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
Friend of the Court Model for Unaccompanied Minors in Immigration Proceedings
EOIR memorandum to IJs discussing the definition, scope, and application of the Friend of the Court model in immigration proceedings involving unaccompanied minors.
BIA Finds that Conspiracy to Traffic in Contraband Cigarettes Is Not a CIMT
Unpublished BIA decision remanding, finding that the respondent’s conviction for conspiracy to traffic in contraband cigarettes, under 18 USC §§371 and 2342(a) is not a crime involving moral turpitude (CIMT), and IJ erred in denying cancellation. Courtesy of Kristine E. Michel.
BIA Administratively Closes Proceedings After Redesignation of Haiti for TPS
Unpublished BIA decision administratively closes proceedings in light of respondent's potential eligibility for TPS following the redesignation of Haiti. Special thanks to IRAC. (Matter of Frederic, 9/10/14)
BIA Says Menacing in Oregon Is a CIMT
Unpublished BIA decision dismissing appeal and concluding that menacing in violation of §163.190 of the Oregon statute is categorically a crime involving moral turpitude (CIMT) and respondent is ineligible for cancellation of removal under §240(A)(b). Courtesy of Diana M. Bailey.
CA1 Dismisses Petition for Lack of Jurisdiction
The court held that because the BIA acted pursuant to its discretionary sua sponte authority, it lacked jurisdiction to review the petition. (Guerrero v. Holder, 9/9/14)
AILA Comments on EOIR Interim Rule on Designation of Temporary Immigration Judges
AILA comments in response to EOIR’s interim rule, published in the Federal Register on July 11, 2014, related to the creation of temporary immigration judge positions within the Office of the Chief Immigration Judge.
Recent Radio Interviews with Leslie Holman on UACs
AILA President Leslie Holman recently participated in a radio tour involving several stations around the country discussing the issue of unaccompanied children crossing the border and what factors motivate them to seek refuge. Two of the clips are available for download.
President Obama Doubles Down on Immigration Failures: Delays Executive Action and Ramps Up Jailing of Families
AILA President Leslie Holman reacts to the delay on executive action, saying “The attempt to deny protection to desperate refugees, and the delay on immigration action, make absolutely no fiscal or moral sense, and are built on questionable political assumptions.”
AILA Quicktake #96: AILA Recommendations on Administrative Reform
In this Quicktake, AILA Executive Director Crystal Williams discusses what some of AILA's recommendations to the Administration on executive action have been.
TRAC Report Finds Immigration Court Backlog Nears 400,000
Transactional Records Access Clearinghouse (TRAC) report finding that the number of cases awaiting resolution in the immigration courts has grown to 396,552 by the end of July 2014. The California Immigration Courts continue to have the greatest backlog, followed by Texas and New York.
CA9 Holds Matter of Jean Applies to Adjustment Applications Under INA §245(i)
The court upheld the BIA’s decision not to apply the categorical approach to determine if a crime is violent or dangerous for purposes of Matter of Jean and upheld the BIA’s extension of the standard to the context of adjustment under INA §245(i). (Torres-Valdivias v. Holder, 9/5/14)
BIA Reopens Proceedings after Equitably Tolling Filing Deadline
Unpublished BIA decision finds respondent showed sufficient diligence to warrant equitable tolling of deadline to file motion to reopen, and reopens proceedings because prior attorney provided ineffective assistance of counsel. Special thanks to IRAC. (Matter of Zambrano, 9/5/14)
CA9 Holds California Conviction for Possession of Marijuana for Sale Is an Aggravated Felony
The court held that a conviction for possession of marijuana for sale under California Health and Safety Code §11359 is categorically an aggravated felony, namely “illicit trafficking in a controlled substance,” under INA §101(a)(43)(B). (Roman-Suaste v. Holder, 9/4/14)
CA7 Says Knowledge Exception Argument to Material Support Bar Was Not Preserved
The court found petitioner failed to preserve his strong argument under §212(a)(3)(B)(iv)(VI) that the BIA erred by assuming that “knowledge of kidnapping and violence is per se sufficient to preclude one from invoking the knowledge exception.” (Khan v. Holder, 9/4/14)
Media Talking Points for AILA Members on Administrative Reform
AILA Members can use these Talking Points when asked by the media or other stakeholders what the President can and should do to reform our broken immigration system through administrative reform.
September Update: AILA Response to Central American Humanitarian Crisis
September 2014 AILA member update on coordinated efforts to effect change on the UAC humanitarian crisis through liaison, legislative, and policy channels, as well as coordinating a pro bono response. This update is includes what we know, what actions are being pursued, and how to get involved.
CA11 Says Petitioner Must Apply for Adjustment Concurrently with §212(h) Waiver
The court held that a deportable noncitizen who has left and reentered the U.S. may not obtain a nunc pro tunc waiver of inadmissibility under INA §212(h) unless he concurrently applies for adjustment of status. (Rivas v. Att’y Gen., 9/3/14)
CA1 Upholds Asylum Denial for Somali Petitioner
The court denied the petition for review, upholding the IJ and BIA’s adverse credibility determination for the Somali petitioner seeking asylum who used various, inconsistent bases. (Ahmed v. Holder, 9/2/14)
BIA Orders Further Consideration of Motion to Reopen Despite Respondent’s Removal
Unpublished BIA decision remands record and orders further consideration of motion to reopen in absentia order despite removal of respondent while case was on appeal. Special thanks to IRAC. (Matter of de Souza, 9/2/14)
Immigration Law Advisor, July/August 2014 (Vol. 8, No. 6)
The July/August 2014 Immigration Law Advisor, a legal publication from EOIR, with an article on the circuit split on the finality rule, circuit court decisions for June 2014, recent BIA precedent decisions, and a regulatory update.
DHS Annual Report on Immigration Enforcement Actions During 2013
DHS Annual Report from the Office of Immigration Statistics on immigration enforcement actions taken during 2013. Report includes a description of the immigration enforcement process and apprehension and inadmissibility data, as well as trends and characteristics of enforcement actions.
DOJ OIL September 2014 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for September 2014, with articles on the BIA’s decision in Matter of A-R-C-G- and the Ninth Circuit’s decision in Rendon v. Holder, as well as circuit court decisions for September 2014 and monthly topical parentheticals.
BIA Says Change of Address Form Not Required if NTA Not Properly Served
Unpublished BIA decision rescinds in absentia order because NTA was not sent to respondent’s most recent address, finding that change of address obligations do not apply until after respondent can be charged with receiving the NTA. Special thanks to IRAC. (Matter of Frazi, 8/29/14)
BIA Reopens Sua Sponte to Permit Adjustment Based on Same-Sex Marriage
Unpublished BIA decision reopens proceedings sua sponte in light of respondent’s marriage to his U.S. citizen husband and Supreme Court and BIA decisions recognizing the validity of same-sex marriages under the immigration laws. Special thanks to IRAC (Matter of Lopez, 6/10/14)
CA6 Vacates and Remands, Finds Petitioner Timely Retracted His False Asylum Testimony
The court vacated the BIA’s decision that the petitioner’s voluntary confession of false asylum testimony was not retracted because it was untimely, and remanded for the BIA to determine his eligibility for cancellation of removal. (Ruiz v. Holder, 8/29/14)