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
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.”
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.
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Unpublished BIA decision finds respondent showed sufficient diligence to warrant equitable tolling of deadline to file motion to reopen, and reopens proceedings because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)
September Update: AILA Response to Central American Humanitarian Crisis
September 2014 AILA member update on coordinated efforts to effect change on the UAC humanitarian crisis through liaison, legislative, and policy channels, as well as coordinating a pro bono response. This update is includes what we know, what actions are being pursued, and how to get involved.
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)
Media Talking Points for AILA Members on Administrative Reform
AILA Members can use these Talking Points when asked by the media or other stakeholders what the President can and should do to reform our broken immigration system through administrative reform.
CA11 Says Petitioner Must Apply for Adjustment Concurrently with §212(h) Waiver
The court held that a deportable noncitizen who has left and reentered the U.S. may not obtain a nunc pro tunc waiver of inadmissibility under INA §212(h) unless he concurrently applies for adjustment of status. (Rivas v. Att’y Gen., 9/3/14)
BIA Orders Further Consideration of Motion to Reopen Despite Respondent’s Removal
Unpublished BIA decision remands record and orders further consideration of motion to reopen in absentia order despite removal of respondent while case was on appeal. Special thanks to IRAC. (Matter of de Souza, 9/2/14)
CA1 Upholds Asylum Denial for Somali Petitioner
The court denied the petition for review, upholding the IJ and BIA’s adverse credibility determination for the Somali petitioner seeking asylum who used various, inconsistent bases. (Ahmed v. Holder, 9/2/14)
Immigration Law Advisor, July/August 2014 (Vol. 8, No. 6)
The July/August 2014 Immigration Law Advisor, a legal publication from EOIR, with an article on the circuit split on the finality rule, circuit court decisions for June 2014, recent BIA precedent decisions, and a regulatory update.
DHS Annual Report on Immigration Enforcement Actions During 2013
DHS Annual Report from the Office of Immigration Statistics on immigration enforcement actions taken during 2013. Report includes a description of the immigration enforcement process and apprehension and inadmissibility data, as well as trends and characteristics of enforcement actions.
DOJ OIL September 2014 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for September 2014, with articles on the BIA’s decision in Matter of A-R-C-G- and the Ninth Circuit’s decision in Rendon v. Holder, as well as circuit court decisions for September 2014 and monthly topical parentheticals.
BIA Says Change of Address Form Not Required if NTA Not Properly Served
Unpublished BIA decision rescinds in absentia order because NTA was not sent to respondent’s most recent address, finding that change of address obligations do not apply until after respondent can be charged with receiving the NTA. Special thanks to IRAC. (Matter of Frazi, 8/29/14)
CA6 Vacates and Remands, Finds Petitioner Timely Retracted His False Asylum Testimony
The court vacated the BIA’s decision that the petitioner’s voluntary confession of false asylum testimony was not retracted because it was untimely, and remanded for the BIA to determine his eligibility for cancellation of removal. (Ruiz v. Holder, 8/29/14)
BIA Reopens Sua Sponte to Permit Adjustment Based on Same-Sex Marriage
Unpublished BIA decision reopens proceedings sua sponte in light of respondent’s marriage to his U.S. citizen husband and Supreme Court and BIA decisions recognizing the validity of same-sex marriages under the immigration laws. Special thanks to IRAC (Matter of Lopez, 6/10/14)
DHS OIG Memo on Oversight of Detention of Unaccompanied Alien Children
DHS’s Office of Inspector General (OIG) memo with findings from unannounced site visits between 7/17/14 and 8/20/14 to determine the conditions of detention for unaccompanied alien children in DHS custody, stating “we did not observe misconduct or inappropriate conduct by DHS employees.”
AIM: Deporting Our Families
In August's Interview of the Month, we're joined by Yuri Gomez to discuss the impact that family deportations has on the U.S. citizen children left behind.
CA8 Denies Petitions to Review Asylum Denial for Burmese Petitioner
The court held the BIA did not abuse its discretion in denying the Burmese petitioner’s motion to remand and motion to reopen, citing numerous inconsistencies in her asylum claim relating to harm allegedly suffered in the Burmese army and in Thailand. (Lee v. Holder, 8/28/14)
Practice Advisory: Initial DACA and DACA Renewals
AILA, the American Immigration Council, and the National Immigration Project issued a joint practice advisory with updated information about Initial DACA and DACA Renewal, while also offering strategic advice for attorneys representing individuals who may qualify for DACA.
BIA Dismisses IAC Claim For Attorney’s Failure to Submit Bar Complaint Against Herself
Unpublished BIA decision dismisses motion to reopen because the attorney did not notify the state bar of the inadequacy of her own representation and because the respondent did not show substantial compliance with Matter of Lozada. Special thanks to IRAC. (Matter of Lei, 8/27/14)
BIA Reopens Proceedings Sua Sponte In Light of Tenth Circuit Decision on Child Abuse
Unpublished BIA decision reopens proceedings sua sponte in light of intervening decision in Ibarra v. Holder, holding that Colo. Rev. Stat. 18-16-401 is not a categorical crime of child abuse or neglect. Special thanks to IRAC. (Matter of Espinoza, 8/26/14)
CA9 Finds Indian Petitioner Eligible for Asylum Based on His Imputed Political Opinion
The court found the petitioner eligible for asylum and withholding, holding that mixed-motive analysis applies to cases governed by the REAL ID Act and that the petitioner’s imputed political opinion was at least one central reason the Indian police targeted him. (Singh v. Holder, 8/26/14)