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
CA11 Says Petitioner Failed to Exhaust Argument that She Did Not Commit an Aggravated Felony
The court held the petitioner failed to exhaust her only ground for her expedited removal that her conviction for battery was not an aggravated felony and the BIA did not err when it rejected her withholding and CAT claims relating to sexual orientation. (Malu v. U.S. Att’y Gen., 8/19/14)
ICE Posts Its Bond Procedures Manual as a Result of FOIA Lawsuit
ICE published the agency’s Bond Management Handbook, a manual that provides instruction to agency staff about bond payment procedures, in its electronic library as a result of a lawsuit filed by the American Immigration Council and a number of bond funds from across the country.
CA9 Transfers U.S. Citizenship Claim to District Court for Evidentiary Findings
The court held that the petitioner may be able to establish citizenship if he could show that the INS’s mishandling of naturalization applications by petitioner and his mother resulted in a violation of his due process rights. (Brown v. Holder, 8/18/14)
CA3 Affirms Cancellation Denial and Ineligibility for §212(h) Relief
The court found Va. Code Ann. §54.1-3466 was sufficiently "related to" controlled substances for purposes of §212(a)(2)(A)(i)(II) and an inconclusive record of conviction did not satisfy petitioner’s burden of demonstrating eligibility for relief from removal. (Syblis v. Att'y Gen., 8/18/14)
Settlement Agreement Requires Government Reforms to Voluntary Return System
Settlement agreement reached in an ACLU class action law suit challenging DHS agents’ use of intimidation or misinformation to pressure plaintiffs to agree to voluntary return. Settlement includes reforms to voluntary return system and allows some plaintiffs to return to U.S.
AILA/AIC Amicus Brief Filed with CA2 on 212(h) Waiver Eligibility
AILA/AIC amicus brief filed with the Second Circuit arguing that 212(h) waivers are available to legal permanent residents (LPRs) convicted of aggravated felonies if the LPRs adjusted their status after entering the U.S.
BIA Holds IJ Allowed to Reopen In Absentia Order Sua Sponte
Unpublished BIA holds provisions for rescinding in absentia order in INA 240(b)(5)(C) do not trump IJs ability to reopen proceedings sua sponte. Special thanks to IRAC. (Matter of Garcia, 8/15/14)
BIA Holds Sale of Controlled Substance Under Florida Law Is “Illicit Trafficking” Aggravated Felony
The BIA held there is no mens rea required by the term “illicit” in §893.13(1)(a)(1) of the Florida statutes, where knowledge of the substance is required and an affirmative defense is available to show lack of knowledge of the illegal nature. Matter of L-G-H-, 26 I&N Dec. 365 (BIA 2014)
IJ Says Theft Under Texas Penal Code §31.03 Is Not a CIMT
The IJ held that since respondent could have been convicted of “intent to deprive” when she did not have an intent to deprive an individual of property permanently, the Texas theft statute is categorically overbroad and not a crime involving moral turpitude (CIMT). Courtesy of Nicholas D. Gordon.
CA8 Says Petitioner’s Due Process Rights Were Not Violated in Cancellation Denial
The court denied the petition, concluding that the BIA did not err in finding the evidence insufficient, and petitioner did not have a constitutionally protected liberty interest in cancellation of removal relief. (Nunez-Portillo v. Holder, 8/15/14)
Audio News Release: Children at the Border
AILA President Leslie Holman calls on the Administration, Congress and DHS to stop blanket deportation practices and asks for a humane solution to the emergency on the border.
EOIR Will No Longer Hear Cases From the Oklahoma City Hearing Location
EOIR notice announcing that, after 8/15/14, it will no longer hear cases at the Oklahoma City Hearing Location. Cases assigned there remain under the administrative control of the Dallas Immigration Court. Should any rescheduling be necessary, respondents and their attorneys will be notified.
NSC Liaison Q&As from Student, Schools, and Other Product Line Teleconference (8/14/14)
The NSC Liaison Committee’s unofficial Q&As from a stakeholder teleconference with NSC on 8/14/14. Topics included: K-3 and K-4 classification, I-130 processing times, re-entry permits, and DACA backlog.
