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
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.
FY2014 USCIS Asylum Division Credible and Reasonable Fear Interview Statistics
USCIS Asylum Division statistics on credible and reasonable fear interviews conducted in Artesia, Karnes, and nationwide from July 2014 through October 2014. The report also includes processing times and statistics on requests for consideration.
AIM: DOMA and Immigration
For October’s Interview of the Month, Clement Lee, staff attorney at Immigration Equality, explains the Defense of Marriage Act in the immigration context. Immigration Equality was AILA's 2014 Arthur C. Helton Human Rights Award winner.
AILA Quicktake #103: Granting Asylum for Artesia Detainees
AILA member and Artesia volunteer Kim Hunter shares her client's experience in being kept in detention after being granted asylum.
EOIR Updates to Immigration Court Practice Manual
This page contains updates to EOIR’s Immigration Court Practice Manual.
CA4 Says Failure to Register as a Sex Offender in Virginia Is Not a CIMT
The court remanded with instructions to vacate the removal order, finding that the petitioner’s conviction for failure to register as a sex offender, in violation of §18.2-472.1 of the Virginia statutes, was not a crime involving moral turpitude (CIMT). (Mohamed v. Holder, 10/17/14)
CA4 Says K-2 Visa Holder Seeking Adjustment Must be Under 21 at Time of Admission
The court upheld the BIA’s decision, which relied on Matter of Le to find that because the petitioner was over 21 when he entered the U.S. on a K-2 visa, his application for adjustment of status was properly denied and he was removable. (Regis v. Holder, 10/16/14)
IJ Terminates Removal Proceedings Since DHS Did Not Serve Identical NTAs
The IJ terminated the removal proceedings without prejudice, since the court and the respondent did not receive identical versions of the Notice to Appear (NTA). Courtesy of Vivian Szawarc.
HHS Funding to Support Legal Services for Unaccompanied Children
HHS notice of a $9 million direct legal representation project to provide representation to 2,600 unaccompanied minors throughout their immigration proceedings. ORR is awarding supplemental funds of approximately $4 million for FY2014, with remaining funds provided in FY2015. (79 FR 62159, 10/16/14)
Senate Democrats Press DHS Against Expansion of Family Detention System
A 10/16/14 letter from ten Senate Democrats, led by Senator Leahy (D-VT) to DHS Secretary Jeh Johnson opposing the expansion of the family detention system, specifically the Dilley family detention facility planned for Texas.