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
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)
VOICE: March 2015
In the March 2015 VOICE, learn about pursuing one-parent SIJS, assuaging clients’ fears about DAPA, resisting the pressure to reduce your fees, preparing clients for marriage interviews, challenging improper G-28 rejections, and more!
AILA Quicktake #121: The Latest on Executive Action Litigation
In this Quicktake, Beth Werlin, Director of Policy at the American Immigration Council, joins to discuss the latest with the litigation in Texas on expanded DACA and DAPA.
BIA Rescinds In Absentia Order Due to Deficiency in Hearing Notice
Unpublished BIA decision rescinds the in absentia order, because the hearing notice did not state that it was mailed to the address listed in the Notice to Appear. Special thanks to IRAC. (Matter of Nunez, 2/25/14)
Letter to Senate Opposing S. 534 Introduced by Senator Collins
A 2/24/15 letter from AILA to the Senate expressing opposition to the Immigration Rule of Law Act of 2015 (S. 534) introduced by Senator Collins.
AAO Sustains Form I-212 Appeal After Expedited Removal
In an non-precedent decision, the AAO sustained an appeal of a Form I-212, finding that although applicant was removed in 2012 for being an intending immigrant, there is no indication she misrepresented her intentions or willfully violated her earlier admission. Courtesy of Carolyn Choi.
CA9 Upholds MTR Denial Where Plausibility of Cancellation Claim Not Shown
The court held that BIA did not abuse its discretion in refusing to reopen petitioner’s case due to ineffective assistance, because petitioner failed to make the necessary threshold showing that his claim for cancellation of removal was plausible. (Martinez-Hernandez v. Holder, 2/24/15)
CA10 Joins Other Circuits on Eligibility of 212(h) Waiver for Individuals Who Adjust Status
The court concluded that only persons who obtained LPR status before or when they entered the U.S. are barred from seeking a waiver under § 212(h) which renders them ineligible for waivers of inadmissibility those convicted of an aggravated felony. (Medina-Rosales v. Holder, 2/24/15)
CA7 Denies Asylum for Petitioner Who Made False Statements on Application
The court found IJ’s denial of petitioner’s asylum claim supported by the evidence, as she admitted to making false statements on her first asylum application and offered no documentary evidence or other corroboration for her revised asylum request. (Keirkhavash v. Holder, 2/23/15)
S. 534: Immigration Rule of Law Act of 2015
On 2/23/15, Senator Collins (R-ME) introduced the Immigration Rule of Law Act of 2015.
AILA Quicktake #116: UPDATED - Injunction Delays President Obama's Executive Actions
AILA President Leslie Holman discusses U.S. District Court Judge Hanen decision to issue an injunction against President Obama's proposed immigration executive actions that would expand DACA and create DAPA.
Emergency Expedited Motion to Stay Expanded DACA/DAPA Preliminary Injunction
The federal government filed an emergency expedited motion on the preliminary injunction entered on 2/16/15 concerning expanded DACA and DAPA, requesting that the court stay, pending appeal, its 2/16/15 Order, or in the alternative, stay its Order beyond application in Texas.
AILA Quicktake #117: Judicial Victory Protects Central American Mothers and Children
American Immigration Council's Legal Director Melissa Crow shares details of a U.S. District Judge's decision to enjoin the federal government from detaining Central American mothers and children for the purpose of deterring future immigration.
District Court Grants Preliminary Injunction and Class Certification in Detention Case
The court certified as a class Central American mothers and kids who are/will be found to have credible fear and are eligible for release, and granted a preliminary injunction to prevent DHS from the detaining class members to deter future immigration. (R.I.L-R, et al., v. Johnson, 2/20/15)
AILA: Judicial Victory for Detained Asylum Seekers
AILA President Leslie A. Holman welcomed the decision by federal judge James Boasberg who “took a huge step in protecting Central American mothers and children who have made out strong claims for asylum in preliminary hearings with federal asylum officers.”
CA5 Denies Petition for Review, Finding Persecution Not Politically Motivated
In a nonprecedential decision, the court found that substantial evidence supported the IJ and BIA’s conclusion that any past harm petitioner suffered at the hands of the Guinea government was not on account of an imputed political opinion. (Diallo v. Holder, 2/20/15)
CA8 Upholds BIA’s Denial of MTR for El Salvadoran Citizen
In an unpublished decision, the court found petitioner did not rebut the strong presumption that the hearing notice was delivered to him by certified mail, and he failed to present any previously unavailable evidence of changed country conditions. (Guevara-Ascencio v. Holder, 2/20/15)
BIA Splits on Requirements for Receipt of Stolen Property
Over dissenting opinion, unpublished BIA decision holds that receipt of stolen property under Fla. Stat. 812.019(1) is an aggravated felony, even though defendants need not know the property in question was stolen. Special thanks to IRAC. (Matter of Rios, 2/20/15)
TRAC Report Finds Prosecutors Continue to Use Discretion in Closing Immigration Court Cases
The Transactional Records Access Clearinghouse (TRAC) found that during January and February 2015, 8.3% of all Immigration Court completions were prosecutorial discretion (PD) closures (compared to an average of 6.7% since FY2012) and that usage of PD varies widely depending on the hearing location.
CA5 Finds Petitioner Did Not Demonstrate Past Persecution from FARC
In a nonprecedential decision, the court denied the petition for review, finding that because petitioner did not show the government of Columbia is working with, or unable or unwilling to control FARC, the evidence did not compel a finding of past persecution. (Villacis v. Holder, 2/19/15)
BIA Holds Kentucky Fourth Degree Assault Not a CIMT
Unpublished BIA decision finds fourth degree assault under Kent. Rev. Stat. 508.030(1)(a) is not a CIMT, because the statute applies to reckless conduct and is not accompanied by aggravated factors. Special thanks to IRAC. (Matter of Trinh, 2/19/15)
TRAC Report Finds Representation is Key in Immigration Proceedings Involving Women with Children
A TRAC report on the processing of “women with children” cases by the Immigration Court, finding that deportation was ordered for 98.5% of the women with children who did not have legal representation. Of the 475 cases where an attorney was present, 26.3% have been allowed to stay.
BIA Remands Record Sua Sponte to Consider Derivative Citizenship Claim
Unpublished BIA decision remands record sua sponte to consider whether LPR who previously served in U.S. Air Force derived citizenship from either of his parents. Special thanks to IRAC. (Matter of Scarry, 2/18/15)
AILA: Texas Judge Made the Wrong Call; Executive Action will be Upheld and Implemented
AILA President Leslie A. Holman responded to the decision by Texas federal judge Andrew Hanen to temporarily halt President Obama’s Deferred Action for Parents of Citizens and Lawful Permanent Residents (DAPA) and the expansion of the Deferred Action for Childhood Arrivals (DACA) initiative.
White House Statement on State of Texas v. U.S.A
Statement by the White House on district court preliminary injunction on lawsuit challenging expanded DACA and DAPA, stating that the “decision wrongly prevents these lawful, commonsense policies from taking effect and the Department of Justice has indicated that it will appeal that decision.”