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
CA11 Affirms Dismissal of Bivens Claim Alleging Unconstitutionally Prolonged Detention
The court affirmed the district court's dismissal of the plaintiff's Bivens action, holding that no Bivens remedy is available to a plaintiff who claims that immigration officials unconstitutionally prolonged his detention. (Alvarez v. ICE, 3/24/16)
CA9 Says “Habitual Drunkard” Bar to Good Moral Character Is Unconstitutional
The court held that INA §101(f)(1) is unconstitutional under the Equal Protection Clause, because there is no rational basis to classify people afflicted by chronic alcoholism as innately lacking good moral character (Ledezma-Cosino v. Lynch, 3/24/16)
CA9 Finds California Convictions for Identity Theft Are Not Categorically CIMTs
The court held that the BIA erred in finding that the petitioners’ convictions for identity theft under California Penal Code §§530.5(a) and (d)(2) were categorically crimes involving moral turpitude. (Linares-Gonzalez v. Lynch, 3/21/16)
CA9 Says "Imputed Wealthy Americans” Is Not a Particular Social Group
The court upheld the BIA's denial of the motion to reopen, finding that petitioners, Mexican citizens who asserted a fear of persecution based on membership in a social group comprised of "imputed wealthy Americans," failed to establish asylum eligibility. (Ramirez-Munoz v. Lynch, 3/21/16)
TRAC Report Shows Only One Fourth of New Immigration Court Cases Involved Mexicans
This report from TRAC finds that only one in four immigration court filings in FY2016 involved Mexicans. The number of court proceedings involving Mexicans peaked in FY2009. The report also finds that 35% of new cases are for women and unaccompanied children, primarily from Central America.
VSC Stakeholders Newsletter, Winter 2016
In the Winter 2016 issue of the VSC stakeholder newsletter, there are filing tips for DACA and H-1Bs, and notice that VSC began issuing two-year work permits for U applicants granted deferred action under the conditional grant program. There is also a message from Center Director Laura Zuchowski.
AILA’s Comment on Sentencing Guidelines for Illegal Entry and Smuggling
AILA comments submitted on 3/21/16 on the U.S. Sentencing Commission’s proposed changes to the Sentencing Guidelines for the crimes of illegal reentry (2L1.2) and smuggling (2L1.1).
CA2 Says BIA's Decision Not to Certify Untimely Appeal Is Not Subject to Judicial Review
The court held that the BIA's decision declining to certify the petitioner's untimely appeal of his removal order was a discretionary determination and, accordingly, was not subject to judicial review. (Vela‐Estrada v. Lynch, 3/21/16)
District Court Orders USCIS to Adjudicate Plaintiff’s 1982 Naturalization Application
The U.S. District Court for the District of Connecticut granted the plaintiff's motion for summary judgment, ordering USCIS to “perform all acts necessary” to enable review of plaintiff’s pending 1982 naturalization application, and to render a timely decision. (Giammarco v. Beers, 3/17/16)
CRS Report on Right to Counsel in Removal Proceedings
This CRS report looks at the right to counsel in removal proceedings, including how the Fifth Amendment and the INA are used to guarantee right to counsel at the individual’s expense and the circumstances under which an undocumented immigrant is eligible for counsel at the government’s expense.
BIA Holds Marriage Not Required for Domestic Violence Asylum Claims
Unpublished BIA decision holds that “women who cannot leave a relationship” is a cognizable particular social group regardless of whether the applicant was married to her abuser. Special thanks to IRAC. (Matter of H-M-R-M, 3/17/16)
Resources and Links on Central American Humanitarian Crisis
A resource guide with statistics and information about the humanitarian crisis in the Northern Triangle (Honduras, El Salvador, and Guatemala) of Central America. Includes links to additional resources with information on the multiple push factors driving children to flee their home countries.
