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
Practice Alert: ICE Will Agree to Reopen Removal Proceedings in Same-Sex Marriage Cases
In response to a question posed at the April 10, 2014 AILA-ICE liaison meeting, ICE OPLA announced that it will agree to join Motions to Reopen where the respondent entered into a lawful, bona fide, same-sex marriage after having been ordered removed and there is newly-available relief.
AILA Letter to the Attorney General Asking for Certification
A 5/6/14 letter from AILA to Attorney General Eric Holder urging certification of several cases pending before the BIA and the related case of Matter of Aguilar-Aquino on the issues of prolonged detention and the definition of "custody."
CA11 Vacates and Remands BIA Order Involving Ineffective Assistance of Counsel Claim
Unpublished circuit court decision finding the BIA ignored petitioner’s legal argument that he was eligible for §212(c) relief and was prejudiced by his counsel’s failure to meet the call-up date. Courtesy of Andrea Montavon-McKillip and Ysabel Hernandez. (White v. U.S. Att’y Gen., 5/6/14)
CA7 Declines to Review Petition for Roma Asylum Seeker from Bulgaria
The court denied the petition for review, affirming the IJ’s adverse credibility determination and finding that the petitioner could not provide evidence outside her testimony that she was persecuted because she is Roma. (Georgieva v. Holder, 5/6/14)
BIA Terminates Proceedings After Criminal Judge Clarifies Sentence
Unpublished BIA decision terminates proceedings after taking administrative notice of an order from the state trial judge clarifying that the respondent’s entire sentence was to be served on probation. Special thanks to IRAC. (Matter of Ruela, 5/5/14)
District Court Agrees with Circuit Court that Detainers Are Not Mandatory
The court determined detainers are not mandatory and found plaintiff had a claim against police and county defendants for detaining him without probable cause, noting local officers generally lack authority to make civil immigration violation arrests. (Villars v. Kubiatowski, 5/5/14)
EOIR Extension of Comment Request on Form EOIR-26
EOIR 30-day notice of request for comments on Form EOIR-26, Notice of Appeal From a Decision of an Immigration Judge. Comments are now due on 6/4/14. (79 FR 25617, 5/5/14)
AILA and AIC Comments on Revised Form I-821D Following 30-Day Comment Extension
AIC and AILA comments in response to a 30-day extension for comments on proposed revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals, and accompanying instructions. The revised form included information on the DACA renewal process.
BIA Holds Pennsylvania Possession of Marijuana with Intent to Deliver Not an Aggravated Felony
Unpublished BIA decision holds that possession with intent to deliver marijuana under 35 Pa. Stat. Ann 780-113(a)(30) is not an aggravated felony because it could apply to the distribution of a small amount of marijuana for no remuneration. Special thanks to IRAC. (Matter of Thaxter, 5/2/14)
AILA Amicus Briefs on the Categorical Approach and State Drug Convictions
AILA amicus brief and supplemental brief arguing that, under the categorical approach, courts must assess indivisibly overbroad controlled substance statutes categorically, and that the identity of a substance is a means, not an element, of the offense.
IJ Finds Noncitizen Respondent Was Misled By Government on Eligibility to Vote
The IJ found that the defense of official authorization was established, the respondent was not inadmissible under INA §212(a)(1)(D), and that she was otherwise qualified to adjust status and granted her application. Courtesy of Richard Hanus.
CA8 Finds Significant Discrepancies in Accounts of Border Crossing and Denies Petition
The court denied the petition for review, finding that the record evidence in this case did not compel the contrary conclusion that the petitioner proposed—that he entered the U.S. by car, rather than “afoot.” (Diaz-Perez v. Holder, 5/2/14)
DOJ OIL May 2014 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for May 2014, with articles on the BIA’s recent decisions on particular social groups, as well as information on the Adverse Credibility Project and summaries of circuit court decisions for May 2014.
BIA Orders Consideration of Eligibility for Provisional Waiver
Unpublished BIA decision remands record for consideration of request for administrative closure and eligibility for unlawful presence waiver. Special thanks to IRAC. (Matter of Ayebae, 5/1/14)
CA1 Declines to Review Asylum Denial for Sikh Petitioner from India
The court denied the petition for review, affirming the BIA and IJ’s conclusions that the petitioner lacked a well-founded fear of future persecution, given his ability to move to Delhi and remain in India for several months without further harassment or arrest. (Singh v. Holder, 4/30/14)
CA1 Agrees with BIA that Petitioner’s Third Motion to Reopen (MTR) Was Untimely
The court held the BIA acted within its discretion in finding that the petitioner’s third MTR was untimely, noting that petitioner did not demonstrate due diligence relating to his in absentia removal order to permit consideration of equitable tolling. (Wang v. Holder, 4/30/14)
VOICE: May 2014
In the May 2014 VOICE, learn about the appeal of an SB-1 visa, the U.S. Customs and Border Protection’s gross misconduct at the northern and southern borders of the United States, the basics of sending employees to work in Australia, and more!
BIA Orders Further Consideration of Adjustment Application
Unpublished BIA decision reopens proceedings in light of evidence submitted on appeal indicating respondent’s conviction involved less than 30 grams of marijuana, making him eligible to adjust status with a 212(h) waiver. Special thanks to IRAC. (Matter of Gamanga, 4/29/14)
BIA Holds Tennessee Burglary Offense Not an Aggravated Felony
Unpublished BIA decision terminating proceedings, finding that Tennessee Code 39-14-401 is not an aggravated felony because the statute includes vehicles in its definition of “habitation” and the record did not clarify what type of habitation was subject of the conviction. Courtesy of James Spokes.
ICE ERO Does Not Require Detainees’ Signatures on G-28s
ICE has informed AILA that ICE Enforcement and Removal Operations (ERO) no longer requires a detained foreign national’s signature on Form G-28. If you encounter a local office that still requires a detainee signature, please notify the AILA ICE Liaison Committee.
CA9 Vacates Removal Order for Petitioner with Hawaii Conviction
The court vacated the removal order, finding the petitioner was not categorically removable under INA §237(a)(2)(B)(i) because the Hawaii statute of conviction criminalized at least two substances that were not listed by the CSA. (Ragasa v. Holder, 4/28/14, amended 6/4/14)
Removal Without Recourse: The Growth of Summary Deportations from the United States
The American Immigration Council’s Immigration Policy Center released a report titled “Removal Without Recourse: The Growth of Summary Deportations from the United States,” on the increase in use of expedited removal and reinstatement of removal.
AILA Interagency Committee Meeting Minutes (4/25/14)
Minutes from the 4/25/14 AILA Interagency Liaison Committee meeting with EOIR, USCIS, and ICE. Topics include provisional waiver adjudications, I-130 petitions and biometrics appointments for individuals in proceedings, misrepresentation waivers under INA §237(a)(1)(H), and U visa coordination.
BIA Reopens Proceedings In Light of Totality of Circumstances
Unpublished BIA decision grants motion to reopen in light of lack of DHS response, claims of ineffective assistance of counsel, and potential eligibility for relief from removal. (Matter of Reyes, 2/25/14) Special thanks to IRAC.
BIA Holds “Legally Impossible” Offense Not CIMT
Unpublished BIA decision terminates proceedings and holds New York attempted second degree gang assault is not a CIMT because the offense is “legally impossible” for trial purposes. Courtesy of Ben Winograd. (Matter of Clase, 4/25/14)