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
CA3 Finds There Is No Duress Exception to the Material Support Bar
The court upheld the BIA’s denial of petitioner’s asylum application, finding that voluntary as well as involuntary material support, even when provided under threat of death, bars an immigrant from receiving asylum or withholding of removal. Amended on 6/1/15. (Sesay v. Att’y Gen., 5/26/15)
CA9 Says Application of U.S. Immigration Laws Was Not Impermissibly Retroactive
The court held U.S. immigration laws could properly be applied to petitioner within the Commonwealth of Northern Mariana Islands, even though he entered the territory, committed the crime, and was convicted before U.S. immigration laws were extended to the CNMI. (Mtoched v. Lynch, 5/22/15)
CA2 Upholds BIA’s Determination That Incomplete NTA Can Still Trigger Stop-Time Rule
The court denied the petition for review, holding that BIA’s determination that a notice to appear need not include the date and time of the initial hearing to trigger the stop‐time rule is a permissible construction of the INA and thus entitled to deference. (Guaman-Yuqui v. Lynch, 5/19/15)
House Members Hold Press Conference to #EndFamilyDetention (5/21/15)
Members of the House held a press conference to demand that DHS end family detention. Watch video of this moving and impactful press conference.
CA5 Says Wave-Through at Port of Entry Is an “Admission in Any Status”
The court reversed, holding that a wave-through at a port of entry is an "admission in any status" under §1229b(a)(2), and that petitioner, an LPR, was thus eligible for cancellation of removal relief. (Tula-Rubio v. Lynch, 5/21/15)
BIA Rescinds in Absentia Order Against Respondent Who Moved Prior to Mailing of NTA
Unpublished BIA decision reopens proceedings in light of evidence that the respondent moved prior to the mailing of the Notice to Appear and thus was not notified of his obligation to inform the immigration court of any change of address. Special thanks to IRAC. (Matter of Zapata, 5/21/15)
CA9 Says Grand Theft Conviction in California Not a Categorical Aggravated Felony
The court held that the petitioner’s grand theft offense was not a categorical aggravated felony under California Penal Code §487(a), and that his waiver of his right to appeal to the BIA was not considered and intelligent. (Garcia v. Lynch, 5/20/15)
EOIR Announces New Office of Legislative and Public Affairs Staff
EOIR notice announcing the hiring of two new personnel in the Office of Legislative and Public Affairs (OLPA). Nathan Berkeley joins the OLPA at Headquarters as the first outreach director and LaFondra Lynch will serve in Atlanta as the agency’s first regional public information officer (PIO).
BIA Upholds Grant of Cancellation of Removal Despite Inconclusive Record of Conviction
Unpublished BIA decision holds inconclusive record of conviction does not preclude a respondent from establishing eligibility for cancellation of removal under the U.S. Supreme Court’s decision in Moncrieffe v. Holder. Special thanks to IRAC. (Matter of E-H-, 5/20/15)
CA8 Says It Lacks Jurisdiction to Review Hardship Claim
The court denied the petition for review, holding that it lacked jurisdiction to review the BIA’s discretionary decision to deny petitioner’s claim of exceptional and extremely unusual hardship to his son. (Salas-Caballero v. Lynch, 5/20/15)
CA9 Says ICE Detention May Be Credited Toward Criminal Sentence
The court reversed, finding that if ICE detains an immigrant during a period of potential criminal prosecution, then he or she is subsequently entitled to credit toward a criminal sentence in accordance with the meaning of “official detention” under 18 USC §3585(b). (Zavala v. Ives, 5/18/15)
BIA Finds Adjustment of Status Is an Admission for Fraud Waiver Eligibility Purposes
The BIA held that adjustment of status constitutes an admission for purposes of determining an immigrant’s eligibility to apply for a waiver under §237(a)(1)(H) of the INA. Matter of Agour, 26 I&N Dec. 566 (BIA 2015)
CA5 Holds “Sole Legal Custody” Required Only in Cases with Joint Custody Order
The court held that BIA misinterpreted the reach of Bustamante-Barrera v. Gonzales, which requires “sole legal custody” only when an alien minor’s parents have a joint custody order following divorce or judicial separation. (Kamara v. Lynch, 5/18/15)
Senator Reid Statement On Administration’s Decision To Review Family Detention Policies
On 5/15/15, Senator Harry Reid (D-NV) reacted to the ICE family detention announcement, stating “…the proposed reforms are not enough. Ending family detention is the only answer. Detaining mothers and their children who are fleeing extreme poverty, persecution, abuse and violence is unacceptable...”
