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
CA7 Finds Judge Applied Wrong Standard in Assessing Continuous Residence
The court vacated and remanded, holding that the administrative law judge erred when he applied his own standard that imperfect recollection precluded a finding of continuous residence to qualify for cancellation of removal pursuant to INA §240A(d)(2). (Lopez-Esparza v. Holder, 10/23/14)
CA5 Says BIA Did Not Err in Determining Statute of Conviction Was Divisible
The court denied the petition, holding that under Descamps, 8 USC §554(a) was divisible and the BIA did not err in applying the modified categorical approach to determine whether the petitioner had been convicted of an aggravated felony. (Franco-Casasola v. Holder, 10/23/14)
EOIR Expands Legal Orientation Program Sites to Include Karnes
EOIR press release announcing that beginning 11/1/14, EOIR will provide assistance through the Legal Orientation Program (LOP) to families detained at the Karnes Family Residential Center. Since October 2013, the LOP has expanded to seven additional detention sites including Artesia.
CA1 Vacates and Remands Asylum Denial for Indonesian Christian
The court vacated the removal order and remanded, finding that the BIA gave an insufficient explanation of why the petitioner failed to demonstrate that she suffered past persecution as a Christian in Indonesia. (Panoto v. Holder, 10/22/14)
AAO Sustains I-601 Waiver, Finds Spouse Will Suffer Extreme Hardship if Separated from Husband
Unpublished AAO decision sustaining appeal of I-601 waiver, finding the U.S. citizen (USC) spouse would face extreme medical and financial hardship if separated, and other favorable factors including ties to a USC child and steady employment warranted discretion. Courtesy of Jennifer A. Gutierrez.
CA5 Rules Petitioner Is Not Entitled to Derivative Citizenship
The court denied the petition for review, holding that the petitioner did not reside permanently in the U.S. as contemplated by INA §321 because of his unlawful entry and status until age 23, and thus he was not entitled to derivative citizenship. (Gonzalez v. Holder, 10/21/14)
FY2014 USCIS Asylum Division Credible and Reasonable Fear Interview Statistics
USCIS Asylum Division statistics on credible and reasonable fear interviews conducted in Artesia, Karnes, and nationwide from July 2014 through October 2014. The report also includes processing times and statistics on requests for consideration.
AIM: DOMA and Immigration
For October’s Interview of the Month, Clement Lee, staff attorney at Immigration Equality, explains the Defense of Marriage Act in the immigration context. Immigration Equality was AILA's 2014 Arthur C. Helton Human Rights Award winner.
Practice Pointer: TSC Case Problem Resolution
The AILA TSC Liaison Committee explains the avenues for direct communication with TSC to resolve case problems such as priority date and cross-chargeability issues, as well as how to make sure your G-28 information is updated.
AILA Quicktake #103: Granting Asylum for Artesia Detainees
AILA member and Artesia volunteer Kim Hunter shares her client's experience in being kept in detention after being granted asylum.
EOIR Updates to Immigration Court Practice Manual
This page contains updates to EOIR’s Immigration Court Practice Manual.
CA4 Says Failure to Register as a Sex Offender in Virginia Is Not a CIMT
The court remanded with instructions to vacate the removal order, finding that the petitioner’s conviction for failure to register as a sex offender, in violation of §18.2-472.1 of the Virginia statutes, was not a crime involving moral turpitude (CIMT). (Mohamed v. Holder, 10/17/14)
Senate Democrats Press DHS Against Expansion of Family Detention System
A 10/16/14 letter from ten Senate Democrats, led by Senator Leahy (D-VT) to DHS Secretary Jeh Johnson opposing the expansion of the family detention system, specifically the Dilley family detention facility planned for Texas.
AIC Report on CBP Restrictions on Access to Counsel (Updated 10/29/14)
The American Immigration Council provides a summary of CBP policies related to access to counsel, based on documents obtained through a FOIA request. The summary addresses access to counsel in inspections and CBP detention, and policies on advisals of rights and the treatment of children.
Report Finding Returned Central American Migrants Face Serious Harm
Human Rights Watch (HRW) report with accounts from Central Americans in U.S. detention or who were recently deported to Honduras, finding that border officers failed to identify individuals facing serious risks and that some deported individuals provide accounts that should qualify them for asylum.
Domestic Violence Advocates Call for End of Family Detention
A statement from advocates of survivors of domestic violence and sexual assault calling for an end to the use of detention centers for immigrant women and children fleeing violence.
CA4 Says K-2 Visa Holder Seeking Adjustment Must be Under 21 at Time of Admission
The court upheld the BIA’s decision, which relied on Matter of Le to find that because the petitioner was over 21 when he entered the U.S. on a K-2 visa, his application for adjustment of status was properly denied and he was removable. (Regis v. Holder, 10/16/14)
IJ Terminates Removal Proceedings Since DHS Did Not Serve Identical NTAs
The IJ terminated the removal proceedings without prejudice, since the court and the respondent did not receive identical versions of the Notice to Appear (NTA). Courtesy of Vivian Szawarc.
HHS Funding to Support Legal Services for Unaccompanied Children
HHS notice of a $9 million direct legal representation project to provide representation to 2,600 unaccompanied minors throughout their immigration proceedings. ORR is awarding supplemental funds of approximately $4 million for FY2014, with remaining funds provided in FY2015. (79 FR 62159, 10/16/14)
AILA Quicktake #102: Karnes Family Detention Center
AILA Second Vice President Annaluisa Padilla joins to discuss her recent experience touring the family detention center located in Karnes, Texas, where she had the opportunity to meet with some of the detainees.
BIA Grants Interlocutory Appeals Seeking Change of Venue
Unpublished BIA decision grants interlocutory appeals of decision denying motion to change venue from Dallas to San Francisco in light of court’s proximity to respondent’s residence, witnesses, and attorney of record. Special thanks to IRAC. (Matter of Ventura-Ventura, 10/15/14)
BIA Vacates IJ Decision That Adopts Position of DHS Without Explanation
Unpublished BIA decision remands record because IJ decision stated without explanation, “I agree with and adopt the reasoning of the DHS motion.” Special thanks to IRAC. (Matter of Garcia, 10/15/14)
CA9 Says Arizona Law Denying Bail to Undocumented Immigrants Charged with Crimes Is Unconstitutional
The court held that Arizona’s Proposition 100 laws violated the substantive component of the Due Process Clause of the 14th Amendment, because the laws were not narrowly tailored to serve a compelling governmental interest. (Lopez-Valenzuela v. Arpaio, 10/15/14)
CA5 Finds Petitioner Knowingly and Intelligently Waived Appellate Rights
The court denied the petition for review, concluding that the record amply supported the BIA’s finding that the petitioner knowingly and intelligently waived his appellate rights at his initial hearing. (Martinez v. Holder, 10/15/14)
BIA Reopens Sua Sponte in Light of Supreme Court Decision in Vartelas
Unpublished BIA decision reopens proceedings sua sponte in light of Supreme Court decision in Vartelas v. Holder to consider evidence that trip abroad was "innocent, casual, and brief." Special thanks to IRAC. (Matter of Liriano, 10/14/14)