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.
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Updates from EOIR
Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
CA9 Says INA §242(a)(2)(C) Does Not Bar Review of Procedural Motion Denial
The court held that the statutory criminal bar does not strip the court of jurisdiction to review the denial of a procedural motion that rests on a ground independent of the conviction that triggered the bar, and upheld the denial of petitioner’s motion to continue. (Garcia v. Lynch, 8/18/15)
IJ Grants Asylum to Bangladeshi Member of BNP
The IJ granted the asylum application of a Bangladeshi national who was a member of the Bangladesh Nationalist Party (BNP), and who suffered persecution by the current ruling party, the Awami League. The IJ specifically found that the BNP is not a terrorist organization. Courtesy of Paul Scott.
AILA Quicktake #134: Flores Litigation Update
American Immigration Council's Legal Fellow Lindsay Harris delves into the government and plaintiffs' responses on Judge Gee's Order to Show Cause in the ongoing Flores settlement litigation and tells us what to expect next.
CA9 Says California Theft Conviction Not an Aggravated Felony
The court held that a California theft conviction was categorically not a theft offense and thus not an aggravated felony, because the statute was both overbroad and indivisible, and such a conviction was not susceptible to the modified categorical approach. (Lopez-Valencia v. Lynch, 8/17/15)
TRAC Report Finds Central American Deportation Cases Dominate U.S. Immigration Courts
A Transactional Records Access Clearing House (TRAC) report found that Central Americans continue to outnumber Mexicans when DHS seeks deportation orders in Immigration Court. To date in FY2015, 42% of DHS filings involved individuals from Central America, up from 25% three years ago.
DC Circuit Court Finds Sheriff Joe Arpaio Lacks Standing to Sue to Enjoin DACA/DAPA
The court held that Sheriff Arpaio’s allegations of causation and redressability regarding DHS’s deferred action policies rest on speculation beyond that permitted by standing decisions, and affirmed the district court’s dismissal for want of Article III standing. (Arpaio v. Obama, 8/14/15)
Plaintiffs’ Response to Order to Show Cause in Flores Litigation
The 8/14/15 response to Order to Show Cause filed by the plaintiffs in the ongoing Flores litigation. Also included are supporting documents filed with the response.
OIG Report Finding USCIS Did Not Deliberately Violate Court Injunction When Issuing Three-Year EADs
The DHS Inspector General found no evidence that USCIS deliberately violated a U.S. District Court’s preliminary injunction when it issued approximately 2,000 three-year EADs after the Court enjoined the November 2014 executive actions on immigration.
CA8 Finds That Forgery Conviction Under CA Penal Code Statute Is a CIMT
The court held that a conviction under California Penal Code §472, which criminalizes forgery and related conduct, always includes the element of a specific intent to defraud, and is thus categorically a crime involving moral turpitude. (Miranda-Romero v. Lynch, 8/12/15)
CA9 Grants Petition for Review on Remand from U.S. Supreme Court in Light of Mellouli
The court held that, in light of Mellouli v. Lynch, the Nevada statute under which petitioner was convicted for possessing drug paraphernalia was overbroad, and that petitioner was thus not categorically barred from seeking cancellation of removal. (Madrigal-Barcenas v. Lynch, 8/10/15)
BIA Rescinds In Absentia Order Against Respondent Who Assumed IJ Would Change Venue
Unpublished BIA decision rescinds in absentia order against respondent who wrongly assumed that the IJ would change venue to Texas and who could not arrange transportation to immigration court in Seattle. Special thanks to IRAC. (Matter of Dholasania, 8/19/15)
CA5 Says Being Born on Overseas Military Base Does Not Confer U.S. Citizenship
The court held that the petitioner did not derive birthright citizenship from the 14th Amendment, because the U.S. military base located in modern-day Germany on which he was born was not “in the United States” for purposes of the 14th Amendment. (Thomas v. Lynch, 8/7/15)
CA6 Remands for Reconsideration and Clarification of Frivolousness Finding
The court held that the current record did not support BIA and IJ’s frivolousness finding, because IJ failed to determine whether misrepresentations made by the Chaldean Christian Iraqi petitioner were material to his asylum application at the time they were made. (Yousif v. Lynch, 8/7/15)
DOJ’S Shameful Attempt to Pretty Up Family Detention Comes Up Woefully Short
The American Immigration Lawyers Association and the American Immigration Council are outraged by the U.S. Department of Justice (DOJ) response to U.S. District Judge Dolly Gee’s ruling on the mass incarceration of children and mothers seeking asylum in the U.S.
