, labor, and social service groups in an amicus brief, urging the U.S. Supreme Court to review the Texas v. United States case that has blocked some of President Obama’s executive actions on immigration.
BIA Finds Iowa Fraudulent Practice Offense Not a CIMT
Unpublished BIA decision holds that a fraudulent practice under Iowa Code 714.8(11) is not a CIMT because requires neither an explicit intent to defraud nor a false statement to obtain something tangible. Special thanks to IRAC. (Matter of Villatoro, 11/27/15)
CA1 Says Birth Certificate Establishes Independent Evidence of Petitioner's Alienage
The court held that the BIA did not err in finding that petitioner's birth certificate, sent by the Mexican Consulate following an ICE raid on petitioner's place of employment, established her alienage independent of any alleged constitutional violations. (Garcia-Aguilar v. Lynch, 11/25/15)
CA4 Remands Asylum Claim of Former Gang Member
The court held that the BIA failed to adequately address the record evidence in making its determination that the petitioner's proposed social groups were not cognizable under the INA, and remanded for proper consideration of this issue (Oliva v. Lynch, 11/25/15)
NSC Liaison Q&As on Refugee and Asylee Issues (11/12/15)
The NSC Liaison Committee’s official Q&As from the 11/12/15 teleconference on refugee and asylee issues, and other issues with NSC. Topics include: important information about expedite requests, document production, I-485s, I-589s, I-730s, medical exams, and waivers.