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
CA4 Upholds Asylum Denial for Indonesian Christian
The court held substantial evidence supported the BIA’s determination that petitioner did not qualify for asylum as a Christian Indonesian, and that accounts in country reports and articles with her application were insufficient to compel a contrary conclusion. (Mulyani v. Holder, 11/14/14)
CA4 Declines to Review Motion to Reopen for Chinese Male Petitioner
The court found that the BIA’s reliance on the 2007 DOS Country Profile was reasonable and the BIA did not abuse its discretion in determining that the petitioner’s submissions did not establish changed country conditions in China related to the one-child policy. (Lin v. Holder, 11/14/14)
CA9 Says BIA Can Reopen Removal Proceedings for Opportunity to Pursue Adjustment Application
The court declined to defer to Matter of Yauri and held the BIA has authority to reopen proceedings to an arriving alien who is under a final order of removal in order to afford him/her an opportunity to pursue an adjustment application before USCIS. (Singh v. Holder, 11/13/14)
GAO Report on Alternatives to Detention
GAO report on ICE’s Alternatives to Detention (ATD) program, which increased its enrollment from 32,065 in FY2011 to 40,864 in FY2013. This report addresses trends in ATD program participation and oversight to help ensure cost-effective program implementation. Report also provides recommendations.
AILA Quicktake #107: DACA Delays and Renewals
AILA member and Chair of AILA's Media Advocacy Committee Maurice Goldman shares information on the DACA renewal process, potential difficulties with delays, and helpful resources for AILA members.
AILA, NIJC, and Others File CRCL Complaint Reporting Serious Flaws in CBP Fear Screening
Complaint filed with the DHS Office of Civil Rights and Civil Liberties (CRCL) by NIJC, AILA, and others reporting that CBP officers regularly fail to properly screen individuals to determine whether they have a fear of returning to their home country.
BIA Orders Further Consideration of Realistic Probability for Maryland Credit Card Theft
Unpublished BIA decision orders further consideration of realistic probability that Maryland credit card theft statute would be applied to defendants who did not intend to deprive the cardholder of its use. Special thanks to IRAC. (Matter of Jandres-Aguiluz, 11/13/14)
VOICE: November 2014
In the November 2014 VOICE, learn about the ethics of competent client representation, the tremendous value of an AILALink subscription, one lawyer’s contentment after switching to appellate practice, and more!
AILA Notes from SCOPS Teleconference (11/12/14)
AILA notes from a teleconference with SCOPS on 11/12/14. Topics include consular return processing times, attorney change of address, RFE templates, DACA renewal processing times, interim EADs, and I-140s.
TRAC Report Finds Immigration Detainers Decline 39% Since FY2012
Transactional Records Access Clearinghouse (TRAC) report finding from the end of FY2012 through March 2014, there was a 39% decrease in the number of ICE detainers sent to local, state, and federal law enforcement officials. This decline translates into around 9,000 fewer ICE detainers per month.
CRS Report on Legal Authority for Executive Discretion in Immigration
Congressional Research Service (CRS) report with a legal overview of the president’s authority for executive discretion over immigration matters. Report includes statutory authority for granting benefits or relief, discretion in enforcement, and discretion in interpreting and applying statutes.
BIA Orders Further Consideration of Fraud Claim
Unpublished BIA decision orders further consideration of whether respondent was inadmissible at time of adjustment for failing to disclose children fathered with another woman on Form I-485. Special thanks to IRAC. (Matter of Amwoma, 11/10/14)
CA9 Says Arizona Felony Endangerment Is a CIMT
The court upheld the BIA’s finding that Arizona Revised Statute §13-1201 is a crime involving moral turpitude (CIMT) and creation of a substantial, actual risk of imminent death is sufficiently reprehensible to establish a CIMT, although no actual harm need occur. (Leal v. Holder, 11/6/14)
CA9 Says Arizona Identity Fraud Offense Is a CIMT Under Modified Categorical Approach
The court held that a conviction under Arizona Revised Statutes §13-2008(A) is not a categorical crime involving moral turpitude (CIMT), but under the modified categorical approach, stealing a real person’s identity to obtain employment is a CIMT. (Ibarra-Hernandez v. Holder, 11/5/14)
CA9 Says IJ Erred in Denying Continuance to Submit Additional Arrest Documents
The court held the IJ abused her discretion in denying a continuance to submit into evidence additional arrest documents to prove past persecution since the reasoning was based on legal error and was inconsistent with factors set forth in Peng v. Holder. (Owino v. Holder, 11/4/14)
BIA Reopens Proceedings Due to Advisory Opinion from Attorney for Local Sheriff’s Office
Unpublished BIA decision reopens proceedings in light of advisory opinion from general counsel of Tulsa County (Okla.) Sheriff's Office supporting argument that 21 Okla. Stat. 1289.13 is not a categorical firearms offense. Special thanks to IRAC. (Matter of Vidales-Moreno, 11/4/14)
AILA New Members Division E-News, November 2014 (Vol. 6, Issue 5)
This latest edition brings you expert practice tips related to preparing your client for the I-9 audit, parole in place for immediate family members of active duty military members, the registry for longtime, undocumented residents, and post-conviction relief in California.
AILA Quicktake #105: Fighting for Asylum in Artesia
AILA member and three-time Artesia volunteer Eileen Sterlock discusses her experience with an asylum merits hearing from the Artesia family detention center. To volunteer in Artesia, visit www.aila.org/beavolunteer.
CA3 Upholds BIA Finding that Stop-Time Rule Was Not Impermissibly Retroactive
The court affirmed the BIA’s ruling that the stop-time rule was not impermissibly retroactive as applied to the 1995 controlled substance offense, as the stop-time rule did not pose a “new disability” under Landgraff on the past conduct. (Guzman v. Att'y Gen., 11/3/14)
CA2 Says Persecutor Bar Prevents Chinese Petitioner from Seeking Asylum
The court found the record evidence sufficient to support a finding that petitioner assisted in persecution and was ineligible for asylum, since for two decades she reported women with unauthorized pregnancies, knowing they would be subjected to forced abortions. (Meng v. Holder, 11/3/14)
DOD Fact Sheet on MAVNI Program Eligibility
A November 2014 DOD fact sheet on Military Accessions Vital to National Interest (MAVNI) program eligibility, including individuals granted DACA.
Immigration Law Advisor, October 2014 (Vol. 8, No. 8)
The October 2014 Immigration Law Advisor, a legal publication from EOIR, with an article on the shifting burdens of immigration law, circuit court decisions for September 2014, recent BIA precedent decisions, and a regulatory update.
United States Attorneys’ Bulletins (November 2014, Vol. 62, No. 6)
The November 2014 edition from the DOJ’s Executive Office for U.S. Attorneys includes articles related to border issues, including the Southwest Border Districts, notario fraud issues, and prosecuting marriage fraud conspiracies.
DHS OIG Report on Unresolved Recommendations as of 9/30/14
DHS Office of the Inspector General (OIG) report on DHS open unresolved recommendations over six months old as of 9/30/14 that require action, including recommendations on CBP’s implementation of the Western Hemisphere Travel Initiative and managing mental health cases in immigration detention.
AILA Quicktake #104: Artesia Tour of Duty
AILA President-Elect Victor Nieblas spent a week on the ground in Artesia volunteering with the Pro Bono Project. In this Quicktake, he shares his experiences on his Tour of Duty. To volunteer at Artesia, go to www.aila.org/beavolunteer. Can't volunteer? Donate at www.aila.org/helpthevolunteers