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
CA6 Dismisses Motion to Reopen for Lack of Jurisdiction
The court found it lacked jurisdiction to review the BIA’s denial of the petitioner’s second motion to reopen because of humanitarian factors, finding that the exercise of the BIA’s sua sponte authority was discretionary and not subject to judicial review. (Rais v. Holder, 9/16/14)
AILA Letter to Congress on Artesia
A 9/16/14 AILA letter to members of Congress urging action on the Artesia, NM family detention center.
AILA Letter to President Obama on Artesia
A 9/16/14 AILA letter to President Obama urging the closing of the Artesia, NM family detention center.
CA7 Holds Stop-Time Rule May Not Be Applied Retroactively
The court found that the stop-time rule of INA §240A(d)(1) would have an impermissible retroactive effect if it were applied to petitioner’s 1995 drug offense, and that he was eligible for cancellation since he accumulated the seven years of continuous residence. (Jeudy v. Holder, 9/15/14)
BIA Finds Respondent Eligible for Adjustment of Status
Unpublished decision sustaining appeal, finding respondent eligible for adjustment, as the equities of his lengthy residence in U.S., strong employment history, family ties to USCs, and rehabilitation, outweighed adverse factor of attempted sexual abuse conviction. Courtesy of Brian Conry.
BIA Holds California Conviction for Malicious Vandalism With Gang Enhancement Is CIMT
The Board held that a California conviction for malicious vandalism with a gang enhancement requiring that the underlying offense be committed to promote criminal conduct by gang members is a categorical crime involving moral turpitude. Matter of Hernandez, 26 I&N Dec. 397 (BIA 2014)
CGRS Practice Advisory on Domestic Violence-Based Asylum Claims
The Center for Gender & Refugee Studies (CGRS) practice advisory on domestic violence-based asylum claims, including an overview, guidance on asylum claims based on membership in a particular social group, and guidance on withholding of removal and CAT claims.
CNCS and DOJ Announce National Service Project to Assist Unaccompanied Children
The Corporation for National and Community Service (CNCS) and DOJ announced the creation of justice AmeriCorps Legal Services for Unaccompanied Children to increase national service while facilitating the adjudication of immigration proceedings involving certain unaccompanied children.
TRAC Report Finds Immigration Offenses Account for 80% of Deportation Orders
Transactional Records Access Clearinghouse (TRAC) report finding that only 16,375 out of 82,878 removal orders were based on criminal offenses and the remainder involved various immigration charges. The backlog of cases awaiting hearing has increased to 408,307 as of the end of August 2014.
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 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.
Denver Immigration Court To Take Over Artesia Docket
Effective 9/29/14, EOIR will assign immigration cases originating at the Artesia, NM, hearing location to IJs at the Denver Immigration Court in Denver rather than to IJs at the Headquarters Immigration Court in Arlington,VA. Denver IJs will hear cases via video-teleconference.
Docketing Practices Relating to Unaccompanied Children in Light of New Priorities
EOIR 9/10/14 memorandum to IJs addressing concerns related to continuances to obtain representation, adjournments for other reasons, and appearances by custodians, in light of docketing changes relating to unaccompanied children.
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 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.”
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 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)
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 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)