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
District Court Grants Writ of Habeas Corpus to Detainee Held More than Six Months
The district court in Pennsylvania granted the writ of habeas corpus in order to hold a bail hearing, finding that under §241(a)(1)(A) and Zadvydas, petitioner’s seven month post-removal detention was unreasonable. Courtesy of Raymond Lahoud.
EOIR List of Currently Disciplined Practitioners
EOIR list of currently disciplined practitioners. This list is updated by EOIR as necessary.
Video: The Top 5 Things You Need to Know on DACA Renewals
AILA Immediate Past President Laura Lichter shares insights on the newly released Deferred Action for Childhood Arrivals (DACA) renewal process.
AILA Welcomes Program to Help Unaccompanied Migrant Children
AILA President Doug Stump on the creation of "justice AmeriCorps" to help children in immigration court proceedings noted that "Building on the strong tradition of Americorps service is an inspired choice as these people want to make a difference and these children desperately need their help."
BIA Rescinds In Absentia Order of Respondent with Credible Fear
Unpublished BIA decision rescinds an in absentia removal order against respondent who diligently sought reopening and was found to have a credible fear of persecution. Special thanks to IRAC. (Matter of Aguilera, 6/6/14)
BIA Finds No Willful Misrepresentation by Respondent Unaware of Divorce
Unpublished BIA decision finds DHS did not prove respondent committed willful misrepresentation where he was unaware his wife had finalized their divorce prior to their joint interview. Special thanks to IRAC. (Matter of Sowah, 3/24/14)
CA8 Declines to Review Res Judicata Argument
The court denied the petition for review, finding that petitioner’s manslaughter and tampering with evidence convictions were two different causes of action, so that res judicata was inapplicable on these facts. (Cardona v. Holder, 6/6/14)
CA5 Says VA Offense Is Aggravated Felony and Denies Cancellation of Removal
The court found that the petitioner’s conviction under the Virginia statute meant that he was also convicted of sexual abuse of a minor, an aggravated felony, which precluded him from applying for special rule cancellation under §203 of NACARA. (Contreras v. Holder, 6/6/14)
BIA Reverses Visa Petition Revocation Based on Insufficient NOIR
Unpublished BIA decision reverses revocation of approved visa petition, finding the evidence in the record did not support the allegations of marriage fraud in the Notice of Intent to Revoke (NOIR). Special thanks to IRAC. (Matter of Bamfo, 6/5/14)
Georgia State Court Holds Sovereign Immunity Bars Declaratory Relief in DACA Recipient Tuition Case
The court granted the defendant’s motion to dismiss, holding that Georgia law bars declaratory relief due to sovereign immunity. Special thanks to Charles Kuck. (DACA Beneficiary Georgia College Students v. University System of Georgia’s Board of Regents, 6/9/14)
AILA: Renewal Process for DACA Opens; Get Started As Soon as You Can!
As USCIS announced the Deferred Action for Childhood Arrivals (DACA) renewal process, AILA President Doug Stump noted, “These two-year grants of deferred action have already made a tremendous impact on the lives of so many young people and on the communities in which they live, study, and work.”
USCIS DACA Renewal Resources
Resources on the DACA renewal process announced on 6/5/14. Effective immediately, USCIS will begin accepting renewal requests. USCIS will hold a teleconference today at 3pm to discuss the renewal process.
BIA Finds Removal Does Not Constitute Withdrawal of Appeal
Unpublished BIA decision holds that the removal of the respondent did not result in the withdrawal of an appeal challenging the denial of a timely filed motion to reconsider. Special thanks to IRAC. (Matter of Onyesoh, 6/4/14)
BIA Rescinds In Absentia Order Due to Conflicting Hearing Notices
Unpublished BIA decision rescinds in absentia order where immigration court issued three separate hearing notices, the last of which advanced the date of respondent’s hearing by nearly a year. (Matter of Lopez, 6/4/14)
BIA Holds Massachusetts Assault With a Dangerous Weapon Not an Aggravated Felony
Unpublished BIA decision reopens and terminates proceedings upon finding assault with a dangerous weapon under Mass Gen. Law ch. 265 15A(b) not a crime of violence under United States v. Fish (1st Cir. 2014). Special thanks to IRAC. (Matter of Da Costa, 6/4/14)
BIA Reopens Proceedings Where NTA Misspelled Name of Street
Unpublished BIA decision reopens in absentia order where address on NTA misspelled name of the street on which the respondent resided. Special thanks to IRAC. (Matter of Harnandez, 6/4/14)
BIA Rescinds In Absentia Order and Changes Venue Sua Sponte
Unpublished BIA decision rescinds in absentia order against respondent who was four years old at the time of the hearing, and changes venue from Texas to Florida to permit joinder of proceedings with respondent’s brother. Special thanks to IRAC. (Matter of Murillo, 6/3/14)
CA8 Upholds Asylum Denial for Petitioner Fearing FGM in Kenya
The court found that the petitioner did not prove prejudice when her hearing was conducted without the presence of counsel, because neither she nor her counsel set forth what evidence affirmatively proved that she was entitled to relief. (Njoroge v. Holder, 6/3/14)
AILA’s Take on No Process Removals
An AILA backgrounder on no-process removals, i.e. expedited removal and reinstatement of removal.
EOIR to Relocate Bloomington Immigration Court
EOIR announcement that the Bloomington Immigration Court will close on 7/2/14 to prepare for relocation. The Bloomington Immigration Court will recommence hearings at its new location of 7/7/14.
CA10 Upholds Cancellation of Removal Denial
The court found petitioner could not establish good moral character for cancellation since he served a period of confinement in excess of 180 days, and the nunc pro tunc order shortening the sentence did not impact the calculation of the confinement period. (Garcia-Mendoza v. Holder, 6/2/14)
BIA Orders Further Consideration of Sham Marriage Determination
Unpublished BIA decision orders further consideration of motion for continuance pending adjudication of appeal of denied I-130, notes that USICS may not rely exclusively on prior sham marriage finding. Special thanks to IRAC. (Matter of Abella, 6/2/14)
BIA Administratively Closes Proceedings Pending Availability of U Visa
Unpublished BIA decision administratively closes proceedings in light of the approval of the respondent’s U visa application and the grant of deferred action until a U visa becomes available. Special thanks to IRAC. (Matter of Barba Arreaga, 6/2/14)
DOJ OIL June 2014 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for June 2014, with articles on the Supreme Court’s decision in Scialabba v. Osorio, the CSPA, and post-parole convictions, as well as summaries of circuit court decisions for June 2014 and monthly topical parentheticals.
TRAC Online Resource Tool on Deportation Proceedings
Online resource tool from Transactional Records Access Clearinghouse (TRAC) which provides details of the charges filed in deportation proceedings by type of charge, state, nationality, Immigration Court and hearing location.