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
AILA Presents Laura Lichter and Stephen Manning with the Founders Award
AILA will award Laura Lichter, of Lichter Immigration, Denver, CO, and Stephen Manning, of Immigrant Law Group, PC, Portland, OR, with the Founders Award, which is given from time to time to the person or entity having the most substantial impact on the field of immigration law or policy.
CA3 Orders Return of Guatemalan Petitioners to United States
The court ordered the government to use its best efforts to intercept petitioners when they landed in Guatemala City and to return them to the United States immediately, and granted petitioners a stay of removal upon their return. (Sutuc v. Att’y Gen, 6/19/15)
ICE Memo with Guidance on Treatment of Transgender Detainees
A 6/19/15 memo from Thomas Homan with guidance on how to care for transgendered individuals in custodial settings. Memo addresses data systems, identification and processing, and housing placements. Memo complements existing ICE/DHS policies and standards, including the DHS PREA Standards.
AILA ICE Liaison Committee Meeting Q&As (6/19/15)
AILA ICE Liaison Committee questions and answers from the 6/19/15 liaison meeting with ICE, including information on DHS enforcement priorities, prosecutorial discretion, DACA, reinstatement of removal, orders of supervision, ICE interaction with DMVs, bond, biometrics, and family detention.
BIA Grants Interlocutory Appeal Challenging Change of Venue
Unpublished BIA decision grants interlocutory appeal challenging grant of DHS motion to change venue because respondent had already retained local counsel and IJ did not provide reasonable opportunity to respond to motion. Special thanks to IRAC. (Matter of Khalatyan, 6/19/15)
BIA Reverses IJ for Requiring Submission of Dependency Petition
Unpublished BIA decision holds that the IJ erred in requiring submission of a state dependency petition needed to obtain Special Immigrant Juvenile (SIJ) status where it was undisputed that a hearing on the petition had been scheduled. Special thanks to IRAC. (Matter of A-O-V-V-, 6/19/15)
AILA Brief in Matter of Silva-Trevino on Use of Modified Categorical Approach
AILA amicus brief, responding to questions posed by the AG when he vacated the Silva-Trevino decision, urging the BIA to issue a precedent decision stating that the categorical approach and modified categorical approach establishes the methodology to determine whether a conviction is a CIMT.
CA7 Says BIA Erred in Imposing Standard Higher Than Preponderance of the Evidence
The court held that BIA erred when it denied petitioner a discretionary waiver available to petitioners who can show they entered a failed marriage in good faith, where petitioner testified that he had married for love, and the government submitted no evidence. (Hernandez v. Lynch, 6/18/15)
Statement by DHS Inspector General at House Hearing on Executive Actions
Statement by John Roth, Inspector General for DHS, at a 6/17/15 House hearing titled “A Review of the President’s Executive Actions on Immigration.” Testimony focused on the results of OIG’s audit of DHS’s use of prosecutorial discretion data.
BIA Says Returning LPR Cannot Be Charged with Inadmissibility Under INA §212(a)
The BIA held that an LPR returning to the U.S. cannot be regarded as seeking an admission and may not be charged with inadmissibility under INA §212(a) if he does not fall within any of the exceptions in INA §101(a)(13)(C). Matter of Pena, 26 I&N Dec. 613 (BIA 2015)
ICE FAQs on Prosecutorial Discretion and Enforcement Priorities
ICE FAQs relating to civil enforcement priorities and prosecutorial discretion, including steps to take when an individual detained in ICE custody or in removal proceedings believes that he is not an enforcement priority or that he is otherwise eligible for an exercise of prosecutorial discretion.
