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
Immigration Law Advisor, July-August 2015 (Vol. 9, No. 7)
Immigration Law Advisor with an article on Nijhawan v. Holder, as well as a chart with post-Nijhawan circuit court holdings, summaries of circuit court decisions from June and July 2015, summaries of recent BIA precedent decisions, and a regulatory update.
BIA Rescinds In Absentia Order Due to Confusion Regarding Date of Hearing
Unpublished BIA decision rescinds in absentia order upon finding respondent’s confusion regarding date of hearing constituted exceptional circumstances in light of eligibility to adjust and attendance at all prior hearings. Special thanks to IRAC. (Matter of Bonilla-Molina, 9/2/15)
DOJ OIL September 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for September 2015, with articles on Avendano-Hernandez v. Lynch, Morales-Santana v. Lynch, and TPS for Yemeni nationals, as well as summaries of circuit court decisions for September 2015.
CA9 Finds Voluntary Manslaughter Is Not Categorically a Crime of Violence
The court reversed the BIA's denial of petitioner's withholding and CAT applications, holding that petitioner's California conviction and 11-year sentence for voluntary manslaughter was not a categorical “crime of violence” or a “particularly serious crime.” (Quijada-Aguilar v. Lynch, 9/1/15)
CA10 Says State Conviction for Criminal Impersonation Is Categorically a CIMT
The court upheld the BIA’s denial of petitioner's motion to reopen, finding that petitioner's CO conviction for criminal impersonation was categorically a crime involving moral turpitude, thus rendering petitioner ineligible for cancellation of removal. (Veloz-Luvevano v. Lynch, 8/31/15)
BIA Grants Motion to Reconsider Denial of Asylum Application
Unpublished BIA decision reconsiders prior denial of asylum application upon finding IJ erred in finding respondents’ witnesses not credible and in requiring respondent to provide corroborating evidence from former supervisor in China. Special thanks to IRAC. (Matter of S-L-, 8/31/15)
TRAC Report Finds ICE Detainer Use Declining, But Not Targeting Convicted Criminals
A TRAC report found that ICE detainer use has declined, with the latest data showing that ICE issued 7,993 detainers in April 2015, which was 30% fewer than in October 2014. The data also showed that only 32% of individuals on whom detainers were placed in April 2015 had been convicted of a crime.
CA8 Says It Lacks Jurisdiction to Review BIA's Sua Sponte Denial of Motion to Reopen
The court held that it lacked jurisdiction to review the denial of petitioner's motion to reopen, because the motion requested that the BIA reopen the proceedings sua sponte, and the court may only review a denial of a statutory motion to reopen. (Shoyombo v. Lynch, 8/28/15)
CA9 Says Matter of Briones Does Not Apply Retroactively Where Applicant Relied on Acosta
The court reversed BIA's denial of petitioner's adjustment application, finding that petitioner reasonably relied on the law in effect at the time he applied, and that Matter of Briones should not be applied retroactively to bar his application. (Acosta-Olivarria v. Lynch, 8/26/15)
CA9 Upholds CAT Denial of Petitioner with Non-Gang Tattoos
The court upheld the BIAs’ denial of petitioner's CAT application, holding that the evidence did not compel the conclusion that petitioner established it was more likely than not that he would be tortured in El Salvador due to his decorative, non-gang tattoos. (Andrade v. Lynch, 8/27/15)
BIA Reopens Proceedings Sua Sponte Because Attorney Who Received Hearing Notice Did Not Enter Appearance
Unpublished BIA decision reopens proceedings sua sponte following in absentia order because record did not contain an entry of appearance for the attorney who received the hearing notice. Special thanks to IRAC. (Matter of Ayala-Guevara, 8/27/15)
BIA Request for Amicus Briefs on Jeune v. Att'y Gen.
The Board of Immigration Appeals (BIA) invites interested members of the public to file amicus curiae briefs on two specified issues relating to the Third Circuit's decision in Jeune v. Att'y Gen. Briefs are due by 9/25/15.
