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
BIA Precludes DHS From Relying on Unconstitutionally Obtained Evidence in Future Proceedings
Unpublished BIA decision terminates proceedings due to egregious Fourth Amendment violation, and states that DHS is precluded from presenting same evidence in any future proceedings. Special thanks to IRAC. (Matter of Pretzantizin, 3/9/15)
BIA Rescinds In Absentia Order for Respondent with Flat Tire
Unpublished BIA decision rescinds in absentia order for respondent who appeared at multiple prior hearings, was the beneficiary of an approved visa petition, and arrived late to hearing due to a flat tire. Special thanks to IRAC. (Matter of Vega-Vargas, 3/9/15)
Amicus Brief on Filing Deadlines When There is Ineffective Assistance of Counsel Claim
Amicus brief to the Supreme Court in Mata v. Holder in support of the petitioner, illustrating why filing a MTR based on an ineffective assistance of counsel claim can take a considerable length of time past the 90-day statutory filing deadline.
ICE Issues Alert on Scam Targeting Noncitizens
ICE alert that it has received information indicating a possible scam targeting non-citizens, by individuals claiming to work for ICE's Detention Reporting and Information Line (DRIL).
CA5 Says It Lacks Jurisdiction to Review BIA’s Denial to Reopen Sua Sponte
The court held that since BIA has discretion in deciding whether to reopen sua sponte, it lacked jurisdiction to review BIA’s denial of petitioner’s untimely MTR and his request that BIA equitably toll the filing deadline due to ineffective assistance of counsel. (Mata v. Holder, 3/5/14)
CA2 Defers to BIA’s Interpretation of “Crime of Child Abuse”
The court held that BIA’s interpretation of the phrase “crimes of child abuse” to include child‐endangerment crimes for which injury to a child is not a required element was a reasonable reading of a statutory ambiguity and entitled to Chevron deference. (Florez v. Holder, 3/4/15)
CA5 Defers to BIA’s Interpretation of Good Moral Character Requirements
The court upheld BIA’s determination that a petitioner cannot establish good moral character if he was incarcerated for 180 days or more and that the 10 years preceding the final administrative decision should be used for removal cancellation purposes. (Rodriguez-Avalos v. Holder, 3/4/15)
CA7 Upholds Denial of Continuance for Ex-Wife’s Testimony on I-751 Waiver
The court held BIA did not abuse discretion in denying continuance for petitioner’s ex-wife to testify in support of I-751 waiver, because he did not show the testimony would have been significantly favorable to him and a good-faith effort to obtain her appearance. (Bouras v. Holder, 3/4/15)
AILA Notes from SCOPS Teleconference (3/4/15)
AILA notes from a teleconference with SCOPS on 3/4/15. Topics include processing times, family unity applications and extensions, EADs pending over 90 days, new Form G-28, I-485 receipt notice language, green card production for consular processing cases, I-129s, and defensive asylum applications.
AILA: H.R 1148 Offers No Workable Solution to Serious, Long-Standing Problems with Immigration System
AILA statement for the House Judiciary Committee markup opposing H.R. 1148, the Michael Davis, Jr. in Honor of State and Local Law Enforcement Act.
AILA: H.R. 1149 Will Harm Vulnerable Child Victims of Violence
AILA statement for the House Judiciary Committee markup opposing H.R. 1149, the Protect the Children Act of 2015.
CA10 Says Young Males Recruited by Gangs in El Salvador Not a PSG
The court held that young El Salvadoran males threatened and actively recruited by gangs, who resist because they oppose the gangs, is not a particular social group (PSG), and that petitioner did not prove he was persecuted due to any membership in a PSG. (Rodas-Orellana v. Holder, 3/2/15)
CA11 Upholds BIA’s Frivolous Asylum Application Finding
The court upheld the BIA, finding that petitioner filed a frivolous asylum application, and that it lacked jurisdiction to consider claims that BIA denied her a sufficient opportunity to account for application discrepancies and violated her due process. (Indrawati v. Att’y Gen., 3/2/15)
Immigration Law Advisor, March 2015 (Vol. 9, No. 3)
Immigration Law Advisor, a legal publication from EOIR, with an article on deciphering the Lopez-Mendoza “identity statement rule”, as well as summaries of circuit court decisions for February 2015 and recent BIA precedent decisions.
EOIR Releases FY2014 Statistics Yearbook
EOIR’s FY2014 yearbook with data on cases before immigration courts, BIA, and OCAHO, as well as appeals of IJ decisions to the BIA. The data includes information on respondents’ cases by naturalization, language, and disposition, and provide detailed information surrounding asylum cases.
DOJ OIL March 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for March 2015, with articles on Maldonado v. Holder and Lenjinac v. Holder, as well as summaries of circuit court decisions for March 2015.
Referral Sheet for Three Board Member Review of a BIA Decision
Obtained via FOIA by Hoppock Law Firm, EOIR the referral sheet for three Board member review of a BIA decision. Special thanks to Matthew Hoppock.
ICE: 11/20/14 Enforcement Priorities Memo Is in Effect
AILA has received confirmation that ERO officers and OPLA attorneys have been instructed that the DACA/DAPA injunction has no impact on the 11/20/14 enforcement priorities memo and that ICE personnel are continuing to process individuals and litigate removal cases consistent with the memo.
H.R. 1148: Michael Davis, Jr. in Honor of State and Local Law Enforcement Act
On 2/27/15, Representative Gowdy (R-SC) introduced the Michael Davis, Jr. in Honor of State and Local Law Enforcement Act (H.R. 1148).
H.R. 1149: Protection of Children Act of 2015
On 2/27/15, Representative Carter (R-TX) introduced the Protection of Children Act of 2015 (H.R. 1149).
CA1 Says BIA Can Weigh Police Reports with Hearsay in Removal Proceedings
The court held there is no per se bar in considering police reports containing hearsay even though no conviction follows in discretionary relief removal proceedings. (Arias-Minaya v. Holder, 2/27/15)
BIA Orders Remand to Assess Ineffective Assistance Claim
Unpublished BIA decision orders remand for consideration of ineffective assistance claim in light of limited fact-finding ability on appeal. Special thanks to IRAC. (Matter of Salgado-Gutierrez, 2/27/15)
BIA Finds IJ Erred in Denying Continuance to Await Adjudication of U Visa
Unpublished BIA decision ordered further consideration of request for a continuance pending adjudication of U visa, where IJ did not discuss basis for DHS’s opposition or the possibility that respondent would be granted a waiver. Special thanks to IRAC. (Matter of Torres-de Santiago, 2/27/15)
BIA Reopens Sua Sponte in Light of Descamps
Unpublished BIA decision reopening proceedings sua sponte in light of assertion that respondent’s 1997 attempted burglary conviction no longer constitutes a removable offense under Descamps v. United States. Special thanks to IRAC. (Matter of Nwagbo, 2/27/15)
CA2 Says BIA Erred in Applying Modified Categorical Approach
The court remanded, holding that BIA erred in its application of the modified categorical approach in determining whether petitioner’s convictions for first-degree sexual abuse under NY law constituted aggravated felonies relating to the sexual abuse of a minor. (Flores v. Holder, 2/26/15)