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
BIA Says "Ordinary Case" Analysis Should Be Used to Determine if Offense Is Aggravated Felony
BIA held that the inquiry for an aggravated felony determination is whether the conduct encompassed by the crime’s elements presents a substantial risk that physical force may be used in committing the crime in the “ordinary case.” Matter of Mario Francisco-Alonzo, 26 I&N Dec. 594 (BIA 2015)
CA5 Says Judge’s Warning of “Likely” Deportation Not Enough Under Padilla
The court held that a judge’s statement at a guilty plea proceeding that deportation is “likely” did not bar the noncitizen defendant from demonstrating prejudice caused by his counsel’s failure to advise him of the deportation consequences of his plea. (United States v. Batamula, 6/2/15)
33 Senators Call on Administration to End Family Detention Policy
A 6/1/15 letter to DHS Secretary Jeh Johnson from 33 senators stating, “the prolonged detention of asylum-seeking mothers and children who pose no flight risk or danger to the community is unacceptable and goes against our most fundamental values.”
Supreme Court Says Only Substances Controlled Under §802 Trigger Removal
The Court found that, for removal purposes, INA §237(a)(2)(B)(i) limits the meaning of “controlled substance” to those defined in 21 USC §802, and the Government must connect an element of an immigrant’s conviction to a drug in §802 to trigger removal. (Mellouli v. Lynch, 6/1/15)
DOJ OIL June 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for June 2015, with articles on Kerry v. Din and Mata v. Lynch, as well as a discussion of H-1B fraud prosecution and summaries of circuit court decisions for June 2015.
CA7 Says Petitioner Was Prejudiced by Ineffective Assistance of Counsel
The court granted the petition for review, concluding that the BIA abused its discretion when it determined that the petitioner was not prejudiced by his attorney’s admission that the petitioner was not validly married to a U.S. citizen when he adjusted his status. (Habib v. Lynch, 5/29/15)
BIA Terminates Proceedings Because Ephedrine Is Not a Federally Controlled Substance
Unpublished BIA decision terminates proceedings because federal law regards ephedrine as a listed chemical rather than a controlled substance and Miss. Code Ann. §41-29-139 does not require intent to manufacture federally controlled substance. Special thanks to IRAC. (Matter of Kaur, 5/28/15)
AILA Case Examples on Immigration Enforcement
AILA highlights case examples where prosecutorial discretion should have been used in accordance with the November 20, 2014, DHS memorandum on enforcement priorities.
136 House Members Call For an End to Family Detention
A 5/27/15 letter from 136 members of the House of Representatives to DHS, calling for an end to family detention, stating “We believe the only solution to this problem is to end the use of family detention.”
AILA Applauds 136 House Members Standing Up for America’s Values
AILA President Leslie A. Holman applauded the 136 House members who joined together calling for an end to family detention saying “Calling out the Administration is not done lightly, but it is vital that the federal government understand that continuing this practice is immoral and inhumane.”
AILA Quicktake #127: 5th Circuit Appeals Decides on Emergency Stay
American Immigration Council's Melissa Crow discusses the 5th Circuit Court of Appeals' decision to refuse to lift the emergency stay on President Obama's executive actions yesterday.
Letter Regarding Franco-Gonzales Monitor’s Contact Information
Information about how to contact the court-appointed monitor regarding government compliance with Franco-Gonzalez v. Holder, a class action lawsuit concerning the rights of immigrant detainees in Arizona, California, and Washington with serious mental disabilities.
AILA: 5th Circuit Decision Disappointing But Not Surprising
AILA President Leslie A. Holman responded to today’s decision by the 5th Circuit Court of Appeals, saying: “It appeared early on that this particular panel of this particular court was unlikely to grant the stay. Thankfully though, this is far from the last word on the matter.”
BIA Says Predictive Findings of What May Occur in the Future Are Findings of Fact
The BIA held that an IJ’s predictive findings of what may occur in the future are subject to a clearly erroneous standard of review, but whether an applicant has established an objectively reasonable fear of persecution is reviewed de novo. Matter of Z-Z-O-, 26 I&N Dec. 586 (BIA 2015)
CA3 Finds There Is No Duress Exception to the Material Support Bar
The court upheld the BIA’s denial of petitioner’s asylum application, finding that voluntary as well as involuntary material support, even when provided under threat of death, bars an immigrant from receiving asylum or withholding of removal. Amended on 6/1/15. (Sesay v. Att’y Gen., 5/26/15)
CA9 Says Application of U.S. Immigration Laws Was Not Impermissibly Retroactive
The court held U.S. immigration laws could properly be applied to petitioner within the Commonwealth of Northern Mariana Islands, even though he entered the territory, committed the crime, and was convicted before U.S. immigration laws were extended to the CNMI. (Mtoched v. Lynch, 5/22/15)
CA5 Says Wave-Through at Port of Entry Is an “Admission in Any Status”
The court reversed, holding that a wave-through at a port of entry is an "admission in any status" under §1229b(a)(2), and that petitioner, an LPR, was thus eligible for cancellation of removal relief. (Tula-Rubio v. Lynch, 5/21/15)
CA2 Upholds BIA’s Determination That Incomplete NTA Can Still Trigger Stop-Time Rule
The court denied the petition for review, holding that BIA’s determination that a notice to appear need not include the date and time of the initial hearing to trigger the stop‐time rule is a permissible construction of the INA and thus entitled to deference. (Guaman-Yuqui v. Lynch, 5/19/15)
House Members Hold Press Conference to #EndFamilyDetention (5/21/15)
Members of the House held a press conference to demand that DHS end family detention. Watch video of this moving and impactful press conference.
BIA Rescinds in Absentia Order Against Respondent Who Moved Prior to Mailing of NTA
Unpublished BIA decision reopens proceedings in light of evidence that the respondent moved prior to the mailing of the Notice to Appear and thus was not notified of his obligation to inform the immigration court of any change of address. Special thanks to IRAC. (Matter of Zapata, 5/21/15)
BIA Upholds Grant of Cancellation of Removal Despite Inconclusive Record of Conviction
Unpublished BIA decision holds inconclusive record of conviction does not preclude a respondent from establishing eligibility for cancellation of removal under the U.S. Supreme Court’s decision in Moncrieffe v. Holder. Special thanks to IRAC. (Matter of E-H-, 5/20/15)
CA9 Says Grand Theft Conviction in California Not a Categorical Aggravated Felony
The court held that the petitioner’s grand theft offense was not a categorical aggravated felony under California Penal Code §487(a), and that his waiver of his right to appeal to the BIA was not considered and intelligent. (Garcia v. Lynch, 5/20/15)
CA8 Says It Lacks Jurisdiction to Review Hardship Claim
The court denied the petition for review, holding that it lacked jurisdiction to review the BIA’s discretionary decision to deny petitioner’s claim of exceptional and extremely unusual hardship to his son. (Salas-Caballero v. Lynch, 5/20/15)
EOIR Announces New Office of Legislative and Public Affairs Staff
EOIR notice announcing the hiring of two new personnel in the Office of Legislative and Public Affairs (OLPA). Nathan Berkeley joins the OLPA at Headquarters as the first outreach director and LaFondra Lynch will serve in Atlanta as the agency’s first regional public information officer (PIO).
CA5 Holds “Sole Legal Custody” Required Only in Cases with Joint Custody Order
The court held that BIA misinterpreted the reach of Bustamante-Barrera v. Gonzales, which requires “sole legal custody” only when an alien minor’s parents have a joint custody order following divorce or judicial separation. (Kamara v. Lynch, 5/18/15)