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 Evidence of Voluntary Departure At or Near Border Does Not Break Presence If Not Advised of Right to IJ Hearing
The BIA held that where a noncitizen was not informed of the right to appear before an IJ, a voluntary departure or return does not break continuous physical presence, regardless of whether the encounter occurred at or near the border. Matter of Garcia-Ramirez, 26 I&N Dec. 674 (BIA 2015)
CA2 Says Detained Immigrants Must Be Afforded Bond Hearing Within Six Months of Detention
The court held that an immigrant detained pursuant to INA §236(c) must be afforded a bail hearing before an IJ within six months of his or her detention. (Lora v. Shanahan, 10/28/15)
Letter to Texas Officials on Licensing Detention Centers in Dilley and Karnes
On 10/27/15, the CARA Pro Bono Project sent a letter to Texas officials urging the Texas Department of Family and Protective Services (DFPS) to deny licenses to ICE for its two family detention centers in Dilley and Karnes, Texas.
BIA Finds Nevada Battery Not a Crime of Violence
Unpublished BIA decision holds battery under Nev. Rev. Stat. 200.485.1(a) is not categorically a crime of violence, because it includes use of any unwanted force, however slight. Special thanks to IRAC. (Matter of Patricio-Damian, 10/27/15)
BIA Holds DHS May Place “Arriving Aliens” in Removal Proceedings Without Credible Fear Determination
Unpublished BIA decision states that DHS may elect as matter of discretion to place arriving aliens directly into removal proceedings without requiring them to pass a credible fear determination. Special thanks to IRAC. (Matter of Patel, 10/26/15)
CA7 Finds IJ Misconstrued Petitioner's Testimony Regarding Wife's Procedure
The court held that the IJ misunderstood petitioner’s testimony, and that the IJ erred by concluding that petitioner could not show past persecution because he resisted only his wife’s forced contraceptive implant, as opposed to a forced abortion or sterilization. (Wang v. Lynch, 10/26/15)
Senators Urge DHS to Examine Policies that Limit Access to Legal Counsel for Detained Families
On 10/23/15, 19 senators sent DHS Secretary Jeh Johnson a letter urging him to examine ICE’s policies that have barred or limited asylum-seeking mothers and children access to legal representation in Dilley, Texas.
Fact Sheet: The Flores Litigation and the Impact on Family Detention
The CARA Family Detention Pro Bono Project offers this fact sheet on the Flores litigation, covering the key points from Judge Gee’s ruling concerning the inhumane incarceration of mothers and children fleeing violence and persecution, and what the next steps are in the case.
Government Continues Incarcerating Mothers and Children Despite Judge’s Ruling
The CARA Family Detention Pro Bono Project calls on the government to fully comply with Judge Gee’s ruling concerning the inhumane incarceration of mothers and children fleeing violence and persecution; thus far DHS has not taken the steps necessary to comply with today’s deadline.
AILA/USCIS Field Operation Directorate Liaison Q&As (10/22/15)
Official questions and answers from the 10/22/15 AILA liaison meeting with USCIS Field Operations. Topics include summarily denied I-130s per INA §204(g), K-1s, I-751 interview delays, emergency advance parole, I-212s, and EB-5 issues. Notes include leadership directory and organizational chart.
AILA EOIR/OCAHO Liaison Meeting Minutes (10/22/15)
Minutes from the 10/22/15 AILA liaison meeting with EOIR and OCAHO. Topics include use of technology in the courtroom, representation at credible fear reviews, updates on the immigration court backlogs, priority dockets, staffing, communication between ICE and OCAHO, FOIAs, and appeals.
Practice Advisory on Inspection, Entry, and Admission
This practice advisory discusses entries where a noncitizen is “waved” in; where there is fraud or misrepresentation; and where there is a false claim to U.S. citizenship. Also discusses whether the entry was an “admission”, immigration status upon entry, and the impact on a DACA application.
