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 Deems Application Submitted by Fax Abandoned
Unpublished BIA decision finds respondent abandoned request for 211(b) waiver because his attorney improperly filed Form I-193 by fax with the immigration court rather than as a paper submission. Special thanks to IRAC. (Matter of Gumbs, 1/13/15)
CA4 Says 4/30/01 Deadline in §245(i) Is Not Subject to Equitable Tolling
The court agreed with the BIA and the Ninth Circuit that the 4/30/01 deadline imposed on INA §245(i) operates as a statute of repose that is not subject to equitable tolling. (Prasad v. Holder, 1/12/15)
BIA Finds Unlawful Intercourse with a Minor Under California Penal Code Is an Aggravated Felony
The court concluded that the crime of unlawful intercourse with a minor in violation of California Penal Code §261.5(c) categorically constitutes “sexual abuse of a minor” and is an aggravated felony under INA §101(a)(43)(A). Matter of Esquivel-Quintana, 26 I&N Dec. 469 (BIA 2015)
BIA Finds Reckless Conduct under Texas Penal Code is CIMT
The BIA held that the offense of deadly conduct under the Texas Penal Code § 22.05(a), which punishes a person who “recklessly engages in conduct that places another in imminent danger of serious bodily injury,” is categorically a CIMT. Matter of O.A. Hernandez, 26 I&N, Dec. 464 (BIA 2014)
CA8 Holds Substantial Evidence Supports IJ’s Adverse Credibility Determination
The court denied the petition to review the asylum, withholding, and CAT denials, finding that the Somali petitioner’s inconsistent testimony and lack of corroborating evidence provided substantial evidence to support the IJ’s adverse credibility determination. (Ali v. Holder, 1/8/15)
USCIS Fliers on Executive Actions on Immigration
USCIS fliers warning potential applicants to avoid scams relating to executive actions on immigration, not to submit requests until new initiatives are available, and providing eligibility requirements for expanded DACA and DAPA. Fliers are available in English, Korean, Spanish, and Vietnamese.
CA2 Finds Waiver Available to LPR Who Adjusted Status
The court found petitioner, an LPR who initially entered lawfully without LPR status, is eligible to seek a §212(h) waiver because he is unambiguously not "an alien who has previously been admitted to the U.S. as an alien lawfully admitted for permanent residence." (Husic v. Holder, 1/8/15)
VOICE: January 2015
In the January 2015 VOICE, learn about collaborating with criminal defense counsel, resisting the pressure to reduce your fees, proving extreme hardship for a relative based on health issues, expanding your professional network with AILA’s free tools, and more!
DHS OIG Report on Allegations of Inappropriate Relationships at Karnes Detention Facility
DHS’s Office of Inspector General released a report after conducting an investigation into allegations of inappropriate relationships between detention officers and female detainees at the Karnes Detention Facility. Investigation found no evidence to substantiate the allegations.
BIA Grants Interlocutory Appeal Challenging Denial of Motion Change of Venue
Unpublished BIA decision grants interlocutory appeal challenging denial of a motion to change venue, finding proximity to respondent’s residence, witnesses, and attorney of record constituted good cause. Special thanks to IRAC. (Matter of Reyes, 1/7/15)
CA6 Says Crimes of Deliberate and Material Dishonesty Are Categorically CIMTs
The court held that crimes of deliberate dishonesty involving material facts are categorically crimes of moral turpitude and that the IJ did not violate petitioner’s due process rights by amending the NTA to reflect the correct statute of conviction. (Fayzullina v. Holder, 1/6/15)
DHS Update to ICE Alien Health Records System of Records
DHS notice on update of “DHS/ICE-013 Alien Health Records System of Records,” which maintains records that document the health screening, examination, and treatment of aliens arrested or detained by DHS or ICE. Comments are due by 2/4/15 and system is effective 2/4/15. (80 FR 239, 1/5/15)
DOS and DHS Launch Awareness Campaign on Executive Action on Immigration
DOS and DHS “Executive Action on Immigration: Know the Facts” awareness campaign, a national and international effort aimed at the Mexican and Central American public, explaining how DAPA will be implemented and who is eligible, in an effort to dispel potential misinformation.
