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
CA8 Denies Petitions to Review Asylum Denial for Burmese Petitioner
The court held the BIA did not abuse its discretion in denying the Burmese petitioner’s motion to remand and motion to reopen, citing numerous inconsistencies in her asylum claim relating to harm allegedly suffered in the Burmese army and in Thailand. (Lee v. Holder, 8/28/14)
DHS OIG Memo on Oversight of Detention of Unaccompanied Alien Children
DHS’s Office of Inspector General (OIG) memo with findings from unannounced site visits between 7/17/14 and 8/20/14 to determine the conditions of detention for unaccompanied alien children in DHS custody, stating “we did not observe misconduct or inappropriate conduct by DHS employees.”
AIM: Deporting Our Families
In August's Interview of the Month, we're joined by Yuri Gomez to discuss the impact that family deportations has on the U.S. citizen children left behind.
Practice Advisory: Initial DACA and DACA Renewals
AILA, the American Immigration Council, and the National Immigration Project issued a joint practice advisory with updated information about Initial DACA and DACA Renewal, while also offering strategic advice for attorneys representing individuals who may qualify for DACA.
BIA Dismisses IAC Claim For Attorney’s Failure to Submit Bar Complaint Against Herself
Unpublished BIA decision dismisses motion to reopen because the attorney did not notify the state bar of the inadequacy of her own representation and because the respondent did not show substantial compliance with Matter of Lozada. Special thanks to IRAC. (Matter of Lei, 8/27/14)
BIA Reopens Proceedings Sua Sponte In Light of Tenth Circuit Decision on Child Abuse
Unpublished BIA decision reopens proceedings sua sponte in light of intervening decision in Ibarra v. Holder, holding that Colo. Rev. Stat. 18-16-401 is not a categorical crime of child abuse or neglect. Special thanks to IRAC. (Matter of Espinoza, 8/26/14)
BIA Says Guatemalan Victim of Domestic Violence Is a Member of a Particular Social Group
The BIA held depending on specific facts, “married women in Guatemala who are unable to leave their relationship” can constitute a cognizable particular social group for asylum or withholding purposes. AILA submitted an amicus brief on this case. Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014)
BIA Terminates Removal Proceedings for Respondent from Bosnia-Herzegovina
Unpublished BIA decision finding that respondent’s willful misrepresentations of his military service in the Army of the Republika Srpska were not material, as they could not have influenced the decision to admit him as a refugee and grant his adjustment application. Courtesy of Paul Djurisic.
CA9 Finds Indian Petitioner Eligible for Asylum Based on His Imputed Political Opinion
The court found the petitioner eligible for asylum and withholding, holding that mixed-motive analysis applies to cases governed by the REAL ID Act and that the petitioner’s imputed political opinion was at least one central reason the Indian police targeted him. (Singh v. Holder, 8/26/14)
CA9 Holds Substantial Evidence Does Not Support BIA’s Adverse Credibility Determination
The court found the BIA’s adverse credibility determination was flawed when it relied on petitioner’s omission until cross-examination of details concerning third parties, which were not contradictory to his earlier testimony or application materials. (Lai v. Holder, 8/25/14, amended 11/4/14)
CA8 Declines to Review Cancellation Denial for Lack of Jurisdiction
The court found it lacked jurisdiction to review the BIA’s discretionary finding that petitioner’s removal would not result in extreme hardship and that there was no right to due process in the cancellation of removal remedy. (Hernandez-Garcia v. Holder, 8/25/14)
CA8 Says Salvadoran Petitioner Did Not Identify a Particular Social Group
The court agreed with the BIA that “men in El Salvador who fear gang violence because of a former gang member who is also their family member” was not a particular social group because it did not satisfy the visibility requirement. (Fuentes v. Holder, 8/22/14)
CA8 Vacates and Remands, Asks BIA to Clarify Frivolous Asylum Determination
