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
CA7 Upholds Denial of Continuance for Ex-Wife’s Testimony on I-751 Waiver
The court held BIA did not abuse discretion in denying continuance for petitioner’s ex-wife to testify in support of I-751 waiver, because he did not show the testimony would have been significantly favorable to him and a good-faith effort to obtain her appearance. (Bouras v. Holder, 3/4/15)
CA10 Says Young Males Recruited by Gangs in El Salvador Not a PSG
The court held that young El Salvadoran males threatened and actively recruited by gangs, who resist because they oppose the gangs, is not a particular social group (PSG), and that petitioner did not prove he was persecuted due to any membership in a PSG. (Rodas-Orellana v. Holder, 3/2/15)
AILA: H.R 1148 Offers No Workable Solution to Serious, Long-Standing Problems with Immigration System
AILA statement for the House Judiciary Committee markup opposing H.R. 1148, the Michael Davis, Jr. in Honor of State and Local Law Enforcement Act.
AILA: H.R. 1149 Will Harm Vulnerable Child Victims of Violence
AILA statement for the House Judiciary Committee markup opposing H.R. 1149, the Protect the Children Act of 2015.
CA11 Upholds BIA’s Frivolous Asylum Application Finding
The court upheld the BIA, finding that petitioner filed a frivolous asylum application, and that it lacked jurisdiction to consider claims that BIA denied her a sufficient opportunity to account for application discrepancies and violated her due process. (Indrawati v. Att’y Gen., 3/2/15)
EOIR Releases FY2014 Statistics Yearbook
EOIR’s FY2014 yearbook with data on cases before immigration courts, BIA, and OCAHO, as well as appeals of IJ decisions to the BIA. The data includes information on respondents’ cases by naturalization, language, and disposition, and provide detailed information surrounding asylum cases.
Immigration Law Advisor, March 2015 (Vol. 9, No. 3)
Immigration Law Advisor, a legal publication from EOIR, with an article on deciphering the Lopez-Mendoza “identity statement rule”, as well as summaries of circuit court decisions for February 2015 and recent BIA precedent decisions.
DOJ OIL March 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for March 2015, with articles on Maldonado v. Holder and Lenjinac v. Holder, as well as summaries of circuit court decisions for March 2015.
Referral Sheet for Three Board Member Review of a BIA Decision
Obtained via FOIA by Hoppock Law Firm, EOIR the referral sheet for three Board member review of a BIA decision. Special thanks to Matthew Hoppock.
BIA Orders Remand to Assess Ineffective Assistance Claim
Unpublished BIA decision orders remand for consideration of ineffective assistance claim in light of limited fact-finding ability on appeal. Special thanks to IRAC. (Matter of Salgado-Gutierrez, 2/27/15)
BIA Finds IJ Erred in Denying Continuance to Await Adjudication of U Visa
Unpublished BIA decision ordered further consideration of request for a continuance pending adjudication of U visa, where IJ did not discuss basis for DHS’s opposition or the possibility that respondent would be granted a waiver. Special thanks to IRAC. (Matter of Torres-de Santiago, 2/27/15)
BIA Reopens Sua Sponte in Light of Descamps
Unpublished BIA decision reopening proceedings sua sponte in light of assertion that respondent’s 1997 attempted burglary conviction no longer constitutes a removable offense under Descamps v. United States. Special thanks to IRAC. (Matter of Nwagbo, 2/27/15)
CA1 Says BIA Can Weigh Police Reports with Hearsay in Removal Proceedings
The court held there is no per se bar in considering police reports containing hearsay even though no conviction follows in discretionary relief removal proceedings. (Arias-Minaya v. Holder, 2/27/15)
ICE: 11/20/14 Enforcement Priorities Memo Is in Effect
AILA has received confirmation that ERO officers and OPLA attorneys have been instructed that the DACA/DAPA injunction has no impact on the 11/20/14 enforcement priorities memo and that ICE personnel are continuing to process individuals and litigate removal cases consistent with the memo.
H.R. 1148: Michael Davis, Jr. in Honor of State and Local Law Enforcement Act
On 2/27/15, Representative Gowdy (R-SC) introduced the Michael Davis, Jr. in Honor of State and Local Law Enforcement Act (H.R. 1148).
H.R. 1149: Protection of Children Act of 2015
On 2/27/15, Representative Carter (R-TX) introduced the Protection of Children Act of 2015 (H.R. 1149).
VOICE: March 2015
In the March 2015 VOICE, learn about pursuing one-parent SIJS, assuaging clients’ fears about DAPA, resisting the pressure to reduce your fees, preparing clients for marriage interviews, challenging improper G-28 rejections, and more!
CA2 Says BIA Erred in Applying Modified Categorical Approach
The court remanded, holding that BIA erred in its application of the modified categorical approach in determining whether petitioner’s convictions for first-degree sexual abuse under NY law constituted aggravated felonies relating to the sexual abuse of a minor. (Flores v. Holder, 2/26/15)
AILA Quicktake #121: The Latest on Executive Action Litigation
In this Quicktake, Beth Werlin, Director of Policy at the American Immigration Council, joins to discuss the latest with the litigation in Texas on expanded DACA and DAPA.
BIA Rescinds In Absentia Order Due to Deficiency in Hearing Notice
Unpublished BIA decision rescinds the in absentia order, because the hearing notice did not state that it was mailed to the address listed in the Notice to Appear. Special thanks to IRAC. (Matter of Nunez, 2/25/14)
CA9 Upholds MTR Denial Where Plausibility of Cancellation Claim Not Shown
The court held that BIA did not abuse its discretion in refusing to reopen petitioner’s case due to ineffective assistance, because petitioner failed to make the necessary threshold showing that his claim for cancellation of removal was plausible. (Martinez-Hernandez v. Holder, 2/24/15)
CA10 Joins Other Circuits on Eligibility of 212(h) Waiver for Individuals Who Adjust Status
The court concluded that only persons who obtained LPR status before or when they entered the U.S. are barred from seeking a waiver under § 212(h) which renders them ineligible for waivers of inadmissibility those convicted of an aggravated felony. (Medina-Rosales v. Holder, 2/24/15)
AAO Sustains Form I-212 Appeal After Expedited Removal
In an non-precedent decision, the AAO sustained an appeal of a Form I-212, finding that although applicant was removed in 2012 for being an intending immigrant, there is no indication she misrepresented her intentions or willfully violated her earlier admission. Courtesy of Carolyn Choi.
Letter to Senate Opposing S. 534 Introduced by Senator Collins
A 2/24/15 letter from AILA to the Senate expressing opposition to the Immigration Rule of Law Act of 2015 (S. 534) introduced by Senator Collins.
Emergency Expedited Motion to Stay Expanded DACA/DAPA Preliminary Injunction
The federal government filed an emergency expedited motion on the preliminary injunction entered on 2/16/15 concerning expanded DACA and DAPA, requesting that the court stay, pending appeal, its 2/16/15 Order, or in the alternative, stay its Order beyond application in Texas.