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
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.
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.
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.
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.
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.
BIA Says IJs Should Use Preponderance of the Evidence Standard to Determine Competency
The BIA held neither party bears a formal burden of proof to establish a respondent’s mental competency, but where there are indicia of incompetency, the IJ should determine if a preponderance of evidence establishes the respondent is competent. Matter of J-S-S-, 26 I&N Dec. 679 (BIA 2015)
Immigration Law Advisor, October 2015 (Vol. 9, No. 9)
The October 2015 Immigration Law Advisor, a legal publication from EOIR, includes with an article on fraud and the unauthorized practice of law in immigration proceedings, as well as summaries of circuit court decisions from September 2015 and regulatory updates.
BIA Finds Attorney Provided Ineffective Assistance by Failing to Raise Domestic Violence Asylum Claim
Unpublished BIA decision finds prior attorney provided ineffective assistance by failing to argue that respondent qualified for asylum under Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014), and by failing to file a brief on appeal. Special thanks to IRAC. (Matter of L-Y-O-B-, 11/2/15)
DOJ OIL November 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for November 2015, with articles on Texas v. United States and DACA, as well as summaries of circuit court decisions for November 2015.
Recent Decisions from 11th Circuit Court of Appeals and District Court Decisions (October 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 October 2015 and should be used as a starting point in research.
Protecting the Survivors
Since October is Domestic Violence Awareness Month, we wanted to take this opportunity to draw attention to the need for AILA member expertise to help survivors, the challenges involved, and also highlight some ways that immigration attorneys can make a huge difference by getting involved and offeri
AG Refers Two BIA Decisions to Herself for Review of Issue Relating to Descamps
The AG referred the BIA’s decisions to herself for review of an issue relating to Descamps v. U.S., ordering that those cases be stayed and not regarded as precedential or binding as to the issue under review. Matter of Chairez and Matter of Sama, 26 I&N Dec. 686 (A.G. 2015)
Legal Access and Legal Visitation Standard Operating Procedures for ICE Family Residential Centers
ICE issued Standard Operating Procedures establishing minimum legal access and legal visitation standards applicable to all ICE Family Residential Centers (FRC) that are active and operational.
Sign-on Letter to ICE on Processing Immigrants Set for Early Release from BOP
On 10/29/15, AILA joined a number of immigration and human rights organizations urging ICE to provide due process to the estimated 1870-2000 immigrants that are scheduled for early release from the Bureau of Prisons (BOP) starting 10/30/15.
BIA Reopens In Absentia Order After Tolling 180-Day Deadline
Unpublished BIA decision rescinds in absentia order upon finding failure to appear was result of ineffective assistance and that respondent acted with sufficient diligence to toll 180-day deadline to seek reopening. Special thanks to IRAC. (Matter of Castro, 10/29/15)
BIA Remands Record Because IJ Failed to Note Eligibility for 212(h) Waiver
Unpublished BIA decision remands records because the IJ failing to advise the respondent of his potential eligibility to adjust status with a 212(h) waiver, thereby violating 8 CFR §1240.11(a)(2). Special thanks to IRAC. (Matter of Dia, 10/29/15)
EOIR Memo on Handling Cases Involving Certain Applications for Cancellation and Suspension
Obtained via FOIA by Hoppock Law Firm, EOIR released a memo from David L. Neal to Board Legal Staff on handling cases involving certain applications for cancellation and suspension, and identifying CoR cap cases. Special thanks to Matthew Hoppock.
AILA Quicktake #144: AILA ICE Liaison Committee Update
AILA ICE Liaison Committee Vice Chair Heather Drabek Prendergast shares updates from an October 19, 2015, meeting with ICE. Help the committee by filling out this survey, Prosecutorial Discretion Prior to Issuance of NTA.
BIA Finds Voluntary Departure Does Not Break Presence If Not Informed of Right to IJ Hearing
The BIA held that where a noncitizen had the right to appear before an IJ but was not informed of that right, a voluntary departure does not break the noncitizen’s continuous physical presence for purposes of cancellation of removal. Matter of Castrejon-Colino, 26 I&N Dec. 667 (BIA 2015)