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
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Unpublished BIA decision orders further consideration of whether respondent was inadmissible at time of adjustment for failing to disclose children fathered with another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
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)