Featured Issues

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.

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Updates from EOIR

Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
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CIS Ombudsman Annual Report 2014

The Office of Citizenship and Immigration Services Ombudsman’s 2014 Annual Report, containing an overview of the Ombudsman’s mission and services, a review of USCIS programmatic and policy achievements, and a detailed discussion of pervasive and serious remaining problems and recommendations.

CRS Report with FAQs on Legal Issues of UACs

Congressional Research Service (CRS) report with FAQs on the legal issues surrounding the unaccompanied alien children (UAC) crisis, including difference between UACs and special immigrant juvenile status, the Flores settlement, custody issues, and rights of UACs.

Cases & Decisions, Federal Court Cases

CA3 Says Firearms Dealing Without a License Is Not a CIMT

The court reversed the BIA’s conclusion, holding that the BIA was incorrect in finding that petitioner’s conviction of firearms dealing without a license under 18 USC §§922(a)(1)(A) and (a)(2) was categorically a crime involving moral turpitude (CIMT). (Mayorga v. Att'y Gen., 6/27/14)

6/27/14 AILA Doc. No. 14071140. Crimes, Removal & Relief
Cases & Decisions, Federal Court Cases

CA1 Finds BIA Committed Legal Error on “On Account of” Element of Guatemalan Asylum Claim

The court found the factual record did not preclude and would even allow the BIA to find that petitioners were members of a particular social group by virtue of their family relationship, without any need to show a further protected ground. (Aldana-Ramos v. Holder, 6/27/14, amended 8/8/14)

6/27/14 AILA Doc. No. 14070945. Asylum, Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

BIA Holds Voluntary Departure Applicant Deserved Additional Time to Present Passport

Unpublished BIA decision holds the IJ should have afforded respondent additional time to present his passport and remands record for further consideration of voluntary departure. Special thanks to IRAC. (Matter of Ramos, 6/27/14)

6/27/14 AILA Doc. No. 14092253. Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

IJ Holds Voluntary Departure May be Granted Nunc Pro Tunc

IJ William Van Wyke issues lengthy decision holding that respondents who left the country prior to appearing in court may receive voluntary departure nunc pro tunc in lieu of an in absentia removal order. Special thanks to IRAC. (Matter of Sanchez-Medina, 6/27/14)

6/27/14 AILA Doc. No. 14092252. Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

BIA Terminates Proceedings Against Respondent Convicted of False Imprisonment in Florida

Unpublished BIA decision terminates proceedings upon finding false imprisonment under Fla. Stat. 787.02(1) is not a categorical CIMT and the IJ improperly consulted a police report that was not incorporated into the plea. Special thanks to IRAC. (Matter of Sanchez Fajardo, 6/27/14)

6/27/14 AILA Doc. No. 14091902. Crimes, Removal & Relief

TRAC Report Finds Despite Rise in Felony Charges, Most Immigration Convictions Remain Misdemeanors

Transactional Records Access Clearinghouse (TRAC) report that during the first six months of FY2014, there was a surge of people charged with the more serious felony offense of illegal re-entry under INA §276; yet half of these cases were pled down to a petty misdemeanor for simple illegal entry.

6/26/14 AILA Doc. No. 14062647. Crimes, Removal & Relief

AILA Quicktake #85: House Hearings on Unaccompanied Minors

AILA's Second Vice President Annaluisa Padilla joins us via Skype to report on the two recent House Committee hearings regarding unaccompanied children at the border.

Federal Agencies, Agency Memos & Announcements

EOIR Announcement that eRegistration Application Is Available Again

EOIR announcement that the eRegistration application is again available for account requests and electronic filing of EOIR-27s and EOIR-28s. Users can access eRegistry via the link that has been available since June 2013: https://portal.eoir.justice.gov.

6/26/14 AILA Doc. No. 14062640. Removal & Relief

House Homeland Security Hearing on Unaccompanied Alien Minors

A 06/24/14 hearing in the House Homeland Security Hearing, “Dangerous Passage: The Growing Problem of Unaccompanied Children Crossing the Border.”

AILA Public Statements, Correspondence

AILA Statement for House Judiciary Committee Hearing on Unaccompanied Children

AILA Statement submitted to the House Judiciary Committee the 6/25/14 hearing on “An Administration Made Disaster: The South Texas Border Surge of Unaccompanied Alien Minors.”

Cases & Decisions, Federal Court Cases

CA1 Finds BIA Did Not Conduct Thorough CIMT Analysis and Remands

The court found the BIA did not conduct a thorough analysis in finding that shoplifting under Mass. Gen. Laws Ch. 266, §30A was a crime involving moral turpitude (CIMT), as it should have applied a categorical approach and analysis of the MA law instead of PA law. (Mejia v. Holder, 6/25/14)

6/25/14 AILA Doc. No. 14070844. Cancellation, Suspension & 212(c), Crimes, Removal & Relief

Secretary Johnson Congressional Testimony on Unaccompanied Children

DHS written testimony of DHS Secretary Jeh Johnson before the House Committee on Homeland Security on DHS efforts to address the recent rise in number of unaccompanied children and others crossing border in Rio Grande Valley.