AILA Amicus Brief Filed in SCOTUS Case Luna-Torres v. Lynch
AILA amicus filed with the Supreme Court arguing that a crime is not an “offense described in” a federal criminal statute unless it meets all of the elements of that statute, including the interstate commerce requirement.
BIA Remands for Consideration of Administrative Closure Motion
Unpublished BIA decision finds that IJ's failure to consider a Motion to Administratively Close proceedings was error, and that IJ’s decision to allow DHS's sizable exhibit to be presented at the merits hearing without giving counsel sufficient time to review was unfair. Courtesy of Carlos Spector.
CA9 Says Stepchild Does Not Derive U.S. Citizenship from Stepparent
The court upheld the BIA's denial of the petitioner's claim that he derived citizenship under INA §320(a) from his U.S. citizen stepfather, finding that the definition of "child" in INA §101(c)(1) does not encompass stepchildren. (Acevedo v. Lynch, 8/24/15)
Court Orders Prompt Release of Immigrant Children from Family Detention
AILA and the American Immigration Council welcome a decision by U.S. District Judge Dolly Gee in Flores v. Lynch, which ruled that children should generally be released from detention within five days—preferably to a parent, including a parent with whom they were apprehended.
Sign-on Letter to White House on Transfer of Detained Transgender Women
On 8/24/15 AILA joined LGBTQ rights, civil rights, and immigrant rights organizations in a letter to President Barack Obama regarding the recent news that transgender women may soon be transferred to the Adelanto Detention Facility in Southern California.
BIA Rules on Controlling Filing Date for INA §208(b)(1)(B)(iii) Purposes
The BIA held that where an applicant’s initial asylum application was filed before May 11, 2005, and a subsequent one was submitted on or after that date, the filing date of the later application controls if it is properly viewed as a new one. Matter of M-A-F-, 26 I&N Dec. 651 (BIA 2015)
CA8 Upholds Denial of Adjustment of Status Due to False Claim of Citizenship on Form I-9
The court found that petitioner was inadmissible and thus ineligible for adjustment of status, because substantial evidence supported BIA's determination that petitioner falsely claimed to be a U.S. citizen on a Form I-9 when he applied for a job in 2009. (Etenyi v. Lynch, 8/21/15)
CA7 Upholds Adverse Credibility Determination of Cameroonian Petitioner
The court upheld BIA's denial of petitioner's asylum application, finding that petitioner neither demonstrated that IJ’s adverse credibility determination was erroneous nor produced any evidence sufficient to corroborate his account of mistreatment in Cameroon. (Tawou v. Lynch, 8/20/15)
CA9 Instructs BIA to Grant Motion to Reopen Due to Ineffective Assistance
The court held that petitioner was entitled to equitable tolling of his untimely motion to reopen, finding that lawyer’s advice to pursue a form of immigration relief for which he was statutorily ineligible constituted ineffective assistance of counsel. (Salazar-Gonzalez v. Lynch, 8/20/15)
CA7 Says Noncitizens Have Second Amendment Rights
The court held that noncitizens, including unauthorized noncitizens, are among "the people" on whom the Second Amendment of the U.S. Constitution bestows the individual right to keep and bear arms. (United States v. Meza-Rodriguez, 8/20/15)
CA1 Says It Lacks Jurisdiction to Review Denial of Adjustment of Status Application
The court held it lacked jurisdiction to review BIA's dismissal of the petitioner's adjustment of status application and removal order, finding that such decisions under INA §245 are purely discretionary, absent a colorable constitutional claim or question of law. (Mele v. Lynch, 8/19/15)
Report on Family Detention in Berks County, Pennsylvania
Human Rights First released a report on the Berks County Family Detention Facility. Report states that, “Detention is not only harmful to children and families, but also expensive to taxpayers at an average daily cost of $343 per person” and also provides recommendations on ending family detention.
BIA Reopens Proceedings Sua Sponte To Consider Brief Delayed in Transit
Unpublished BIA decision reopens proceedings sua sponte to consider arguments in brief that was significant delayed in transit to the Board, but reaffirms its prior decision. Special thanks to IRAC. (Matter of Victoria Javier, 8/19/15)