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 Says IJ Should Have Granted Continuance to Await Response to FOIA Request
Unpublished BIA decision remands for further consideration of adjustment application and says IJ should have granted further continuance to await response to FOIA request regarding manner in which respondent entered the country. Special thanks to IRAC. (Matter of Johnson, 1/22/15)
CA6 Reverses BIA's Rejection of New Evidence from Rwandan Petitioner
The court held that BIA abused discretion in rejecting petitioner's unsworn letters of support and that BIA could not reject letters written by interested witnesses, since the witnesses would likely have relevant information and be subject to cross-exam in a MTR. (Uwineza v. Holder, 1/21/15)
BIA Says Physical Brutality Not Required for Egregious Fourth Amendment Violation
Unpublished BIA decision remands for further consideration of motion to suppress where IJ improperly suggested that arresting officers must engage in physical brutality to commit an "egregious" Fourth Amendment violation. Special thanks to IRAC. (Matter of Castro, 1/21/15)
TRAC Report Finds Immigration Court Processing Times Fall for Honduras, Guatemala, and El Salvador
TRAC report finding average processing times for individuals from El Salvador dropped from an average of 403 days in FY2014 to 291 days in the first quarter of FY2015. Average processing times for Guatemalans fell from 422 days to 349 days, and 275 days to 200 days for those from Honduras.
AILA New Members Division E-News, January 2015 (Vol. 6, Issue 6)
This latest edition of AILA’s newsletter targeted at new members includes expert tips for when your detained client is a U.S. citizen, an overview on how other nations are luring foreign investors, California’s AB60, DOL’s re-evaluation of PERM, and exploring the U visa.
USCIS Reminder for Requesting DACA
USCIS reminder that Form I-765 and required fees must be submitted with initial and renewal DACA requests. USCIS advises submitting DACA renewal requests between 150 and 120 days before the expiration date. USCIS’s processing goal is 120 days; inquiries can be submitted 105 days after filing.
CA1 Denys Petitions for Review After Petitioner Was Ordered Removed in Absentia
The court denies petitions for review, finding that any error on the mailing address used by the immigration court was petitioner’s error and that the IJ did not error when finding petitioner was not entitled to exception to the filing deadline due to lack of notice. (Wan v. Holder, 1/20/15)
EOIR Grants Asylum to Corruption Protester
An IJ granted asylum to the co-founder of an organization of asylum-seekers fleeing Mexico because of drug-related violence after respondent demonstrated he was a very visible advocate for justice and transparency in Mexico and an opponent of government corruption. Courtesy of Carlos Spector.
AILA ICE Liaison Committee Meeting Q&As (1/20/15)
AILA ICE Liaison Committee questions and answers from the 1/20/15 liaison meeting with ICE, including information on DHS enforcement priorities, prosecutorial discretion, DACA/DAPA, biometrics, the RCA, mentally incompetent detainees, LGBT detainees, expedited dockets, and family detention.
BIA Remands to Consider Appointment of Counsel Based on Mental Incompetency
Unpublished BIA decision remands proceedings to let IJ re-assess respondent’s mental competency and need for safeguards including presence of counsel as he may be a member of the class certified in Franco-Gonzales v. Holder. Special thanks to IRAC. (Matter of Manzano, 1/20/15)
BIA Finds Attorney Provided Ineffective Assistance By Missing Deadline to File I-589
Unpublished BIA decision reopens proceedings due to ineffective assistance of counsel due to prior attorney’s failure to file asylum application by required deadline. Special thanks to IRAC. (Matter of Singh, 1/20/15)
AILA Quicktake #114: Beginning Arguments of Texas Lawsuit
American Immigration Council's Melissa Crow sits down to discuss what happened at Thursday's hearing, the beginning arguments on the lawsuit filed by Texas and 20-some other states seeking to negate President Obama’s executive actions on immigration.
BIA Grants Change of Venue After Interlocutory Appeal
Unpublished BIA decision granting respondent's interlocutory appeal challenging IJ’s denial of an unopposed motion to change venue, finding good cause for change from Dallas to New York due to proximity to his residence and witnesses. Special thanks to IRAC. (Matter of Sinchi-Sinchi, 1/16/15)
BIA Reopens Proceeding Based on Recent Marriage to U.S. Citizen
Unpublished BIA decision reopens proceedings over DHS opposition in light of recent marriage to U.S. citizen and filing of visa petition on respondent’s behalf. Special thanks to IRAC. (Matter of Bitzos, 1/15/15)
CA8 Affirms BIA’s Denial of Withholding and CAT Relief for Chinese Petitioner
The court upheld the BIA’s denial of withholding and CAT relief, finding that substantial evidence supported the BIA’s determination that petitioner failed to demonstrate it was more likely than not that she would be persecuted or tortured if she returned to China. (Chen v. Holder, 1/15/15)
CA4 Holds Unauthorized Use Under Va. Code § 18.2-102 Is Not an Aggravated Felony
The court vacated the removal order, holding that because there is a realistic probability Virginia would apply its unauthorized use statute, Va. Code § 18.2-102, to conduct that falls outside the BIA’s definition of theft offense, it is not an aggravated felony. (Castillo v. Holder, 1/14/15)
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.