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
CA9 Denies Petition for Panel Rehearing Following Sua Sponte Call
The court denied the petition for panel rehearing, following a sua sponte call for a vote on rehearing the case en banc made by an active judge of the court. (Rendon v. Holder, 4/2/15)
DOJ OIL April 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for April 2015, with an article on the vacatur of Matter of Silva-Trevino and on Ortiz-Franco v. Holder, as well as summaries of circuit court decisions for April 2015 and updates from DHS.
CA2 Says Jurisdictional Limits Apply in Denial of CAT Deferral of Removal
The court held it lacked jurisdiction to hear petitioner's CAT claim, finding that when an otherwise removable petitioner seeks review of his CAT claim, the court's review is limited to questions of law and constitutional claims. (Ortiz-Franco v. Holder, 4/1/15)
CA7 Grants Petition for Review for Ineffective Assistance of Counsel Claim
The court held BIA abused its discretion by ignoring a potentially meritorious argument when deciding a motion to reopen, and BIA should determine if petitioner’s attorneys incompetently neglected to offer evidence that might have resolved inconsistencies. (Chen v. Holder, 4/1/15)
BIA Finds Group of Bandits Not a Tier III Terrorist Organization
Unpublished BIA decision finds group of bandits to whom respondent provided domestic services was not a Tier III terrorist organization, because they were motivated by personal monetary gain. Special thanks to IRAC. (Matter of J-F-L-K-, 3/31/15)
Immigrants’ Rights Groups Announce Plans to Provide Pro Bono Legal Services to Children and Their Mothers Detained in Texas
AILA joins CLINIC, the American Immigration Council, and RAICES in a new collective project known as CARA to provide legal services to children and their mothers detained in Karnes City and Dilley, Texas, and to advocate for the end of family detention.
USCIS Asylum Statistics from Family Detention Facilities for FY2015, Second Quarter
USCIS Asylum Division statistics on credible and reasonable fear interviews conducted in family detention facilities: Artesia, Berks, Dilley, and Karnes, from the second quarter of FY2015.
BIA Holds North Carolina Cocaine Trafficking Statute Is Not an Aggravated Felony
Unpublished BIA decision holds trafficking in cocaine under N.C.G.S. §90-95(h)(3) is categorically not an aggravated felony, and upholds grant of LPR cancellation for respondent arrested with 400 grams of cocaine. Special thanks to IRAC. (Matter of V-M-B-B-, 3/27/15)
CA9 Reverses Denial of CAT Relief Based on Internal Relocation Regulations
The en banc court held that neither petitioner nor government bear the burden of proof as to internal relocation, rather such evidence, if relevant, must be considered in assessing whether it is more likely than not that petitioner would be tortured if removed. (Maldonado v. Holder, 3/27/15)
CA7 Denies PTR Where Petition Was Focused Only on Underlying Denial
The court denied petition to review, because petition focused only on the underlying denial of his application for asylum and withholding, a ruling not properly before the court, and petitioner did not argue that the denial of his motion to reconsider was erroneous. (He v. Holder, 3/27/15)
ICE Instructions for Seeking Prosecutorial Discretion under 2014 Executive Action
ICE instructions for individuals seeking prosecutorial discretion (PD) under the 11/20/14 enforcement priorities memo, including info for individuals with removal orders, individuals in proceedings before EOIR, reconsideration of prior PD decisions, and PD requests that should be directed to ERO.
CA3 Upholds Finding That Sexual Orientation Was Not Central to Persecution
The court denied withholding of removal to a gay Honduran national who feared torture and death by an infamous gang, ruling that the gang was interested in petitioner’s money and recruitment potential and not in harming him because of his homosexuality. (Gonzalez-Posadas v. Holder, 3/26/15)
AILA Vote Recommendations to the Senate Budget Resolution
AILA urged Senators to vote against immigration amendments to the budget resolution that would present no solution on immigration, require unnecessary/excessive spending on border security, and interfere with Executive Branch’s clear legal authority to implement reforms to the immigration system.
VOICE: April 2015
In the April 2015 VOICE, learn about the debate in the courts regarding the H-2B program, the positive impact that your participation in National Day of Action can make on immigration reform, librarians providing limited legal services as BIA-accredited representatives, and more!
USCIS Alert on Workload Transfer Within Service Center Operations
USCIS alert that effective 3/27/15, USCIS will transfer the adjudication of some cases to balance the overall workload. The affected cases include those filed with the following forms: I-129F, I-140, I-485, I-821D/I-765. The filing location and instructions for these forms will not change.
BIA Holds Possession of Marijuana with Intent to Deliver in North Carolina Is Not an Aggravated Felony
Unpublished BIA decision holds possession of marijuana with intent to deliver under North Carolina statute is not an aggravated felony, because it criminalizes the transfer of five grams of marijuana for no remuneration. Special thanks to IRAC. (Matter of Garcia Olvera, 3/25/15)
EOIR Releases Memo on UAC and Family Docketing Practices
EOIR memo with updated docketing practices related to unaccompanied children cases and adults with children released on alternatives to detention cases in light of new priorities. This memo supersedes the 9/10/14 Docketing Practices memo.
BIA Says Bond Redetermination Rules are Mandatory, Not Jurisdictional
The BIA held that 8 CFR §1003.19(c) relates to venue and thus, the IJ erred in dismissing Respondent’s bond redetermination request for lack of jurisdiction when he was transferred to a detention center outside the court’s jurisdiction. Matter of Cerda Reyes, 26 I&N Dec. 528 (BIA 2015)
CA10 Finds Petitioner Was Subject to Mandatory Detention
The court denied the petition for review, finding petitioner was not entitled to a bond hearing due to the BIA’s interpretation of §236(c) and because the government had a continued duty to impose detention even if it failed to detain him in a timely manner. (Olmos v. Holder, 3/24/15)
FOIA Results from Request Regarding Stewart Immigration Court
FOIA results from a request for information regarding the Stewart Immigration Court in Lumpkin, Georgia. Special thanks to the South Florida AILA Chapter.
Statement by ICE Director Saldana Clarifying Testimony on Secure Communities
Statement by ICE Director Sarah Saldana stating that she supports the end of the Secure Communities program and the replacement of it with a new Priority Enforcement Program.
BIA Holds Advance Parole Form Is Not Valid Entry Document
Unpublished BIA decision holds Form I-512L (Authorization for Parole of an Alien Into the United States) is not a "valid entry document" under INA §212(a)(7)(A)(i)(I). Special thanks to IRAC. (Matter of Abraham, 3/19/15)
BIA Reverses Finding of Inadmissibility for Alien Smuggling
Unpublished BIA decision finds respondent was not inadmissible for alien smuggling based on his conviction under INA §274(a)(1)(A)(ii), because the criminal statute requires a mens rea of recklessness rather than actual knowledge. Special thanks to IRAC. (Matter of Martinez, 3/19/15)
DHS Releases a Privacy Impact Assessment on ICE’s Use of License Plate Readers
DHS released a privacy impact assessment on how ICE’s intends to procure the services and use of information obtained from license plate readers (LPRs) as an investigatory tool in support of its criminal investigations and civil immigration enforcement actions.
BIA Finds IJ Should Consider Explanation for Absence of Evidence But Is Not Required to Identify Specific Evidence Needed
The BIA found that an IJ is not required to identify the specific evidence necessary to meet the burden of proof or to provide an automatic continuance for applicant to obtain that evidence prior to making a decision on that application. Matter of L-A-C-, 26 I&N Dec. 516 (BIA 2015)