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
DHS Statement on District Court Ruling Concerning DAPA and Expanded DACA
DHS statement on the district court decision to temporarily enjoin the implementation of DAPA and expanded DACA. DHS will not begin accepting requests for the expansion of DACA on 2/18/15, as originally planned. Until further notice, DHS has also suspended the plan to accept requests for DAPA.
District Court Grants Preliminary Injunction in Lawsuit Challenging DAPA and DACA Expansion
A federal district court in Texas granted a preliminary injunction temporarily blocking the implementation of DAPA and the expansion of DACA in a lawsuit brought by 26 states. (State of Texas, et al v. U.S.A, 2/16/15)
CA1 Dismisses Petition for Judicial Review for Want of Jurisdiction
The court dismissed the petition for judicial review, finding “no hint of any cognizable constitutional claim or question of law” with regards to the IJ’s handing of his NACARA claim or the denial of his asylum and/or withholding of removal case. (Ramirez-Matias v. Holder, 2/13/15)
CA9 Remands Where Conviction Was Enhanced for Sentencing for Gang Activity
The court granted the petition for review, holding that petitioner’s conviction for weapons possession, when enhanced for sentencing purposes by a gang activity conviction, did not constitute a categorical crime involving moral turpitude. (Hernandez-Gonzalez v. Holder, 2/13/15)
CA7 Remands for Consideration of Availability of Corroborating Evidence
The court found the BIA did not adequately consider whether additional corroborating evidence confirming attacks against Zimbabwean petitioner was not reasonably available. (Sibanda v. Holder, 2/13/15)
NSC Liaison Q&As from Asylum/Refugee Issues Teleconference
The NSC Liaison Committee’s unofficial Q&As from the 2/12/15 stakeholder teleconference on refugee and asylum issues with NSC. Topics include document production, I-730s, defensive asylum applications, medical exams, G-28s, NCSC, and TRIG holds.
BIA Finds Chairez Only Applies if There Is No Contrary Authority in Relevant Circuit
The BIA remands to the IJ, finding that because the Tenth Circuit has taken an approach to divisibility different from that adopted in Matter of Chairez, the law of the Tenth Circuit must be followed in that circuit. Matter of Chairez-Castrejon, 26 I&N Dec. 478 (BIA 2015)
BIA on Definition of Legitimated Child
The BIA finds that a person born out of wedlock may qualify as a legitimated “child” if she was born in or had a residence in a country or State that eliminated all legal distinctions between children based on the marital status of their parents. Matter of Cross, 26 I&N Dec. 485 (BIA 2015)
BIA Holds Maryland Consolidated Theft Statute Not an Aggravated Felony
Unpublished BIA decision holds Md. Crim. Law, Code Ann. 7-104 is categorically not an aggravated felony "theft offense" because it encompasses fraudulent takings with the consent of the owner, and because the statute is not divisible. Special thanks to IRAC. (Matter of Stewart, 2/11/15)
BIA Remands Proceedings for Reconsideration of Possibility of Internal Relocation
Unpublished BIA decision finding remand is warranted for the IJ to reconsider the issue of internal relocation, finding DHS must establish by a preponderance of the evidence that relocation is reasonable under the circumstances. Courtesy of Charles Spector.
CA10 on When a Reinstatement Order is Final
The court held where an alien pursues reasonable fear proceedings following reinstatement of a prior removal order, the reinstated order is not final until the reasonable fear proceedings are complete. (Luna-Garcia v. Holder, 2/10/15)
Amicus Alert: Luna-Garcia on When a Reinstatement Order is Considered Final
Amicus alert on the Tenth Circuit’s recent decision in Luna-Garcia v. Holder, in which the court held that where an alien pursues reasonable fear proceedings following reinstatement of a prior removal order, the reinstated order is not final until the reasonable fear proceedings are complete.
BIA Remands After Submission of Signed Law Enforcement Certification on Appeal
Unpublished BIA decision remands for further consideration of request for continuance after submission on appeal of signed law enforcement certification, Form I-918 Supplement B, indicating prima facie eligibility for a U visa. Special thanks to IRAC. (Matter of Dimas-Lopez, 2/10/15)
Examining the UAC-DACA Link: New Data Show Child Migrant Crisis Began Before DACA
A report from the Niskanen Center examines the link between unaccompanied alien children (UACs) and Deferred Action for Childhood Arrivals (DACA), finding that the increase in UACs began before DACA was even announced in June 2012.
BIA Finds Attorney Provided Ineffective Assistance of Counsel in Numerous Ways
Unpublished BIA decision finds prior attorney provided ineffective assistance by failing to advise respondent of need to submit updated medical examination and by saying IJ would arrest her if she did not accept voluntary departure. Special thanks to IRAC. (Matter of Arrendono, 2/9/15)
CBP Releases Instructions for Individuals in CBP Custody Contrary to Updated DHS Enforcement Priorities
CBP provided information for individuals in CBP custody contrary to the DHS enforcement priorities released on 11/20/14.
BIA Finds Signing of Form I-407 Does Not Automatically Abandon LPR Status
Unpublished BIA decision vacates IJ decision finding respondent intended to abandon LPR status by signing Form I-407 and remands to consider issue under totality of the circumstances. Special thanks to IRAC. (Matter of Persaud, 2/6/15)
DHS Notice on Providing Executive Action Feedback
DHS provided a notice with links to the public feedback mechanisms for questions about the new DHS enforcement priorities, the expanded deferred action programs, or if an individual believes they are eligible for one of the new initiatives.
DHS OIG Report on ICE Alternatives to Detention
DHS OIG issued a report on the ICE Intensive Supervision Appearance Program and provided five recommendations aimed at improving ICE’s management of its alien release decisions and terms of release.
USCIS Executive Summary from DACA Expansion Teleconference
USCIS executive summary from the 1/13/15 teleconference discussing the expansion of DACA.
BIA Remands After Submission of Divorce Certificate on Appeal
Unpublished BIA decision remands record for consideration of waiver under INA 216(c)(4)(A) in light of submission on appeal of divorce certificate that prior attorney erroneously said did not exist. Special thanks to IRAC. (Matter of Cubero, 2/4/15)
BIA Takes Administrative Notice of Information in Internal CASE Database
Unpublished BIA decision reopens proceedings sua sponte after taking administrative notice of record in internal CASE database that respondent appeared at immigration court window on date of hearing and received an in absentia order. Special thanks to IRAC. (Matter of Salcido-Rocha, 2/4/15)
House Judiciary Hearing on Enforcing Nation’s Immigration Laws
A 2/3/15 hearing in the House Judiciary Committee on, “Examining the Adequacy and Enforcement of Our Nation’s Immigration Laws."
CRS Report on Foreign National Removals and Returns
A Congressional Research Service report on the removal process for a foreign national, including reasons for removal, alternative forms of removal (returns), statistics, and relief from removal.
CRCL Newsletter, February 2015 (Vol. 5, No. 5)
The Office for Civil Rights and Civil Liberties (CRCL) released its February 2015 newsletter, which included articles on the DHS FY2016 budget, CRCL’s role in executive actions, CRCL monitoring of conditions at family detention centers, E-Verify videos, and more.