CA9 Finds Misdemeanor Conviction for Unlawful Laser Activity Not a CIMT
The court granted the petition for review, finding petitioner’s conviction for misdemeanor unlawful laser activity was not a categorical crime involving moral turpitude (CIMT), because the statute could be violated by conduct not equivalent to terrorizing threats. (Coquico v. Lynch, 6/17/15)
CA9 Says Petitioner Is Removable as an Aggravated Felon
The court held that clear and convincing evidence established petitioner pleaded to and was convicted of meth possession, due to his no contest plea under a CA statute to simple possession—a lesser included offense to Count 1 of the Information, sale of meth. (Ruiz-Vidal v. Lynch, 6/17/15)
BIA Reverses Denial of Continuance for Respondent Seeking SIJS
Unpublished BIA decision states that IJs should generally continue or administratively close proceedings to await adjudication of a pending state proceeding that could serve as a predicate order for Special Immigrant Juvenile (SIJ) status. Special thanks to IRAC. (Matter of J-S-P-, 6/17/15)
Change to Existing Regulation Concerning the Interest Rate Paid on Cash Deposited To Secure Immigration Bonds
DHS final rule amending its regulations addressing the payment of interest on cash bond deposits to explicitly provide that the Department of the Treasury will set the interest rate. Rule is effective 8/17/15. (80 FR 34239, 6/16/15)
CA6 Upholds BIA Finding Petitioner Failed to Rebut Presumption of Receipt of Notice
The court held BIA did not abuse its discretion in finding petitioner failed to rebut the presumption that he received a hearing notice the government mailed, where an immigration official transcribed a wrong address onto petitioner’s NTA, which petitioner signed. (Thompson v. Lynch, 6/12/15)
CA4 Finds Violation of Petitioner’s 4th Amendment Rights Not Egregious
The court denied the petition for review, holding that although ICE’s nighttime execution of a daytime warrant violated the petitioner’s Fourth Amendment rights, such violation was not egregious under the totality of the circumstances. (Yanez-Marquez v. Lynch, 6/16/15)
USCIS Provides DACA Renewal Tips
USCIS reminds stakeholders to request DACA renewal between 150 and 120 days before the expiration date listed on the current Form I-797 DACA approval notice and employment authorization document. Notice also includes filing tips for DACA renewals.
Supreme Court Says 5th Circuit Erred in Declining to Take Jurisdiction over Petitioner's Untimely Appeal
The Supreme Court held that the Fifth Circuit erred in holding that it lacked jurisdiction to review petitioner's request that the BIA equitably toll the 90-day deadline on his motion to reopen as a result of ineffective assistance of counsel. (Mata v. Lynch, 6/15/15)
EOIR Releases Data on Complaints Against Immigration Judges (FY2014)
EOIR released information on complaints against immigration judges, including the complaints received, the resolution of complaints received during FY2014, the basis of complaints, and the sources of complaints.
ICE Brochure on Priority Enforcement Program
ICE brochure on the Priority Enforcement Program (PEP), which enables DHS to work with state and local law enforcement to take custody of removable individuals convicted of an offense listed under the DHS civil immigration enforcement priorities or who poses a danger to public safety.
AILA: Need to End Family Detention Ever More Clear
AILA President Leslie A. Holman responded to news that some kids and moms are being released from detention, noting that “The tragic reality is that more than 2,000 children and mothers remain detained…Freedom for a few, while the nightmare continues for everyone else detained, is not sufficient.”
TRAC Report Finds Decline in Odds of Deportation in FY2015
A TRAC report found the odds that a noncitizen will be ordered deported by an IJ have fallen to 48.4% to date in FY2015, the lowest level since at least FY1998. The report also states that DHS is projected to cite criminal activity as the grounds for removal in only 11.1% of cases in FY2015.
TRAC Report Finds Criminal Immigration Convictions Have Dropped 20% Since FY2013
A TRAC report found there were 42,778 new immigration convictions during the first seven months of FY2015, which is on pace to make this the second year in a row that the number of criminal prosecutions for immigration offenses has declined.
BIA Holds Guilty Plea Before Special Court-Martial Qualifies as “Conviction” for Immigration Purposes
Unpublished BIA decision holds that a guilty plea before a special court-martial qualifies as a "conviction" for immigration purposes under Matter of Rivera-Valencia, 24 I&N Dec. 484, 486 (BIA 2008). Special thanks to IRAC. (Matter of Gourzong, 6/12/15)