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 Motion to Reopen Due to Changed Conditions in Ukraine
Unpublished BIA decision granting the Motion to Reopen due to changed country conditions in Ukraine, and remanded for the respondent to present evidence in support of his application for asylum, withholding, and protection under CAT. Courtesy of Mark J. Devine.
BIA Says Form I-9 Is Admissible as Evidence in Removal Proceedings
The BIA held that a Form I-9, Employment Eligibility Verification, is admissible in immigration proceedings to support charges of removability against a noncitizen and to determine his or her eligibility for relief from removal. Matter of Bett, 26 I&N, Dec. 437 (BIA 2014)
District Court Orders DHS to Provide Mental Health Screenings for Detainees in Three States
District court order requiring DHS to provide mental health screenings and assessments for individuals in detention centers in California, Washington, and Arizona, within 90 days of the entry of the order. (Franco-Gonzalez v. Holder, 10/29/14)
CA4 Finds IJ Conflated Adverse Credibility with Fraud and Willful Misrepresentation
The court vacated the BIA’s decision and remanded, finding that the IJ committed legal error by conflating adverse credibility with fraud and willful misrepresentation and that the willful representation ruling was not supported by substantial evidence. (Yang v. Holder, 10/29/14)
CA9 Says Arizona Fraud Conviction Involving Employment Application Is a CIMT
The court held that the petitioner’s conviction under Arizona Revised Statutes §13-2002 constituted a crime involving moral turpitude (CIMT) since the statute criminalized conduct that constituted fraud, and Beltran-Tirado was inapplicable. (Espino-Castillo v. Holder, 10/29/14)
CRS Policy Overview of Legal Permanent Immigration to the U.S.
Congressional Research Service report on legal permanent immigration law, policies, and trends, providing a backdrop for the policy options and debates that may emerge as Congress considers a revision of the legal immigration system.
DHS Exercises Prosecutorial Discretion for Respondent Who Made False Claim to Citizenship
Unpublished BIA decision administratively closes proceedings after DHS favorably exercises prosecutorial discretion for respondent who was ineligible to adjust status because she falsely claimed to be a U.S. citizen on numerous Form I-9s. Special thanks to IRAC. (Matter of Amwayi, 10/28/14)
BIA Orders Consideration of Evidence Submitted on Flash Drive
Unpublished BIA decision orders IJ to consider video evidence submitted on flash drive that purportedly supports allegations that respondent was subject to pretextual traffic stop. Special thanks to IRAC. (Matter of Fuentes, 10/28/14)
CA9 Declines to Review BIA Decisions Relating to California Drug Offense
The court denied the petition for review of three decisions by the BIA, culminating in the BIA’s conclusion that the prior conviction of sale of a controlled substance under California Health and Safety Code §11378 is an aggravated felony. (Padilla-Martinez v. Holder, 10/27/14)
House Democrats Press DHS Against Expansion of Family Detention System
A 10/27/14 letter from 32 House Democrats, led by Rep. Zoe Lofgren (D-CA), to President Obama opposing expansion of the family detention system, citing concerns with the no-bond/high-bond policy, the disparity in credible fear interview rates, and the lack of child care in the facilities.
CA8 Holds Minnesota Offense of Making Terroristic Threats Is a CIMT
The court held the BIA permissibly categorized petitioner’s offense of making terroristic threats in violation of Minnesota statute §609.713 subd. 1 as a crime involving moral turpitude (CIMT) and did not err in concluding he was ineligible for cancellation. (Avendano v. Holder, 10/27/14)
Practice Pointer: Keeping Your EOIR eRegistry Account Active
At the October 23, 2014 AILA EOIR Liaison Committee meeting, EOIR clarified several key aspects of its eRegistry program for attorneys, including how to keep an account active and how to reactivate an account. EOIR also advised the committee on upcoming features that will be added to the portal.
