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
Letter from AILA Chapters to the Obama Administration on the Need for Children and Families to Receive Due Process
All of AILA’s U.S.-based chapters signed on to this open letter which calls for the Obama Administration to immediately review its current inhumane and unconstitutional detention and removal policies towards children and families with children.
CA9 Says BIA Abused its Discretion when Denying Motion to Reopen In Absentia Order
The court granted the petition for review, finding that the petitioner should not have lost her right to a hearing because the government improperly recorded, and then sent notice to an old address, rather than the current one she claimed to have given them. (Velasquez v. Holder, 9/29/14)
District Court Reaffirms that ICE Detainers Are Not Mandatory
The district court in Illinois cited Galarza v. Szalczyk to rule that local law enforcement offices should not consider ICE detainers issued pursuant to 8 CFR §287.7 as mandatory. (Moreno v. Napolitano, 9/29/14)
CA7 Upholds BIA’s Approach in Matter of Rodriguez-Rodriguez
The court upheld the BIA’s analysis using as a guide the definition of “sexual abuse” in 18 U.S.C. §3509(a)(8) rather than in 18 U.S.C. §2243(a) to find that petitioner’s violation of California Penal Code §261.5(c) involved “sexual abuse of a minor.” (Velasco-Giron v. Holder, 9/26/14)
AILA Quicktake #98: DHS Announcements on Family Detention
AILA President Leslie Holman discusses the two disturbing announcements made this week by ICE and DHS regarding a new family detention facility in Dilley, Texas, and DHS appealing bond decisions for some mothers and children detained in Artesia, NM.
Letter to President Obama Opposing Family Detention
On 9/25/14, AILA joined 167 organizations in urging President Obama to close the Artesia and Karnes detention centers and to halt plans to open a new family detention facility in Dilley, Texas.
CA7 Denies Consolidated Petition for Review
The court denied the consolidated petition for review, finding that the petitioner did not demonstrate that the IJ or BIA legally erred or denied him due process. (Antia-Perea v. Holder, 9/25/14)
CA2 Says BIA Did Not Err in Denying Suppression Motion or Asylum
The court held that because the petitioner voluntarily conceded his removability in a motion to change venue, the BIA did not err in denying the suppression motion, and also did not err in denying the asylum application. (Vanegas-Ramirez v. Holder, 9/25/14)
BIA Holds Florida Possession of Cocaine With Intent to Sell or Deliver Not on Aggravated Felony
Unpublished BIA decision holds possession of cocaine with intent to sell or deliver under Fla. Stat. 893.13(1)(a)(1) is not an aggravated felony because no completed commercial transaction is required under the statute. Special thanks to IRAC. (Matter of M-B-, 9/25/14)
CA6 Rejects BIA’s Narrow Interpretation of §212(h)
The court held that the text of §212(h) is unambiguous and that the bar to seeking a §212(h) waiver of inadmissibility does not apply to persons who adjusted to lawful permanent resident status after having entered into the U.S. by inspection. (Stanovsek v. Holder, 9/24/14)
AILA Amicus Brief on Controlled Substances Convictions
AILA amicus brief filed with the Supreme Court arguing the controlled substances removability ground only applies to convictions for federally controlled substances and conduct prohibited under federal law, and urging the Court to reject improper application of the realistic probability test.
AILA Notes from SCOPS Teleconference (9/24/14)
AILA notes from a teleconference with SCOPS on 9/24/14. Topics include pre-adjudication of adjustment applications, RFEs for marriage and birth certificates, EAD processing times for Forms I-817, DACA renewal processing times, H-1B cap exemptions, EB-1-1 RFEs, and Matter of Lee.
AILA: Administration Trying to Drag Mothers and Children Back to Detention
In response to the Administration appealing bond decisions for some mothers and children released from Artesia, AILA President Leslie Holman stated, “I am utterly outraged by the latest tactics the Obama Administration has used to inflict needless misery on mothers and children seeking asylum.”
AILA: Expansion of Family Detention Means the United States Will Jail More Victims of Violence
AILA President Leslie Holman reacts to confirmation that a massive family detention facility will open in Texas saying, “You can call it a ‘Family Residential Center’ but it is a prison. Dilley will be the largest immigration detention facility nationwide—all for the purpose of jailing families.”
CA9 Remands CAT Claim for Further Proceedings
In an unpublished decision, the court remanded after finding that there was substantial evidence that the police did not provide the petitioner protection and noting changes in case law regarding the particular social group claim. Courtesy of Shara Svendsen.
BIA Holds Florida Third Degree Theft Not a CIMT
Unpublished BIA decision terminates proceedings upon finding third degree grand theft under Fla. Stat. 812.014 is not a CIMT and notes it reached same result in prior unpublished decision. Special thanks to IRAC. (Matter of Alvarez Fernandez, 9/23/14)
BIA Reverses IJ For Providing Required Advisals During Bond Proceedings
Unpublished BIA decision remands record because the IJ provided numerous required advisals during bond proceedings rather than removal proceedings. Special thanks to IRAC. (Matter of Deleon, 9/23/14)
BIA Says Respondent Is Ineligible for Cancellation of Removal
The BIA held an alien is ineligible for cancellation under INA §240A(b)(1)(C), if he falls within the scope of INA §212(a)(2)(B), for being convicted of two or more offenses for which the aggregate sentences imposed were five years or more. Matter of Pina-Galindo, 26 I&N Dec. 423 (BIA 2014)
CA2 Says Smuggling Bar Applies to Federal Aiding and Abetting Statute
Unpublished decision upholding the BIA’s finding that the smuggling bar under INA §212(a)(6)(E)(i) applies to an aiding and abetting conviction under 8 USC §1325(a)(1) and prevents a showing of good moral character, and also declining to apply categorical approach. Courtesy of Alison Berry.
CA1 Affirms Denial of Motion to Reopen
The court found the BIA did not abuse its discretion in denying the motion to reopen, finding petitioner was ineligible for adjustment as he did not voluntarily depart when required and he did not comply with ineffective assistance of counsel requirements. (Taveras-Duran v. Holder, 9/23/14)
CA9 Says CA Attempted Arson Is an Aggravated Felony (Updated 11/6/14)
The court held a conviction for attempted arson in violation of California Penal Code §455 was an aggravated felony and the additional element in the federal explosive materials statute is a purely jurisdictional element to be disregarded. (Sandoval-Gomez v. Holder, 9/22/14, vacated 10/24/14)
BIA Remands for Application of Realistic Probability Test in Moncrieffe and Duenas-Alvarez
The BIA held where a state statute covers a substance not included in a federal statute’s generic definition, there must be a realistic probability that the state would prosecute conduct falling outside the generic crime to defeat removability. Matter of Ferreira, 26 I&N Dec. 415 (BIA 2014)
BIA Reverses IJ For Considering Allegations in Complaint Unrelated to Crime of Conviction
Unpublished BIA decision remands for further consideration of whether stalking under Minn. Stat. 609.749(2)(1) is a CIMT whereas because the complaint on which the IJ relied did not charged the respondent with other offenses. Special thanks to IRAC. (Matter of Enriquez, 9/22/14)
AILA's Take on Asylum for Detained Families
AILA’s take on the Obama administration’s decision to deny asylum to Central American families fleeing violence.
Family Detention Case Examples
A compilation of case examples of mothers and children detained at the Artesia family detention center.