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 New Members Division E-News, January 2015 (Vol. 6, Issue 6)
This latest edition of AILA’s newsletter targeted at new members includes expert tips for when your detained client is a U.S. citizen, an overview on how other nations are luring foreign investors, California’s AB60, DOL’s re-evaluation of PERM, and exploring the U visa.
USCIS Reminder for Requesting DACA
USCIS reminder that Form I-765 and required fees must be submitted with initial and renewal DACA requests. USCIS advises submitting DACA renewal requests between 150 and 120 days before the expiration date. USCIS’s processing goal is 120 days; inquiries can be submitted 105 days after filing.
AILA Quicktake #114: Beginning Arguments of Texas Lawsuit
American Immigration Council's Melissa Crow sits down to discuss what happened at Thursday's hearing, the beginning arguments on the lawsuit filed by Texas and 20-some other states seeking to negate President Obama’s executive actions on immigration.
BIA Grants Change of Venue After Interlocutory Appeal
Unpublished BIA decision granting respondent's interlocutory appeal challenging IJ’s denial of an unopposed motion to change venue, finding good cause for change from Dallas to New York due to proximity to his residence and witnesses. Special thanks to IRAC. (Matter of Sinchi-Sinchi, 1/16/15)
BIA Reopens Proceeding Based on Recent Marriage to U.S. Citizen
Unpublished BIA decision reopens proceedings over DHS opposition in light of recent marriage to U.S. citizen and filing of visa petition on respondent’s behalf. Special thanks to IRAC. (Matter of Bitzos, 1/15/15)
CA8 Affirms BIA’s Denial of Withholding and CAT Relief for Chinese Petitioner
The court upheld the BIA’s denial of withholding and CAT relief, finding that substantial evidence supported the BIA’s determination that petitioner failed to demonstrate it was more likely than not that she would be persecuted or tortured if she returned to China. (Chen v. Holder, 1/15/15)
CA4 Holds Unauthorized Use Under Va. Code § 18.2-102 Is Not an Aggravated Felony
The court vacated the removal order, holding that because there is a realistic probability Virginia would apply its unauthorized use statute, Va. Code § 18.2-102, to conduct that falls outside the BIA’s definition of theft offense, it is not an aggravated felony. (Castillo v. Holder, 1/14/15)
BIA Deems Application Submitted by Fax Abandoned
Unpublished BIA decision finds respondent abandoned request for 211(b) waiver because his attorney improperly filed Form I-193 by fax with the immigration court rather than as a paper submission. Special thanks to IRAC. (Matter of Gumbs, 1/13/15)
CA4 Says 4/30/01 Deadline in §245(i) Is Not Subject to Equitable Tolling
The court agreed with the BIA and the Ninth Circuit that the 4/30/01 deadline imposed on INA §245(i) operates as a statute of repose that is not subject to equitable tolling. (Prasad v. Holder, 1/12/15)
BIA Finds Unlawful Intercourse with a Minor Under California Penal Code Is an Aggravated Felony
The court concluded that the crime of unlawful intercourse with a minor in violation of California Penal Code §261.5(c) categorically constitutes “sexual abuse of a minor” and is an aggravated felony under INA §101(a)(43)(A). Matter of Esquivel-Quintana, 26 I&N Dec. 469 (BIA 2015)
BIA Finds Reckless Conduct under Texas Penal Code is CIMT
The BIA held that the offense of deadly conduct under the Texas Penal Code § 22.05(a), which punishes a person who “recklessly engages in conduct that places another in imminent danger of serious bodily injury,” is categorically a CIMT. Matter of O.A. Hernandez, 26 I&N, Dec. 464 (BIA 2014)
CA8 Holds Substantial Evidence Supports IJ’s Adverse Credibility Determination
The court denied the petition to review the asylum, withholding, and CAT denials, finding that the Somali petitioner’s inconsistent testimony and lack of corroborating evidence provided substantial evidence to support the IJ’s adverse credibility determination. (Ali v. Holder, 1/8/15)
CA2 Finds Waiver Available to LPR Who Adjusted Status
The court found petitioner, an LPR who initially entered lawfully without LPR status, is eligible to seek a §212(h) waiver because he is unambiguously not "an alien who has previously been admitted to the U.S. as an alien lawfully admitted for permanent residence." (Husic v. Holder, 1/8/15)
USCIS Fliers on Executive Actions on Immigration
USCIS fliers warning potential applicants to avoid scams relating to executive actions on immigration, not to submit requests until new initiatives are available, and providing eligibility requirements for expanded DACA and DAPA. Fliers are available in English, Korean, Spanish, and Vietnamese.
