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
Southern District of New York on “Released” Under INA §236(c)
The court held that the petitioner was not subject to mandatory detention under INA §236(c) because he had never been "released" from a custodial sentence relating to a removable offense and orders him released unless ICE accords him a bond hearing within 30 days. Courtesy of Michael Z. Goldman.
AILA Amicus Brief Argues §212(h) Waiver Available to Petitioners Who Adjusted Status in the U.S.
AILA amicus brief to the Eighth Circuit Court of Appeals arguing that §212(h) waivers are available to legal permanent residents convicted of aggravated felonies if they adjusted status in the United States.
Senate Appropriations Field Hearing on Immigrant Enlistment in the Military
A 05/19/14 Senate Appropriations Defense Subcommittee field hearing on “Immigrant Enlistment: A Force Multiplier for the U.S. Armed Forces.”
EOIR Extension of Comment Request on Forms 42A and 42B
EOIR 30-day comment request on the Application for Cancellation of Removal (42A) for Certain Permanent Residents and Application for Cancellation of Removal and Adjustment of Status (42B) for Certain Nonpermanent Residents. Comments are now due by 6/16/14. (79 FR 28551, 5/16/14)
BIA Says New I-751 Need Not Be Filed in Removal Proceedings
Unpublished BIA decision holds IJ erred in finding respondent abandoned his I-751, saying he should have relied on joint petition denied by USCIS. Special thanks to IRAC. (Matter of Godke, 5/16/14)
CA9 Remands Asylum Denial for Chinese Petitioner
The court held substantial evidence did not support the IJ’s adverse credibility finding based on a discrepancy in dates in the evidence, as other evidence corroborated the explanation that one of the documents included an incorrect date due to a typographical error. (Zhi v. Holder, 5/16/14)
District Court Says Those Subject to INA §236(c) Must be Apprehended Immediately
The court found that the practice of imposing mandatory detention to individuals who committed an offense enumerated at INA §236(c)(1)(A)-(D) , but who were not apprehended immediately “when released” from state custody, violated the plain language of §236(c). (Preap v. Johnson, 5/15/14).
CA1 Declines to Review Second Motion to Reopen for Petitioner from China
The court found the BIA did not abuse its discretion in concluding that the petitioner’s evidence as to population control measures “in some areas of China” was insufficient to establish either a likelihood of persecution or materially changed circumstances. (Lin v. Holder, 5/14/14)
CA1 Declines to Review Petition for Guatemalan Petitioner
The court declined to review the withholding denial, upholding the BIA’s decision that concluded that “individuals perceived as wealthy on account of their return to Guatemala from lengthy stays in the U.S.” did not constitute a particular social group. (Sam v. Holder, 5/14/14)
Civil Immigration Detainers Backgrounder
An AILA background guide on civil immigration detainers.
TRAC Report Finds Arizona Is Driving Changes in Criminal Immigration Re-entry Prosecutions
TRAC report indicates substantial changes in criminal enforcement of immigration laws, particularly in southern border states. Report found a drop in the number of criminal prosecutions for illegal entry under INA §275, but a continued rise in prosecutions for illegal re-entry under INA §276.
CA9 Holds Sentencing Enhancements May Be Considered in "Particularly Serious Crime" Determinations
The court held that the IJ and BIA may consider sentencing enhancements for purposes of determining whether a noncitizen who has not committed an aggravated felony has nonetheless committed a particularly serious crime under INA §241(b)(3)(B)(ii). (Konou v. Holder, 5/9/14)
BIA Quashes Subpoena as Overbroad
Unpublished BIA decision sustains interlocutory DHS appeal challenging subpoena requiring production of documents from ICE and FBI as the IJ subpoena power is limited in nature. Special thanks to IRAC. (Matter of Qatanani, 5/13/14)
IJ Finds Venezuelan Petitioner Entitled to Relief Under VAWA and Cancellation of Removal
The IJ found respondent entitled to relief under VAWA and INA §240A(b)(2), finding that she was abused by her USC spouse and positive factors such as her good moral character outweighed the fact that she overstayed her visitor visa. Courtesy of Patricia S. Cooper.
BIA Applies §212(c) Waiver for Convictions Before and After April 1, 1997
Unpublished BIA decision for petitioner with 1991 and 1995 convictions, sustaining the appeal and reversing the IJ’s holding that the respondent’s 2010 conviction disqualifies him from a §212(c) waiver. Courtesy of Belinda Arroyo.
CA9 Remands, Considering Indonesian Petitioner’s Post-Removal Conversion to Christianity
The court held that a petitioner’s untimely motion to reopen may qualify under the changed conditions exception in 8 CFR §1003(c)(3)(ii), even if the changed country conditions are made relevant by a change in the petitioner’s personal circumstances. (Chandra v. Holder, 5/12/14)
CA1 Denies Motion to Reopen (MTR) for Indonesian Christian
The court declined to review the MTR denial on the basis of changed country conditions, finding the BIA did not abuse discretion when finding the evidence presented did not address a particular or individualized risk of harm if petitioner returned to Indonesia. (Simarmata v. Holder, 5/12/14)
CA1 Declines to Reopen Removal Proceedings for Haitian Petitioner Granted TPS
The court declined to reopen removal proceedings for the Haitian petitioner, holding the BIA correctly ruled that the temporary protected status (TPS) relief only served to prevent execution of the removal order and it did not affect the validity of the order. (Donnee v. Holder, 5/9/14)
AILA NBC Liaison Committee Meeting Minutes (5/9/14)
Meeting minutes from the AILA NBC Liaison Committee’s meeting with the National Benefits Center on 5/9/14. Topics included: I-485 and I-130 processing times, transfer notices issues, RFEs, I-601A provisional waivers, and adjustment of status based on VAWA.
CRS Report on Policy Discussions on the Unauthorized Population in the U.S.
Congressional Research Service (CRS) report on the current policy discussions regarding the unauthorized population in the U.S., including information on demographics of the population and a summary of current laws and policy options.
BIA Says IJs Must Explain Appeal Waiver is Irrevocable
Unpublished BIA decision finds respondent’s waiver of appeal was not knowing and intelligent because IJ did not explain that it was irrevocable. Special thanks to IRAC. (Matter of Mullins, 5/8/14)
Amicus Brief in Support of Attorney General Certification of Matter of Aguilar-Aquino
AILA amicus brief filed with the Board of Immigration Appeals seeking Attorney General certification of Matter of Aguilar-Aquino to address the definition of "custody."
Amicus Brief on Prolonged Detention Cases
AILA amicus brief filed with the Board of Immigration Appeals in support of ten different prolonged detention cases, arguing that the Attorney General should adopt a uniform, nationwide, pragmatic rule regarding all noncitizens whose detention is prolonged.
CA9 Remands Asylum Claim for Petitioner Fleeing Gang Violence in Guatemala
The court granted petition for review, finding it was unclear whether the evidence was sufficient to meet the revised social visibility standard in W-G-R and M-E-V-G, and remanded for BIA to consider the asylum claim in light of these decisions. (Pirir-Boc v. Holder, 5/7/14)
AIM: The DACA Dilemma
For May's Interview of the Month, immigration attorney and AILA member David Asser and DACA recipient Julio Sepulveda join us to discuss the DACA process and life as a DACA recipient. For more information, visit www.aila.org or download the free Pocket DACA app.