BIA Says IJ Erred in Determining 42 USC §408(a)(8) Conviction Is a CIMT
Unpublished BIA decision reversing IJ’s decision to pretermit the cancellation application because petitioner was convicted of a CIMT, holding that neither fraud or deceit, or impairing the function of government are inherent in the statutory language of 42 USC §408(a)(8). Courtesy of Paul Scott.
BIA Holds Sexual Misconduct in Kentucky Not an Aggravated Felony or CIMT
Unpublished BIA decision holds sexual misconduct under Kent. Rev. Stat. 510.140 is not an aggravated felony rape offense and is not a CIMT because it can apply to voluntary sexual intercourse between closely aged minors. Special thanks to IRAC. (Matter of Delgado, 1/2/15)
BIA Holds Use of Another’s Social Security Number Not a CIMT
Unpublished BIA decision finds disclosure and use of another's Social Security number under 42 U.S.C. 408(a)(8) is not CIMT because neither offense does not require fraud, deceit, or impairing the function of the government. Special thanks to IRAC. (Matter of S-G-G-, 1/2/2015)
Immigration Law Advisor, January 2015 (Vol. 9, No. 1)
The January 2015 Immigration Law Advisor, a legal publication from EOIR, includes an article on issue preclusion in immigration, summaries of circuit court decisions for December 2014 and calendar year 2014 totals, summaries of recent BIA precedent decisions, and a regulatory update.
DOJ OIL January 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for January 2015, with an articles on Husic v. Holder and the AAO's publication of its practice manual, as well as summaries of circuit court decisions for January 2015.
Practice Pointer: Challenges and Strategies Beyond Relief
AILA provides a practice pointer from the 2014-15 edition of Immigration Practice Pointers with guidance for attorneys with clients in removal proceedings including challenging the Notice to Appear and the Form I-213, timing and using motions to suppress, and making due process challenges.
CA11 Remands USCIS Determination of Petitioner’s Inability to Adjust Status Under the CAA
The court held neither INA §242(a)(2)(B)(i) nor 8 CFR §§245.2(a)(5)(iii) and 1245.2(a)(5)(iii) bar an alien from seeking review from a district judge of the USCIS determination that the alien is statutorily ineligible to adjust under the Cuban Adjustment Act (CAA). (Perez v. USCIS, 12/19/14)
BIA Orders Further Consideration of Provisional Waiver Despite Prior DUI Conviction
Unpublished BIA decision remands record for consideration of whether respondent, who was previously convicted of driving under the influence, would qualify for a provisional waiver (Form I-601A). Special thanks to IRAC. (Matter of Albarracin, 12/30/14)
CA5 Holds Public Lewdness Under Texas Penal Code §21.07 Is Not a CIMT
The court held that because public lewdness under Texas Penal Code §21.07 is divisible into discrete subsections of turpitudinous acts and non-turpitudinous acts, the petitioner’s offense under that statute is not categorically a CIMT. (Cisneros-Guerrerro v. Holder, 12/29/14)
Immigration, Civil Rights, and Labor Groups Join Legal Effort to Defend President’s Executive Action on Immigration
AILA joined the American Immigration Council and other immigration, civil rights, and labor groups on an amicus brief in the case, State of Texas vs. United States, opposing the states’ request for a preliminary injunction against the Obama Administration’s new deferred action initiatives.
Helping to Free Moms and Kids from Artesia, Part 2
In this second segment of a multi-part series, AILA member and Artesia Pro Bono Project volunteer Kim Hunter shares her client's story of winning asylum while in Artesia and discusses what it is like spending the holidays in a family detention center.
CA11 Remands for BIA to Consider All Types of Abuse in Religious Persecution Claim
The court remanded for the BIA to clarify whether it considered all the types of abuse unique to religious persecution, including both non-physical and physical harm, in light of Shi v. Att’y Gen., when it denied the claim of past persecution. (Huang v. Holder, 12/24/14)