The court found the BIA did not adequately explain its frivolous asylum determination relating to the fabrication of the preparer’s name and remanded with instructions to reconsider and clarify its decision. (Limbeya v. Holder, 8/22/14)
CA9 Grants Petition for Review, Finds BIA Misused Modified Categorical Approach
The court reversed and remanded, holding petitioner’s conviction of attempted second degree burglary under California Penal Code §459 could not qualify as an attempted theft offense under INA §101(a)(43)(U) and it did not render him ineligible for cancellation. (Rendon v. Holder, 8/22/14)
BIA on Terminating Deferral of Removal Under CAT
The BIA concluded that collateral estoppel does not prevent the IJ from reevaluating the alien’s credibility by comparing testimony when granted deferral of removal to testimony given at the termination hearing under 8 CFR §1208.17(d)(3). Matter of C-C-I-, 26 I&N Dec. 375 (BIA 2014)
BIA Holds Guilty Plea Without Conviction Not an Admission of Crime
Unpublished BIA decision states that a guilty plea which results in something less than a "conviction" is not tantamount to an "admission" of the crime. Special thanks to IRAC. (Matter of Garcia, 6/5/14)
IJ Grants Motion to Suppress, Finds Traffic Stop Was Egregious Violation of Fourth Amendment
The IJ granted the motions to suppress and terminated removal proceedings for two respondents, finding respondents showed the traffic stop was unconstitutional, as it was not done “pending inquiry into a vehicular violation,” but because of ethnic appearance. Courtesy of Brian C. DiFranco.
Groups Sue over Artesia Deportation Process for Mothers and Children Escaping Violence in Central America
Complaint filed by AIC and other advocacy groups against the government, challenging policies denying due process to mothers and children who have fled extreme violence in Central America and are detained in Artesia, NM and asking the court to halt deportations. (M.S.P.C. v. Johnson, 8/22/14)
BIA Holds Grant of U Status Qualifies as “Admission”
Unpublished BIA decision holds noncitizen granted U nonimmigrant status within the United States was “admitted” for purposes of INA 237(a) and properly subject to grounds of deportability. Special thanks to IRAC. (Matter of Ramirez-Lainez, 8/21/14)
BIA Dismisses Charges of Removability Under INA §§237(a)(2)(A)(iii) and 237(a)(2)(E)(i)
Unpublished BIA decision terminating removal proceedings, finding Ninth Circuit law precluded respondent from being removable for an aggravated felony and his conviction of attempted child molestation under Washington law did not qualify as a crime of child abuse. Courtesy of Robert L. Jaeggli.
CA7 Says Petitioner Is Eligible for §212(c) Relief
The court remanded the §212(c) denial, concluding the BIA committed legal error by failing to follow its own precedent and giving substantial weight to an arrest report absent a conviction or corroborating evidence of the allegations contained therein. (Avila-Ramirez v. Holder, 8/21/14)
CA2 Says New York Third Degree Arson Is an Aggravated Felony
The court deferred to the BIA’s reasonable determination that a conviction for attempted third degree arson under New York Penal Law §§110 and 150.10 constitutes an aggravated felony, rendering the petitioner ineligible for cancellation of removal. (Torres v. Holder, 8/20/14)
CA2 Denies Relief, Says Organized Crime Convention Is Not Self-Executing
The court denied the petition for review, finding that the witness protection provisions of the United Nations Convention Against Transnational Organized Crime (CATOC) were not self-executing and could not be enforced absent implementing legislation. (Doe v. Holder, 8/19/14)
CA2 Says Chinese Petitioner’s Pro-Democracy Activism Constitutes Changed Circumstances
The court remanded, finding the IJ erred when holding that because petitioner’s pro-democracy political opinion reflected views he had when he emigrated, the activism did not constitute changed circumstances that excused untimeliness pursuant to INA §208 (a)(2)(D). (Lin v. Holder, 8/19/14)
CA10 Asks BIA to Clarify Whether Discrepancies Provide Sufficient Basis for Denying Cancellation
The court held the BIA acted within its discretion in rejecting the wife’s ineffective representation of counsel claim but remanded the husband’s claim to clarify whether the discrepancies relating to continuous residence were sufficient for denying cancellation. (Rivera v. Holder, 8/19/14)