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 Says Aggravated Felony Bar Applies to Conditional LPRs
The court held that an immigrant who is admitted as a lawful permanent resident on a conditional basis (“conditional LPR”) qualifies as “an alien lawfully admitted for permanent residence” for purposes of the aggravated felony bar under INA §212(h). (Paek v. Att’y Gen., 7/20/15)
IJ Finds Conviction for Threat to Kidnap or Injure a Person Not a CIMT
The IJ granted respondent's motion to terminate, finding that respondent's felony conviction for "Threat to Kidnap or Injure a Person" in violation of D.C. Code §22-1810 was neither a crime involving moral turpitude (CIMT) nor an aggravated felony crime of violence. Courtesy of Brian Murray.
ICE Provides Information on Settlement for Individuals Who Have Serious Mental Disorders and Have Been Ordered Removed
ICE provided notice of a partial settlement of the Franco-Gonzalez v. Holder class action lawsuit, which alleged that individuals in immigration detention who are incompetent to represent themselves because of a serious mental disorder are entitled to legal representation.
AILA Amicus Brief Opposing Prolonged Mandatory Detention
AILA amicus brief filed with the Eleventh Circuit opposing prolonged mandatory detention, and illustrating the real-life consequences of the government’s mandatory detention practices.
CA7 Says IJ Did Not Abuse Discretion by Denying Continuance
The court found that the IJ did not err by denying petitioner's motion for a continuance, where the IJ found that petitioner had ample time to get fingerprinted and submit a petition for relief, and gave no reason for his failure to comply with the deadlines to do so. (Giri v. Lynch, 7/17/15)
CA1 Denies Qualified Immunity to ICE Agents Who Issued Detainer Without Probable Cause
The court affirmed district court's denial of qualified immunity on plaintiff’s 4th Amendment claim against ICE agent and supervisors, because the law was clearly established in 2009 that an ICE agent must have probable cause to issue an immigration detainer. (Morales v. Chadbourne, 7/17/15)
BIA Finds Theft Offense Not Divisible in Light of Descamps
Unpublished BIA decision terminates removal proceedings of respondent who was convicted of theft under Maryland law and sentenced to a term of imprisonment of three years, holding that the offense was neither a categorical theft offense nor divisible. (Matter of Sama, 7/17/15)
TRAC Report Finds Representation Makes Fourteen-Fold Difference in Outcome in "Women with Children" Cases
A TRAC report found that the latest data tracking the processing of “women with children” cases showed that the odds of being allowed to remain in the United States increased by more than fourteen-fold when the women and children had legal representation in immigration court.
EOIR Announces that Chief Immigration Judge Is Stepping Down
EOIR announcement that Brian M. O’Leary is returning to the Arlington Immigration Court as an immigration judge. The agency will soon begin recruiting a new Chief Immigration Judge. In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge.
AILA Quicktake #131: USCIS Retrieving Erroneously Issued 3-Year DACA EADs
AILA President Victor Nieblas Pradis discusses USCIS's recently issued letters to some DACA recipients requiring them to return their three-year Employment Authorization Documents (EADs) that are being retrieved after an injunction in Texas v. United States.
BIA Holds Voluntary Departure Terminated Upon Filing of Motion to Withdraw Request
Unpublished BIA decision denies as moot a motion to withdraw grant of voluntary departure, stating that voluntary departure was automatically terminated upon the filing of the motion. Special thanks to IRAC. (Matter of Macario, 7/15/15)
Written Testimony by DHS Secretary at House Judiciary Hearing
Written testimony of DHS Secretary Jeh Johnson for House Committee on the Judiciary hearing titled “Oversight of the U.S. Department of Homeland Security on 7/14/15. Johnson discussed border security, family detention, and executive actions.
GAO Report on Actions Needed to Ensure UACs Receive Required Care in DHS Custody
A GAO report on DHS policies and procedures to screen and care for all unaccompanied alien children (UACs) as required. The GAO recommends, among other things, that DHS provide guidance on screening criteria and document the interagency process to transfer UACs from DHS to HHS.
CA1 Says Court May Consider Administrative Actions in Other Proceedings in Mootness Claim
The court held that a court may consider administrative actions in other proceedings to resolve a colorable claim of mootness for a petition for judicial review, and remanded to see if revocation of petitioner's VAWA petition rendered the petition for review moot. (Manguriu v. Lynch, 7/14/15)
IJ Finds that “Ordinary Case” Standard Has Been Abrogated by Johnson
The IJ found that the Supreme Court in Johnson abrogated the “ordinary case” standard in BIA’s Matter of Francisco-Alonzo, and that courts should use the Moncrieffe categorical approach in analyzing crimes of violence under 18 USC §16(b). Courtesy of Brian Blackford.
Release of Refugee Families is Long-Overdue Step
The American Immigration Lawyers Association (AILA) and the American Immigration Council welcome plans announced by Immigration and Customs Enforcement (ICE) for the release of some mothers and children detained after seeking refuge at our borders with the following statement.
IJ Finds Georgia Shoplifting Convictions Are Not CIMT
In an unpublished decision, the IJ found respondent’s two Georgia convictions of theft by shoplifting are categorically not crimes involving moral turpitude (CIMT) and are not aggravated felonies, thus terminated removal proceedings. Courtesy of Eli Echols.
ICE Announcement on Detention of Mothers and Children
ICE provided additional information regarding the release of mothers and children from family detention. AILA expects a formal announcement from DHS tomorrow and will update AILA.org as information is available.
AILA Amicus Committee Looking for Adam Walsh Act Cases at BIA
The AILA Amicus Committee is looking for Adam Walsh Act Cases at the BIA that deal with U.S. citizen petitioners whose alleged AWA qualifying crimes were handled under a deferred adjudication scheme, or were expunged pursuant to a rehabilitative statute. Please send your cases by August 1, 2015.
Sign-on Letter to Stop Streamline Prosecution of Asylum-Seekers
On 7/10/15, AILA joined refugee, faith, and human rights organizations in a sign-on letter to DHS Secretary Johnson and Attorney General Lynch to end prosecution for illegal entry and reentry of individuals seeking asylum in the U.S.
BIA Rescinds In Absentia Order Because Hearing Notice Listed Wrong Courtroom
Unpublished BIA decision rescinds in absentia order because hearing notice mistakenly stated that the hearing would take place in the IJ’s prior courtroom. Special thanks to IRAC. (Matter of Hernandez, 7/10/15)
BIA Holds Respondent Who Arrived 30 Minutes Late Did Not Fail to Appear for Hearing
Unpublished BIA decision rescinds in absentia order upon finding respondent’s arrival 30 minutes after start of hearing did not constitute a failure to appear. Special thanks to IRAC. (Matter of Cortez-Talavera, 7/10/15)
CA9 Says Kwan Can Be Applied Retroactively to Petitioner's IAC Claims
The court held that Kwan both survives Padilla and did not establish a new rule of criminal procedure under Teague, and that Kwan could be applied retroactively to support petitioner’s ineffective assistance of counsel (IAC) claim. (United States v. Chan, 7/9/15)
AILA Quicktake #130: Appearance Rates for Families and Children
American Immigration Council's Director of Policy Beth Werlin offers accurate data on family and children appearance rates after the Center for Immigration Studies and Fox News got it wrong and explains why lawyers are so important in improving appearance rates.
The Real Alternatives to Family Detention
The vast majority of detained families are bona fide asylum seekers under U.S. law. There is no humane way to detain families. Until family detention finally comes to an end alternatives to detention should be used.