AILA Amicus Brief on Ambiguous Conviction Records
AILA amicus brief filed with the Ninth Circuit arguing that the court should overrule Young v. Holder, and hold that a noncitizen has not been convicted of a disqualifying offense in cases in which the conviction record is ambiguous.
CA8 Finds Minnesota Obstruction of Legal Process Conviction Not an Aggravated Felony
The court reversed the BIA, finding that an obstruction of legal process conviction under a Minnesota statute was not a "crime of violence," and thus not an aggravated felony requiring removal under INA §237(a)(2)(A)(iii). (Ortiz v. Lynch, 8/6/15)
CA1 Upholds Determination That Attack on Petitioner Was Not Persecution
The court held that the generalized evidence, including news articles and country conditions reports, submitted by the Honduran petitioner, who escaped an attack by armed assailants, was not sufficient to compel a finding of a well-founded fear of persecution. (Villafranca v. Lynch, 8/5/15)
CA1 Upholds Adverse Credibility Determination Due to Prior Inconsistent Statements
Based on substantial evidence, including petitioner's prior inconsistent statements, the court upheld the IJ and BIA's adverse credibility finding and the resulting denial of petitioner's withholding of removal and CAT claims. (Cuatzo v. Lynch, 8/5/15)
USCIS Update for DACA Recipients Who Received Three-Year EADs
USCIS update on efforts to retrieve three-year DACA work permits. As of 8/5/15, USCIS reports that it has accounted for over 99% of the approximately 2,600 identified invalid work permits requiring return. Twenty-two recipients failed to respond to the recall, and their DACA has been terminated.
BIA Holds IJs Must Notify Applicants of Biometrics Requirement and Deadline
BIA held that IJs must notify asylum applicants of biometrics requirements, deadline, and noncompliance consequences, and that IJs and BIA lack jurisdiction to consider if asylum-only proceedings were improvidently begun under a VWP referral. Matter of D-M-C-P-, 26 I&N Dec. 644 (BIA 2015)
CA3 Implements Temporary Administrative Stay Procedure
In order to ensure that petitioners in immigration matters are not deported before the court has an opportunity to act on a motion for stay of removal, the third circuit will grant a temporary administrative stay pending disposition of a motion for a stay if the case meets certain listed criteria
EOIR Security Directive on the Use of Electronic Devices in EOIR Space
EOIR Security Directive 01-2015, on the public use of electronic devices in EOIR space. The directive prohibits use of electronic devices in courtrooms, entrances/exits, corridors, conference rooms, and waiting areas, except for the limited purpose of conducting relevant court/ business activities.
BIA Request for Amicus Briefs on Crimes Involving Moral Turpitude
The BIA invites interested members of the public to file an amicus curiae brief on crimes involving moral turpitude. Briefs are due by 8/25/15.
CA9 Holds “Mixed” BIA Decision Is Not a Final Order of Removal
The en banc court held that when BIA issues a decision that denies some claims, but remands others to IJ, BIA's decision is not a final removal order with regard to any of the claims, and does not trigger the 30-day window in which to file a petition for review. (Abdisalan v. Holder, 1/6/15)
BIA Finds Removal Would Cause Exceptional and Extremely Unusual Hardship
Unpublished BIA decision reverses denial of non-LPR cancellation in light of medical problems afflicting qualifying relatives. Special thanks to IRAC. (Matter of Y-Y-C-, 8/4/15)