CA9 Grants CAT Relief to Vietnamese Petitioner yet Finds Conviction Is a CIMT
The court granted the petition with respect to the CAT claim, yet held the BIA did not err in determining that petitioner’s conviction of misusing a passport to facilitate an act of international terrorism was a categorical crime involving moral turpitude (CIMT). (Nguyen v. Holder, 8/14/14)
CA2 Says Affidavits Do Not Suggest Egregious Constitutional Violations
The court denied the petitions for review, finding that the affidavits did not suggest egregious constitutional violations, as the day laborer petitioners were self-selected, and this could not support a basis for excluding the evidence. (Maldonado v. Holder, 8/14/14)
CA2 Says Written Warning on Asylum Application Satisfies Notice Requirement Under INA §208 (d)(4)(A)
The court held the BIA did not err in denying the adjustment application, as the petitioner received adequate notice of the consequences of filing a frivolous asylum claim through the written warning on the application, and the IJ did not need to warn him. (Niang v. Holder, 8/13/14)
CA2 Asks BIA for Redetermination of Particular Social Group Analysis for Albanian Women
The court vacated and remanded in consideration of In re M-E-V-G- and In re W-G-R-, which clarified the BIA’s interpretation of “particular social group,” in order to determine whether young Albanian women is a cognizable social group. (Paloka v. Holder, 8/7/14)
CA1 Declines to Review Withholding Denial for Guatemalan Petitioner
The court declined to review the withholding of removal denial, holding that substantial evidence supported the BIA’s findings that the petitioner did not establish past persecution or a clear probability of future persecution by the Guatemalan guerillas. (Bedoya v. Holder, 7/30/14)
CA5 Declines to Review Special Rule Cancellation Denial
The court concluded the government was not required to charge petitioner’s narcotics conviction in the NTA for that conviction to serve as a ground of inadmissibility for cancellation of removal for victims of domestic violence under INA §240A(b)(2). (Rodriguez-Benitez v. Holder, 8/13/14)
BIA Remands Record In Light of Pending U Visa Application
Unpublished BIA decision grants motion to remand in light of evidence submitted on appeal that respondent filed a U visa petition accompanied by required law enforcement certification. Special thanks to IRAC. (Matter of Urban, 8/13/14)
CA3 Declines to Review Withholding Denial for Mexican Gay Male with HIV
In a nonprecedential decision, the court found that substantial evidence supported the BIA’s conclusion that the petitioner failed to present adequate evidence linking harm from his uncle and the police officer in Mexico to his sexual orientation. (Gutierrez v. Att'y Gen., 8/12/14)
CA7 Says IJ’s Decision to Deny Cancellation Did Not Violate Due Process Rights
The court found jurisdiction under INA §242(a)(2)(D) to hold that as cancellation proceedings provide only discretionary relief, the IJ’s decision to deny cancellation did not violate any rights protected by the Fifth Amendment’s Due Process clause. (Adame v. Holder, 8/12/14)
CA2 Says Term of Imprisonment Under INA §101(a)(43)(G) Includes Recidivist Enhancements
The court held the BIA did not err in finding the petitioner removable, since it is the actual sentence imposed, including any recidivist enhancements applied, that is considered when determining the term of imprisonment under INA §101(a)(43)(G). (Dawkins v. Holder, 8/12/14)
CA1 Says IJ and BIA Did Not Adequately Explain El Salvador TPS Denial
The court vacated and remanded, finding that both the IJ and BIA failed to adequately explain the only finding they expressly made in considering the application for temporary protected status (TPS), which related to the date of petitioner’s entry. (Shul v. Holder, 8/11/14)
AILA Quicktake #95: University of Houston Law Center Prepares for Unaccompanied Children
In this Quicktake, AILA member and 2014 Elmer Fried Excellence in Teaching Award winner Geoffrey Hoffman discusses how the University of Houston's Law Center is spearheading efforts to help unaccompanied children placed in the area and how other AILA communities can get involved.