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 Finds IJ Failed To Sufficiently Explain Denial of Administrative Closure
Unpublished BIA decision orders further consideration of request for administrative closure where IJ stated that the request was denied because it was not “judicially economical.” Special thanks to IRAC. (Matter of Perez, 10/1/15)
DOJ OIL October 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for October 2015, with articles on Rodriguez v. Robbins, Lora v. Shanahan, Matter of Chairez, and Matter of Sama, as well as summaries of circuit court decisions for October 2015.
BIA Chastises IJ For Denying SIJ-Related Continuance
Unpublished BIA decision reverses denial of continuance pending adjudication of state court dependency petition, stating that denial of request “was not a good utilization of Immigration Court and Board resources.” Special thanks to IRAC. (Matter of M-A-J-, 9/30/15)
CA9 Says BIA Applied Wrong Standard in Philippines Coup Planner Case
The court held that the BIA erred in failing to apply the clear error standard of review to the IJ’s finding that petitioner lacked the “intent to endanger, directly or indirectly, the safety of one or more individuals.” (Zumel v. Lynch, 9/29/15)
Coercion and Intimidation of Detained Mothers and Children
A complaint was submitted to the DHS Office for Civil Rights and Civil Liberties and the Office of Inspector General by the CARA Family Detention Pro Bono Project documenting intimidation, misinformation and violations of the right to counsel at the family detention facility in Dilley, Texas.
CARA: Coercion and Intimidation of Detained Mothers and Children Must Stop
The CARA Family Detention Pro Bono Project submitted a complaint to the DHS Office of Civil Rights and Civil Liberties and the Office of Inspector General documenting intimidation, misinformation and violations of the right to counsel at the South Texas Family Residential Center in Dilley, Texas.
Public Complaint Regarding Coercion and Violations of the Right to Counsel at the South Texas Family Residential Center in Dilley
Public complaint submitted by the CARA Project to the DHS Office of Civil Rights and Civil Liberties and the Office of Inspector General documenting intimidation, misinformation and violations of the right to counsel at the South Texas Family Residential Center in Dilley, Texas.
CA8 Says Misuse of SNAP Benefits Is Aggravated Felony
The court upheld the BIA’s conclusion that the petitioner’s conviction for the unauthorized use of SNAP food stamp benefits categorically involved fraud or deceit within the meaning of INA §101(a)(43)(M), and was thus an aggravated felony. (Mowlana v. Lynch, 9/30/15)
BIA Upholds IJ’s Finding That DHS Did Not Prove Respondent Was Aggravated Felon
Unpublished BIA decision affirms discretionary grant of cancellation of removal, upholding IJ's conclusion that DHS did not prove respondent was convicted of an aggravated felony, because the record did not establish if the conviction was for personal use or trafficking. Courtesy of Russell Abrutyn.
EOIR 30-Day Notice for Comments on Form EOIR-56
EOIR 30-day notice requesting comments on Form EOIR-56, Request to be Included on the List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings. Comments are now due on 10/29/15. (80 FR 58506, 9/29/15)
BIA Reopens Proceedings Sua Sponte Due to Stress Causing Respondent to Miss Hearing
Unpublished BIA decision reopens proceedings sua sponte, noting that respondent failed to appear at hearing due to stress arising from pending divorce proceedings and mother’s hospitalization. Special thanks to IRAC. (Matter of Galono, 9/29/15)
CA9 Says It Lacks Jurisdiction to Review Challenge to Expedited Removal Proceeding
The court held that, pursuant to the jurisdiction-stripping provisions of INA §2429(a)(2)(A), it lacked jurisdiction to review an IJ’s affirmance of an asylum officer's negative credible fear determination in the petitioner's expedited removal proceedings. (Pena v. Lynch, 9/28/15)
BIA Solicits Amicus Briefs on “Ordinary Case” Methodology
The Board of Immigration Appeals (BIA) invites interested members of the public to file amicus curiae briefs on the effect of the U.S. Supreme Court’s decision in Johnson v. United States on the continued viability of Matter of Francisco-Alonzo. Briefs are due by 10/28/15.
