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
AILA: Mass Detention of Asylum-Seekers is a Humanitarian Disaster
AILA statement submitted to the U.S. Commission on Civil Rights for a 1/30/15 briefing titled “State of Civil Rights at Immigration Detention Facilities.”
Ethical Issues in Representing Children in Immigration Proceedings
When representing children in removal proceedings, it is critical that attorneys always keep the child’s competence in mind when communicating, and use techniques that are uniquely suited to dealing with children. Learn more in this ethics article from AILA’s PPC.
AILA Law Student E-News, January 2015 (Vol. 7, No. 2)
This latest edition brings you how students can make a career out of their AILA membership, getting started in immigration law research, expert tips on succeeding in private practice, and a captivating piece on the now defunct Artesia detention center.
AILA Notes from SCOPS Teleconference (1/21/15)
AILA notes from a teleconference with SCOPS on 1/21/15. Topics include DACA renewals, delays in green card production, RFE trends, H-1B petitions, derivatives’ applications separated from principals’ applications, G-28s in humanitarian reinstatement cases, and photo requirements.
CA8 Denies Petition for Review of Cancellation and Asylum Applications
The court upheld BIA’s denial of asylum, where petitioner failed to show he had a well-founded fear of persecution based on membership in a particular social group, as being perceived as wealthy because of U.S. residency is not a recognized social group. (Guerrero v. Holder, 1/29/15)
USCIS Information on the President’s Executive Actions on Immigration
USCIS information on the initiatives included in the President’s 11/20/14 executive actions on immigration, included are summaries of the planned initiatives by USCIS with who is eligible, what the initiatives will do, when a request can be made, and how to make that request.
AAO Sustained I-212 Waiver After Appeal Claims Field Office Applied Wrong Hardship Standard
In a non-precedent decision, the AAO reversed an I-212 waiver denial, finding applicant’s lack of criminal record, approved Form I -130, and hardship to both the applicant and her USC spouse outweigh her 53 days of being out of status and unauthorized employment. Courtesy of Daniel Shanfield
BIA Reverses Denial of Continuance to Submit Updated Evidence for Adjustment Application
Unpublished BIA decision remands for further consideration of respondent’s I-485, noting that his financial and medical documentation grew stale only because the IJ continued proceedings for three years on his own motion. Special thanks to IRAC. (Matter of Ibrahim, 1/28/15)
USCIS Credible Fear and Reasonable Fear for Family Facilities from July 2014 to January 2015
USCIS Asylum Division statistics on credible and reasonable fear interviews conducted in family detention facilities: Artesia, Berks, Dilley, and Karnes from July 2014 through January 2015.
CA8 Says Form I-9 Is Admissible as Evidence in Removal Proceedings
The court found that an I-9 form can serve as evidence of a false claim of U.S. citizenship in a removal proceeding and the record supported the BIA’s finding that petitioner failed to meet his burden of showing he did not make a false claim of U.S. citizenship. (Mayemba v. Holder, 1/13/15)
CA4 Says Asylum Denial Based on Adverse Credibility Finding Is Not Supported by Substantial Evidence
The court held that the rejection of the petitioner’s asylum application, based largely on an adverse credibility finding, was not supported by substantial evidence. (Ilunga v. Holder, 1/27/15)
CA2 Remands Asylum Denial for Korean Evangelical Christian from Kyrgyzstan
The court found the IJ and BIA failed to explain why the violence petitioner suffered was insufficiently egregious to constitute persecution and failed to consider record evidence that tended to prove the Kyrgyz police are unwilling or unable to protect him. (Pan v. Holder, 1/26/15)
Practice Advisory on Motions to Suppress in Removal Proceedings
The American Immigration Council provides a practice advisory that discusses issues, strategies, and procedures relating to the filing of motions to suppress in removal proceedings.
BIA Orders Further Consideration of Abandonment of LPR Status
Unpublished BIA decision finds DHS did not prove that respondent intended to abandon LPR status while in Yemen because he was incarcerated for numerous years, and remands for clarification of date of release from prison. Special thanks to IRAC. (Matter of Otaifah, 1/26/15)
CA10 Says Petitioner Bears Burden of Proof on Adjustment Eligibility
The court found that petitioner did not meet his burden to establish there was no reason to believe he had been a drug trafficker and thus ineligible for adjustment, and that BIA did not abuse its discretion by denying his motions to reopen and reconsider. (Mena-Flores v. Holder, 1/23/15)
BIA Says IJ Should Have Granted Continuance to Await Response to FOIA Request
Unpublished BIA decision remands for further consideration of adjustment application and says IJ should have granted further continuance to await response to FOIA request regarding manner in which respondent entered the country. Special thanks to IRAC. (Matter of Johnson, 1/22/15)
CA4 Says MD First-Degree Arson Is an Aggravated Felony
The court held a Maryland first-degree arson conviction qualified as an aggravated felony under INA §101(a)(43)(E), despite the absence of the federal jurisdictional element requiring that the destroyed property be used in interstate or foreign commerce. (Espinal-Andrades v. Holder, 1/22/15)
BIA Says Physical Brutality Not Required for Egregious Fourth Amendment Violation
Unpublished BIA decision remands for further consideration of motion to suppress where IJ improperly suggested that arresting officers must engage in physical brutality to commit an "egregious" Fourth Amendment violation. Special thanks to IRAC. (Matter of Castro, 1/21/15)
CA6 Reverses BIA's Rejection of New Evidence from Rwandan Petitioner
The court held that BIA abused discretion in rejecting petitioner's unsworn letters of support and that BIA could not reject letters written by interested witnesses, since the witnesses would likely have relevant information and be subject to cross-exam in a MTR. (Uwineza v. Holder, 1/21/15)
BIA Remands to Consider Appointment of Counsel Based on Mental Incompetency
Unpublished BIA decision remands proceedings to let IJ re-assess respondent’s mental competency and need for safeguards including presence of counsel as he may be a member of the class certified in Franco-Gonzales v. Holder. Special thanks to IRAC. (Matter of Manzano, 1/20/15)
BIA Finds Attorney Provided Ineffective Assistance By Missing Deadline to File I-589
Unpublished BIA decision reopens proceedings due to ineffective assistance of counsel due to prior attorney’s failure to file asylum application by required deadline. Special thanks to IRAC. (Matter of Singh, 1/20/15)
AILA ICE Liaison Committee Meeting Q&As (1/20/15)
AILA ICE Liaison Committee questions and answers from the 1/20/15 liaison meeting with ICE, including information on DHS enforcement priorities, prosecutorial discretion, DACA/DAPA, biometrics, the RCA, mentally incompetent detainees, LGBT detainees, expedited dockets, and family detention.
CA1 Denys Petitions for Review After Petitioner Was Ordered Removed in Absentia
The court denies petitions for review, finding that any error on the mailing address used by the immigration court was petitioner’s error and that the IJ did not error when finding petitioner was not entitled to exception to the filing deadline due to lack of notice. (Wan v. Holder, 1/20/15)
EOIR Grants Asylum to Corruption Protester
An IJ granted asylum to the co-founder of an organization of asylum-seekers fleeing Mexico because of drug-related violence after respondent demonstrated he was a very visible advocate for justice and transparency in Mexico and an opponent of government corruption. Courtesy of Carlos Spector.
TRAC Report Finds Immigration Court Processing Times Fall for Honduras, Guatemala, and El Salvador
TRAC report finding average processing times for individuals from El Salvador dropped from an average of 403 days in FY2014 to 291 days in the first quarter of FY2015. Average processing times for Guatemalans fell from 422 days to 349 days, and 275 days to 200 days for those from Honduras.