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 Remands Where IJ Belittled Respondent During Questioning
The BIA remanded for a new hearing before a different IJ, finding that conduct by an IJ that can be perceived as bullying or hostile is not appropriate, particularly in cases involving minor respondents, and may result in remand to different IJ. Matter of Y-S-L-C-, 26 I&N Dec. 688 (BIA 2015)
AILA Comments on USCIS Guidance Regarding the Interpretation of Extreme Hardship
AILA comments in response to the 10/7/15 USCIS Draft Policy Manual – Volume 9, Part B: Extreme Hardship, which would apply to the adjudication of certain waivers of inadmissibility that require a showing of extreme hardship.
CA1 Upholds BIA's Denial of Guatemalan Petitioner's Motion to Removal Proceedings
The court held that BIA did not abuse its discretion in declining to reopen the Guatemalan petitioner's removal proceedings, finding the motion was untimely, and petitioner had not made a showing of changed country conditions sufficient to warrant reopening. (Mejía-Ramaja v. Lynch, 11/20/15)
ICE Appoints Family Residential Center Federal Advisory Committee Members
ICE announced the list of appointments to the Advisory Committee on Family Residential Centers. The committee’s charter requires that membership consist of up to 15 members, representing a variety of perspectives, to serve in one-year, two-year, or three-year terms.
CA4 Finds Petitioner with Assault Conviction Removable for "Crime of Domestic Violence"
The court held that a state law that does not have a domestic relationship as an element of the underlying offense of conviction can constitute a “crime of domestic violence” under INA §237(a)(2)(E)(i). (Hernandez-Zavala v. Lynch, 11/20/15)
AILA: Lives of Undocumented Families Now in Supreme Court’s Hands
AILA President Victor Nieblas Pradis urged the U.S. Supreme Court “not only to take the case but to rule in favor of the administration” on the implementation of the Deferred Action for Parents of Americans and the expanded Deferred Action for Childhood Arrivals programs.
BIA Grants Untimely Motion to Rescind In Absentia Order Due to Exceptional Circumstances
Unpublished BIA decision grants untimely motion to rescind in absentia removal order after finding failure to appear was caused by ongoing physical and mental trauma from father of respondent’s children. Special thanks to IRAC. (Matter of Sandoval-Landero, 11/20/15)
CA9 Upholds Denial of Asylum to HIV-Positive Citizen of Mexico
The court held that substantial evidence supported the BIA's denial of the claims for asylum, withholding of removal, and CAT relief of the petitioner, a citizen of Mexico who had sought relief based on his sexual orientation and HIV-positive status. (Bringas-Rodriguez v. Lynch, 11/19/15)
ICE Notice of Federal Advisory Committee Meeting on Family Detention
ICE notice of a meeting on 12/14/15 with the ICE Advisory Committee on Family Residential Centers in Washington, D.C. to discuss challenges within ICE family residential centers. This meeting will be open to the public and an agenda is included. (80 FR 72451, 11/19/15)
CA10 Says Violation of No-Contact Order Satisfies INA §237(a)(2)(E)(ii)
The court followed Matter of Strydom, holding that violation of an order prohibiting contact with a potential victim satisfies the requirements of INA §237(a)(2)(E)(ii), and finding that the permanent resident petitioner was removable under the statute. (Cespedes v. Lynch, 11/19/15)
AILA: How President Obama Can Reform Immigration in His Last Year
AILA issued a report card on President Obama’s immigration efforts over the past seven years and made recommendations. AILA President Victor Nieblas Pradis states, “In his final year, President Obama can save thousands of lives, keep families together, and help our economy thrive.”
AILA Report Card: How President Obama Can Improve Immigration In His Last Year
AILA urges President Obama to lead on immigration and ensure lasting change for the nation, with recommendations in: refugee and humanitarian protection; the legal immigration system; enforcement; and protecting undocumented families and others with strong ties to America. Share the Report Card!
CA8 Finds No Abuse of Discretion Where IJ Deemed Adjustment Application Waived
The court upheld the waiver of petitioner's adjustment of status application and the denial of his request for a continuance, finding that there was no abuse of discretion, because petitioner was given adequate notice by IJ of the requirements for his application. (Choge v. Lynch, 11/18/15)
Practice Advisory on Deferred Action for Childhood Arrivals
This Practice Advisory provides updated information about the initial and renewal DACA process and offers strategic advice for presenting individuals who may qualify. The American Immigration Council issued this advisory with AILA and the National Immigration Project of the National Lawyers Guild.
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.
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)
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.
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.
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).