BIA on Time Period for Establishing Extreme Hardship Under INA §216(c)(4)(A)
The BIA held that to establish eligibility for a waiver under INA §216(c)(4)(A), the period to determine whether removal would result in extreme hardship is the two-year period for which the alien was admitted as a conditional permanent resident. Matter of Munroe, 26 I&N Dec. 428 (BIA 2014)
CA9 Says Arizona Conviction for Criminal Impersonation Is a CIMT
The court held that petitioner’s conviction for criminal impersonation by assuming a false identity with intent to defraud, in violation of Arizona Revised Statutes §13-2006(A)(1), is categorically a crime involving moral turpitude (CIMT). (Hernandez de Martinez v. Holder, 10/24/14)
CA6 Applies Camarillo, Says Defective NTA Suffices for Triggering Stop-Time Rule
The court denied the petition, deferring to the BIA’s decision in Matter of Camarillo that the ten-year clock stops running upon service of the notice to appear (NTA), even if it fails to tell the individual when the hearing will occur. (Gonzalez-Garcia v. Holder, 10/24/14)
VSC Meeting Notes and Practice Pointers on VAWA, U, and T Filings (10/24/14)
Meeting notes and practice pointers compiled by the AILA VAWA Committee and ASISTA from the Vermont Service Center (VSC) stakeholder event held at VSC on October 24, 2014. Includes information on customer service and processing issues, the hotline, RFEs, the U visa waitlist, I-765s, and VAWA cases.
AILA Law Student E-News, Fall 2014 (Vol 7, No. 1)
This latest edition brings you how students can prepare themselves for a future as an immigration attorney, getting started in immigration law research and expert tips on succeeding in private practice.
AILA/EOIR/OCAHO Liaison Meeting Minutes (10/23/14)
Minutes from the 10/23/14 AILA liaison meeting with EOIR and OCAHO. Topics include updates on hiring new IJs and ALJs, the EOIR computer system failure, e-Registry, the priority docket for recent border crossers, UACs, family detention, cancellation of removal, an index of CAHO decisions, and ADR.
CA7 Finds Judge Applied Wrong Standard in Assessing Continuous Residence
The court vacated and remanded, holding that the administrative law judge erred when he applied his own standard that imperfect recollection precluded a finding of continuous residence to qualify for cancellation of removal pursuant to INA §240A(d)(2). (Lopez-Esparza v. Holder, 10/23/14)
CA5 Says BIA Did Not Err in Determining Statute of Conviction Was Divisible
The court denied the petition, holding that under Descamps, 8 USC §554(a) was divisible and the BIA did not err in applying the modified categorical approach to determine whether the petitioner had been convicted of an aggravated felony. (Franco-Casasola v. Holder, 10/23/14)
CA1 Vacates and Remands Asylum Denial for Indonesian Christian
The court vacated the removal order and remanded, finding that the BIA gave an insufficient explanation of why the petitioner failed to demonstrate that she suffered past persecution as a Christian in Indonesia. (Panoto v. Holder, 10/22/14)
AAO Sustains I-601 Waiver, Finds Spouse Will Suffer Extreme Hardship if Separated from Husband
Unpublished AAO decision sustaining appeal of I-601 waiver, finding the U.S. citizen (USC) spouse would face extreme medical and financial hardship if separated, and other favorable factors including ties to a USC child and steady employment warranted discretion. Courtesy of Jennifer A. Gutierrez.
EOIR Expands Legal Orientation Program Sites to Include Karnes
EOIR press release announcing that beginning 11/1/14, EOIR will provide assistance through the Legal Orientation Program (LOP) to families detained at the Karnes Family Residential Center. Since October 2013, the LOP has expanded to seven additional detention sites including Artesia.
CA5 Rules Petitioner Is Not Entitled to Derivative Citizenship
The court denied the petition for review, holding that the petitioner did not reside permanently in the U.S. as contemplated by INA §321 because of his unlawful entry and status until age 23, and thus he was not entitled to derivative citizenship. (Gonzalez v. Holder, 10/21/14)
Practice Pointer: TSC Case Problem Resolution
The AILA TSC Liaison Committee explains the avenues for direct communication with TSC to resolve case problems such as priority date and cross-chargeability issues, as well as how to make sure your G-28 information is updated.