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 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Unpublished BIA decision grants interlocutory appeal challenging denial of a motion to change venue, finding proximity to respondent’s residence, witnesses, and attorney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Unpublished BIA decision reversing IJ’s decision to pretermit the cancellation application because petitioner was convicted of a CIMT, holding that neither fraud or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Unpublished BIA decision holds sexual misconduct under Kent.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)
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.
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.
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)
District Court Dismisses Sheriff Arpaio’s Challenge to Executive Action
Memorandum opinion denying Sheriff Joseph Arpaio’s motion for preliminary injunction and granting the government’s motion to dismiss for lack of subject matter jurisdiction.
District Court Allows Identities of Immigration Judges to Remain Redacted in FOIA Litigation
A district court granted EOIR’s summary judgment motion on the redaction of judges’ personal identifying information and also on the release of the complaint resolutions. The court ordered the release of any non-responsive information previously withheld. (AILA v. EOIR, 12/24/14)
CA4 Reverses and Remands, Says Virginia Grand Larceny Conviction Is Not an Aggravated Felony
The court held the use of the word “or” did not render the crime divisible, the modified categorical approach did not apply, and under the categorical approach, the conviction under Va. Code Ann. §18.2-95 was not an aggravated felony theft offense. (Omargharib v. Holder, 12/23/14)
BIA Holds Kentucky Fourth Degree Assault is Not a Crime of Violence
Unpublished BIA decision holds fourth degree assault under Ky. Rev. Stat. 508.030(1)(a) is categorically not a crime of violence because a jury would not have to unanimously agree on whether a defendant acted intentionally or recklessly. Special thanks to IRAC. (Matter of Warmels, 12/23/14)
USCIS Idea Community Looking for Feedback on DACA
USCIS requests feedback on the DACA renewal process and the extended DACA validity period through the USCIS Idea Community. Feedback will be accepted from 12/23/14 through 12/29/14.
District Court Holds Petitioner's Detention Is Governed by INA §236(a)
The court granted the petitioner's request for a bond hearing, holding that the reinstated removal order issued against the petitioner was not administratively final, and thus that his detention was governed by INA §236(a), not INA §241. (Guerra v. Shanahan, 12/23/14)
Helping to Free Moms and Kids from Artesia, Part 1
In this first segment of a multi-part series, AILA member and Artesia Pro Bono Project volunteer Lisa Laurel Weinberg shares her client's story of winning asylum while in the Artesia family detention center.
BIA Holds Florida Criminal Mischief Not a CIMT
Unpublished BIA decision holds criminal mischief under Fla. Stat. 806.13(1)(a) is not a CIMT because the statute has been applied to conduct that is not inherently base, vile, or depraved. Special thanks to IRAC. (Matter of Patrana, 12/22/14)
BIA Reverses Discretionary Denial of Adjustment
Unpublished BIA decision reverses discretionary denial of adjustment application upon finding respondent’s positive equities outweighed his conviction for driving while intoxicated and more than $1,200 in student debt. Special thanks to IRAC. (Matter of Misumi, 12/22/14)