BIA Says DHS Has Obligation To Disclose Evidence Regarding Mental Competency
Unpublished BIA decision remands for consideration of respondent’s mental competency and says DHS has obligation to provide the IJ with relevant materials in its possession. Special thanks to IRAC. (Matter of Pierre, 9/25/15)
CA5 Finds Petitioner with Multiple Convictions Ineligible for Cancellation of Removal
The court upheld BIA's decision in Matter of Pina-Galindo, holding that the plain language of INA §240A(b)(1)(C) includes an “offense under INA §212(a)(2)” and does not limit ineligibility for cancellation of removal to offenses under INA §212(a)(2)(A). (Pina-Galindo v. Lynch, 9/24/15)
TRAC Report Finds Increasing Wait Times for Hearing Dates in Immigration Courts
A TRAC report found that 456,644 individual deportation cases were pending before the judges in U.S. immigration courts at the end of August 2015. The data shows that the backlog of pending cases and the average individual wait times have both reached new all-time highs.
CA9 Says Credibility Determination May Be Based Solely on Background Evidence in Record
The court held that the REAL ID Act permits the BIA and IJ to base their adverse credibility determinations exclusively on background evidence in the record upon considering the totality of the circumstances and all relevant factors. (Singh v. Lynch, 9/21/15)
CA1 Upholds Denial of Good Faith Marriage Waiver
The court found that the petitioner was afforded a fundamentally fair proceeding during which substantial evidence was presented for the IJ and the BIA to conclude that his marriage was not entered into in good faith. (Davis v. Lynch, 9/21/15)
Obama Administration Again Hands Families Over to Private Prison Company
The CARA Family Detention Pro Bono Project responded to the news that Immigration and Customs Enforcement (ICE) had awarded a private prison company the grant to establish a new case management alternative to detention initiative for families.
Statement by DHS Secretary on Reforms to Family Residential Centers
DHS statement by Secretary Jeh Johnson on reforms to family residential centers, stating DHS is “…taking steps to ensure compliance with the July 24 and August 21 orders… we remain committed to reforming our family residential center policies, as we have been doing for the past several months.”
CA1 Says Conviction Can Be Aggravated Felony Even If No Sentence Was Served
The court held that a predicate conviction under federal or state law can constitute an aggravated felony under INA §101(a)(43) even when it is not accompanied by a term of imprisonment. (Levesque v. Lynch, 9/18/15)
BIA Sustains Appeal of Respondent with DUI Convictions
Unpublished BIA decision held that respondent warrants a grant of cancellation of removal, finding that his 2002 DUI conviction fell outside the period for which he must show good moral character, and thus was not a relevant factor. Courtesy of Div Gopal. (Matter of Martinez Jimenez, 9/18/15)
VSC Meeting Notes and Practice Pointers on VAWA, U, and T Filings
Meeting notes and practice pointers compiled by AILA’s VAWA, Us, and Ts Committee, ASISTA, and ICWC from the Vermont Service Center (VSC) stakeholder event held at VSC on September 18, 2015. Includes information on processing issues, RFEs, the hotline, the U visa waitlist, I-765s, and VAWA cases.
CA6 Says Personal Service upon Counsel May Constitute Service to Noncitizen
The court held that INA §240 requires that personal service of an order of removal in absentia be made upon a noncitizen whenever practicable, and found that personal service upon counsel may, in certain cases, constitute personal service to a noncitizen. (Cruz-Gomez v. Lynch, 9/17/15)
TRAC Finds Criminal Activity Alleged in 10.8% of Immigration Court Deportation Filings
A Transactional Records Access Clearing House (TRAC) report finds that as of August 2015, alleged criminal activity has been the basis of only about one of every ten deportation filings in U.S. immigration court so far this fiscal year.