Congressman Adam Smith Statement on Family Detention
On 5/15/15, Representative Adam Smith (D-WA) reacted to the ICE family detention statement, stating “We need to get out of the business of detaining children and their mothers.”
AILA Offers Reality Check on ICE Family Detention Announcement
This document highlights the key aspects of the new plans by Immigration and Customs Enforcement for “enhanced oversight for family residential centers,” and points out the difference between what ICE says and what AILA knows from our ongoing efforts to end family detention.
TRAC Report Finds Immigration Court Backlog Reaches New All-Time High
A TRAC report found that the number of new cases awaiting resolution before the Immigration Courts climbed to a new all-time high of 445,607 as of the end of April 2015. The backlog has risen 9.2% since the start of FY2015 and is 29.5% higher than it was at the beginning of FY2014.
AILA NBC Liaison Committee Meeting Minutes (5/15/15)
Meeting minutes from the AILA NBC Liaison Committee’s meeting with the National Benefits Center on 5/15/15. Topics included: ELIS, Affidavits of Support, I-485 and I-130 processing times, issues with transfer notices, RFEs, I-601A provisional waivers, advance parole, and adjustment of status.
BIA Orders Consideration of Competency to Understand Warnings in NTA
Unpublished BIA decision reopens proceedings sua sponte to consider evidence suggesting respondent lacked sufficient mental competency to understand advisals in Notice to Appear regarding his duty to notify the court of any change of address. Special thanks to IRAC. (Matter of Lall, 5/15/15)
Senator Menendez Responds to ICE Family Detention Announcement
On 5/14/15, Senator Bob Menendez (D-NJ) issued a statement in reaction to ICE’s family detention announcement, stating “The Administration’s efforts simply do not go far enough and are an unacceptable response to adequately address the grave concerns of detaining women and children.”
AILA: Little Meaningful Change in ICE Announcement on Family Detention
AILA President Leslie A. Holman responded to the announcement of plans by Immigration and Customs Enforcement (ICE) for “enhanced oversight for family residential centers” saying the plans do “almost nothing to address the fundamental issue that there is no humane way to detain families.”
AILA Quicktake #126: ICE Announcement on Family Detention
AILA's Director of Advocacy Greg Chen discusses Immigration and Customs Enforcement's (ICE) announcement of plans for “enhanced oversight for family residential centers.”
CA5 Says Bivens Actions Not Available for Claims That Can Be Addressed in Civil Immigration Removal Proceedings
The court held that the plaintiffs, undocumented immigrants who were involved in civil immigration enforcement actions, could not pursue Bivens claims against CBP agents for illegally stopping and detaining them. (De La Paz v. Coy, 5/14/15)
BIA Finds IJ Made Erroneous Factual Findings Regarding Motion to Suppress
Unpublished BIA decision orders further consideration of respondent’s motion to suppress, because the IJ made clearly erroneous factual findings regarding whether ICE agents possessed a warrant or were given consent to enter his home. Special thanks to IRAC. (Matter of Leiva, 5/14/15)
BIA Remands Petitioner’s Asylum Claim in Light of Recent PSG Decisions
Unpublished BIA decision finding remand is warranted for the IJ to reconsider the issue of whether the petitioner, who was abused as a child by her mother’s live-in boyfriend, was harmed on account of her membership in a particular social group (PSG). Courtesy of Diana M. Bailey.