AILA Files Amicus Brief with CA9 on Ambiguous Records of Conviction
AILA joined other immigrant rights and legal services organizations in filing an amicus brief with the Ninth Circuit in Vasquez v. Lynch urging the court to hold that the petitioner is not barred from relief on an ambiguous record of conviction.
AIM: Educators Respond to Fear Over Immigration Raids
Dr. Maritza Gonzalez, Director of Latino Affairs for the Prince George's County Public Schools, shares how deportation fears after immigration raids are causing drops in attendance rates at area schools and discusses what the education system is doing.
DHS OIG To Periodically Inspect CBP and ICE Detention Facilities
DHS OIG announced a program of ongoing unannounced inspections of CBP and ICE detention facilities. The OIG is initiating this inspection program in response to concerns raised by immigrant rights groups and complaints to the DHS OIG Hotline regarding conditions for aliens in CBP and ICE custody.
EOIR Swears in Eight Immigration Judges
EOIR announced the investiture of eight immigration judges. Attorney General Loretta E. Lynch appointed Raisa Cohen, Evalyn P. Douchy, D’Anna H. Freeman, Rebecca B. Jamil, Elise M. Manuel, R. Reid McKee, Vernon B. Miles, and Morris I. Onyewuchi to their new positions.
Practice Pointer: I-751 Waiver Strategies
AILA’s VSC Liaison Committee provides a practice pointer addressing strategies for filing a I-751 petition in cases in which the applicant is separated or divorced from the petitioning spouse, or if the applicant is in removal proceedings or has a final order of removal.
CA6 Finds DHS Cannot Reopen Case Against Bangladeshi Asylum Grantee
The court held that BIA abused its discretion in granting DHS’s motion to reopen, finding that documents proffered by DHS allegedly showing petitioner’s story to be fraudulent were previously available and could have been discovered at petitioner’s prior hearing. (Sakhawati v. Lynch, 3/14/16)
H. Res. 639: Authorizing the Speaker to Appear in United States v. Texas
House Resolution 639 authorized the Speaker to appear as amicus curiae on behalf of the House of Representatives in the matter of United States v. Texas.
AILA: Federal Government Continues Unnecessarily Harsh Enforcement Tactics Harming Families and Communities
AILA President Victor Nieblas stated, “DHS enforcement policies involving women and children seeking asylum at our borders violate due process, repudiate our fundamental values of fairness and justice, and have sown widespread fear and turmoil in communities, schools, and churches nationwide.”
CA3 Finds NTA Omitting Statutorily Required Information Did Not Trigger "Stop Time" Rule
The court held that service of an NTA that lacked specificity as to date and time of petitioner's removal proceedings did not discontinue petitioner's residency period for purposes of the “stop-time” rule. (Orozco-Velasquez v. Att'y Gen., 3/11/16)
Letter to Director Rodríguez on USCIS Processing Delays
A 3/11/16 letter from AILA to USCIS Director León Rodríguez, expressing concerns over significant backlogs in processing a variety of applications and petitions for immigration benefits, and a lack of transparency communicating current processing times to the public.
USCIS Provides Guidance on Processing Affirmative Applications (Form I-589) Filed by Applicants in Expedited Removal and Processing Credible Fear Case
USCIS released a memorandum with procedures for processing affirmative asylum applications (Form I-589) filed by individuals in expedited removal and for processing credible fear cases for individuals who are in expedited removal and who are not in immigration detention (non-detained).
BIA Rules on Requirements to Adjust Status Under the Legalization Provisions of INA §245A
The BIA held that a noncitizen seeking to acquire LPR status through INA §245A must establish admissibility both at the time of the initial application for temporary resident status and when applying for adjustment to permanent resident status. Matter of Villalobos, 26 I&N Dec. 719 (BIA 2016)
CA9 Holds Conviction for Written Perjury in CA Is Not a CIMT
Applying the modified categorical approach, the court held that petitioner's conviction for written perjury under California law did not constitute a crime involving moral turpitude (CIMT). (Rosales Rivera v. Lynch, 3/10/16)