BIA Terminates Proceedings Despite Eligibility for Reinstatement of Removal
Unpublished BIA decision reopens and terminates proceedings following vacatur of criminal conviction and notwithstanding that respondent was subject to reinstatement of removal under INA 241(a)(5). Special thanks to IRAC. (Matter of Raya-Dominguez, 10/22/15)
BIA Finds Crime Against Family Members Constitutes Exceptional Circumstances for Failure to Appear
Unpublished BIA decision finds failure to appear justified by exceptional circumstances, namely the kidnapping of her brothers and cousin, and the murder of her father shortly before the hearing. Special thanks to IRAC. (Matter of Rincon-Velasquez, 10/21/15)
CA10 Finds BIA Erred in Applying Matter of Briones Retroactively to Petitioner
The court held that the BIA’s retroactive application of Matter of Briones to petitioner’s case found no support in the principles underlying the law of retroactivity, in precedent decisions, or in relevant authority from other jurisdictions. (De Niz Robles v. Lynch, 10/20/15)
BIA Finds New York Sexual Offense Not a CIMT
Unpublished BIA decision holds that a second degree criminal sexual act under N.Y.P.L. 103.45 Is not a CIMT because the statute lacks a scienter requirement with regard to the age of the victim. Special thanks to IRAC. (Matter of S-P-B-, 10/20/15)
CBP Issues Memo on Implementation of Court Order regarding Flores Settlement Agreement
CBP issued a memo on the implementation of the court order regarding the Flores settlement agreement and the 10/21/15 ruling regarding CBP holding facilities.
AILA ICE Liaison Committee Meeting Q&As (10/19/15)
AILA ICE Liaison Committee questions and answers from the 10/19/15 liaison meeting with ICE, including information on prosecutorial discretion, OSUP orders, ISAP, bond, stays of removal, family detention, U visas, and recent HSI arrests.
CA2 Remands Where BIA Failed to Consider Petitioner’s Marriage Certificate
The court found that it was unable to meaningfully review the BIA’s removability determination, because the BIA failed to consider material evidence—namely, petitioner’s 1994 marriage certificate, which stated that he first married five years after his admission. (Ahmed v. Lynch, 10/19/15)
No Safe Haven Here: Mental Health Assessment of Women and Children Held in U.S. Immigration Detention
A mental and behavioral health research team traveled to the Dilley Detention Facility and released a report on Central American women and children’s refugee immigrant detention experiences after doing fieldwork from July 22 to July 24, 2015.
BIA Finds Adjustment Applicant Was Admitted Despite Fraudulent Affidavit of Support
Unpublished BIA decision finds adjustment applicant was “admitted” despite having previously obtained a K nonimmigrant visa by means of a fraudulent affidavit of support. Special thanks to IRAC. (Matter of Huynh, 10/16/15)
BIA Holds Kansas Aggravated Battery Not a Crime of Violence
Unpublished BIA decision finds aggravated battery under Kan. Stat. 21-3414(a)(2)(A) not an aggravated felony crime of violence because it encompasses reckless conduct. Special thanks to IRAC. (Matter of Laicer, 10/15/15)
TRAC Report Finds Immigration Courts Completed 7.3% More Cases in FY2015
A TRAC report found that IJs completed 198,105 cases during FY2015, up 7.3% from 184,597 in FY2014. The data also indicates that this marks the first time in six years that immigration court closings have risen rather than fallen, halting a downward slide that had been observed since FY2009.
EOIR Notice of Meetings on Proposed Rule on Non-Attorney Representatives
EOIR notice of three meetings on a proposed rule on the recognition of organizations and accreditation of non-attorney representatives. Notice includes date/time of meetings, registration information, and agendas. (80 FR 61773, 10/14/15)
CA8 Finds Petitioner Forfeited Right to Hearing on False-Representation Charge
The court held that the petitioner forfeited his right to a merits hearing on the charge of falsely representing himself as a U.S. citizen in violation of INA §237(a)(3)(D) by failing to make a timely assertion of the right. (Muiruri v. Lynch, 10/14/15)