VOICE: January 2015
In the January 2015 VOICE, learn about collaborating with criminal defense counsel, resisting the pressure to reduce your fees, proving extreme hardship for a relative based on health issues, expanding your professional network with AILA’s free tools, and more!
BIA Grants Interlocutory Appeal Challenging Denial of Motion Change of Venue
Unpublished BIA decision grants interlocutory appeal challenging denial of a motion to change venue, finding proximity to respondent’s residence, witnesses, and attorney of record constituted good cause. Special thanks to IRAC. (Matter of Reyes, 1/7/15)
DHS OIG Report on Allegations of Inappropriate Relationships at Karnes Detention Facility
DHS’s Office of Inspector General released a report after conducting an investigation into allegations of inappropriate relationships between detention officers and female detainees at the Karnes Detention Facility. Investigation found no evidence to substantiate the allegations.
CA6 Says Crimes of Deliberate and Material Dishonesty Are Categorically CIMTs
The court held that crimes of deliberate dishonesty involving material facts are categorically crimes of moral turpitude and that the IJ did not violate petitioner’s due process rights by amending the NTA to reflect the correct statute of conviction. (Fayzullina v. Holder, 1/6/15)
DHS Update to ICE Alien Health Records System of Records
DHS notice on update of “DHS/ICE-013 Alien Health Records System of Records,” which maintains records that document the health screening, examination, and treatment of aliens arrested or detained by DHS or ICE. Comments are due by 2/4/15 and system is effective 2/4/15. (80 FR 239, 1/5/15)
DOS and DHS Launch Awareness Campaign on Executive Action on Immigration
DOS and DHS “Executive Action on Immigration: Know the Facts” awareness campaign, a national and international effort aimed at the Mexican and Central American public, explaining how DAPA will be implemented and who is eligible, in an effort to dispel potential misinformation.
BIA Says IJ Erred in Determining 42 USC §408(a)(8) Conviction Is a CIMT
Unpublished BIA decision reversing IJ’s decision to pretermit the cancellation application because petitioner was convicted of a CIMT, holding that neither fraud or deceit, or impairing the function of government are inherent in the statutory language of 42 USC §408(a)(8). Courtesy of Paul Scott.
BIA Holds Sexual Misconduct in Kentucky Not an Aggravated Felony or CIMT
Unpublished BIA decision holds sexual misconduct under Kent. Rev. Stat. 510.140 is not an aggravated felony rape offense and is not a CIMT because it can apply to voluntary sexual intercourse between closely aged minors. Special thanks to IRAC. (Matter of Delgado, 1/2/15)
BIA Holds Use of Another’s Social Security Number Not a CIMT
Unpublished BIA decision finds disclosure and use of another's Social Security number under 42 U.S.C. 408(a)(8) is not CIMT because neither offense does not require fraud, deceit, or impairing the function of the government. Special thanks to IRAC. (Matter of S-G-G-, 1/2/2015)
Immigration Law Advisor, January 2015 (Vol. 9, No. 1)
The January 2015 Immigration Law Advisor, a legal publication from EOIR, includes an article on issue preclusion in immigration, summaries of circuit court decisions for December 2014 and calendar year 2014 totals, summaries of recent BIA precedent decisions, and a regulatory update.
DOJ OIL January 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for January 2015, with an articles on Husic v. Holder and the AAO's publication of its practice manual, as well as summaries of circuit court decisions for January 2015.