AILA Public Statements, Correspondence

AILA Statement for House Committee on Homeland Security on Unaccompanied Children

AILA Statement submitted to the House Committee on Homeland Security for the 6/24/14 hearing on “Dangerous Passage: The Growing Problem of Unaccompanied Children Crossing the Border.”

Federal Agencies, Agency Memos & Announcements

DHS Open Letter to Parents of Children Crossing Southwest Border

Open letter from DHS Secretary Jeh Johnson warning parents of unaccompanied children crossing southern U.S. border that sending children to travel to U.S. is dangerous, DACA relief is not available for these children, and if the children are caught, they will be placed in removal proceedings.

Cases & Decisions, DOJ/EOIR Cases

BIA Finds FGM Constitutes Exceptional and Extremely Unusual Hardship

Unpublished BIA decision grants cancellation of removal upon finding respondent’s U.S. citizen daughters would suffer exceptional and extremely unusual hardship in Senegal by being subject to female genital mutilation (FGM). Special thanks to IRAC. (Matter of K-C-, 6/23/14)

6/23/14 AILA Doc. No. 14091901. Asylum, Cancellation, Suspension & 212(c), Removal & Relief

AILA Quicktake #84: Announcement on Increased Family Detention Facilities

AILA's Second Vice President Annaluisa Padilla sits down to discuss the Obama administration's announcement to open additional detention facilities to address the humanitarian crisis at the border.

6/22/14 AILA Doc. No. 14062240. Asylum, Detention & Bond, Expedited Removal, Removal & Relief
AILA Public Statements

AILA: Increasing Detention Won’t Solve Humanitarian Crisis

AILA President Leslie A. Holman responded to the Obama Administration’s announcement that the detention of families will increase saying, “Frankly, I’m surprised at this because I believe that our country’s values center on protecting families, and these particular families are so very vulnerable.”

CRS Report on Noncitizens’ Right to Counsel in Removal Proceedings

Congressional Research Service (CRS) report providing an overview of the various legal authorities governing noncitizens’ right to counsel, as that term is broadly understood, in removal proceedings. Report includes analysis of right to counsel at noncitizens’ expense and at government’s expense.

6/20/14 AILA Doc. No. 14070852. Removal & Relief
Federal Agencies, Agency Memos & Announcements

White House Fact Sheet on Unaccompanied Children from Central America

White House fact sheet released on 6/20/14 announcing that the Obama Administration is partnering with Central American governments to address underlying security and economic issues that cause migration, by increasing enforcement and providing millions of dollars in financial and program support.

Federal Agencies, Agency Memos & Announcements

DHS Fact Sheet on Temporary Detention Facility for Adults with Children in Expedited Removal

DHS fact sheet on the establishment of a temporary detention facility for adults with children in expedited removal on the Federal Law Enforcement Training Center's Artesia, NM campus, to hold and expedite removal of the increasing number of these individuals crossing the southern U.S. border.

6/20/14 AILA Doc. No. 14062544. Detention & Bond, Expedited Removal, Removal & Relief
Federal Agencies, Agency Memos & Announcements

USCIS Reminder to Use Revised Form I-821D, Dated 6/4/14

USCIS reminder that revised Form I-821D, Consideration for Deferred Action for Childhood Arrivals (DACA), dated 6/4/14, must be used to submit initial or renewal requests. USCIS will reject any previous versions of Form I=821D. The last day to use previously accepted versions was 6/5/14.

6/20/14 AILA Doc. No. 14062042. DACA, Deferred Action, Prosecutorial Discretion, Removal & Relief

BIA Holds Parent’s Continuous Physical Presence and Residence in U.S. Cannot Be Imputed to Child to Establish Child’s TPS Eligibility

The Board sustained the appeal and remanded, holding that a parent’s continuous physical presence and continuous residence in the U.S. cannot be imputed to a child for purposes of establishing the child’s eligibility for TPS. Matter of Duarte-Luna, 26 I&N Dec. 325 (BIA 2014)

Cases & Decisions, DOJ/EOIR Cases

BIA Reverses Cancellation Denial, Says USC Daughters Would Experience FGM in Senegal

Unpublished BIA decision reversing and vacating cancellation denial, citing country reports and finding that respondent met her burden of establishing extreme hardship to U.S. citizen daughters if they were removed to Senegal, as they would be subject to FGM. Courtesy of Theodore M. Davis.

6/19/14 AILA Doc. No. 14071655. Cancellation, Suspension & 212(c), Removal & Relief