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
AILA Amicus Brief Requesting BIA to Reexamine Adoption of Circumstance-Specific Methodology
AILA amicus brief to the BIA requesting the reexamination of its adoption of a circumstance-specific inquiry for the exception clause of the controlled substance ground of removability in light of Moncrieffe v. Holder and the continued validity of Matter of Davey.
ICE Shares Stories from Artesia Detention Facility Demonstrating Humanitarian Mission
ICE press release sharing the experiences ICE employees at the Family Residential Facility in Artesia. Stories included how a HSI special agent used his skills as an EMT to help a toddler experiencing a seizure and how agents and officers have been teaching children there American football.
BIA Distinguishes Moncrieffe and Reaffirms Matter of Davey
The BIA held the exception in INA §237(a)(2)(B)(i) calls for a circumstance-specific inquiry into the character of the unlawful conduct on a single occasion, not a categorical inquiry into the elements of a single statutory crime. Matter of Dominguez-Rodriguez, 26 I&N Dec. 408 (BIA 2014)
CA11 Says Silence in DOS Reports Cannot Rebut Evidence of Torture of Returned Asylum Seekers
The court vacated and remanded the 2013 order of removal, concluding that the silence in the DOS Country Reports could not, without more, rebut evidence presented that petitioner would suffer persecution as a failed asylum seeker if returned to Sri Lanka. (Gaksakuman v. Att’y Gen., 9/18/14)
EOIR Notice of Proposed Rulemaking on Custody and Bond Proceedings Representation
EOIR notice of proposed rulemaking to amend the regulations to allow a representative to enter an appearance in custody and bond proceedings without such an appearance constituting an entry of appearance for all Immigration Court proceedings. Comments are due by 11/17/14. (79 FR 55659, 9/17/14)
EOIR Notice of Proposed Rulemaking on Pro Bono Legal Services Providers List
EOIR notice of proposed rulemaking to change the name of the “List of Free Legal Services Providers” and to enhance the eligibility requirements for organizations, private attorneys, and referral services to be included in the List. Comments are due by 11/17/14. (79 FR 55662, 9/17/14)
BIA Says IJ Erred in Denying Continuance and Former Attorney Did Not Act Frivolously
Unpublished BIA decision remanding and permitting respondent to seek voluntary departure, holding IJ erred in denying request for a continuance, IJ did not err in denying administrative closure, and former attorney did not act frivolously in pursuing these requests. Courtesy of Jordan G. Forsythe.
BIA Orders Further Evaluation of Respondent’s Mental Competency
Unpublished BIA decision grants motion to reopen filed by DHS and orders further assessment of respondent’s mental competency. Special thanks to IRAC. (Matter of Davila, 9/17/14)
BIA Scolds Immigration Judge for Criticizing Attorney
Unpublished BIA decision criticizes IJ for accusing respondent’s attorney of filing frivolous motions for continuance or administrative closure and states that great care must be taken when suggesting an attorney’s conduct is unprofessional. Special thanks to IRAC. (Matter of Perez, 9/17/14)
CA3 Holds Pennsylvania Reckless Endangerment Conviction Is Not a CIMT
The court granted the petition and vacated the removal order, applying the categorical approach and concluding that the least culpable conduct under §2705 of Pennsylvania’s reckless endangerment statute did not implicate a crime involving moral turpitude (CIMT). (Mahn v. Att'y Gen., 9/17/14)
BIA Says Aggravated Felony Bar Applies to Conditional Permanent Resident Admitted at POE
The BIA held an alien admitted at a port of entry (POE) as a conditional permanent resident pursuant to §216(a) is “lawfully admitted for permanent residence” and is barred from an §212(h) waiver, if he was later convicted of an aggravated felony. Matter of Paek, 26 I&N Dec. 403 (BIA 2014)
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.
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)
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)
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.
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)
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.
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.
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.
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.