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
BIA Finds Failure to Prepare Affidavit of Support Constitutes Ineffective Assistance
Unpublished BIA decision finds respondent established a prima facie case of ineffective assistance based on allegations that prior attorney failed to prepare and submit Form I-864 in connection with adjustment application. Special thanks to IRAC. (Matter of Kurgat, 4/25/14)
BIA Finds N.Y. Attempted Second Degree Gang Assault 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Unpublished BIA decision terminates proceedings and holds New York attempted second degree gang assault is not a CIMT because the offense is “legally impossible” for trial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. Special thanks to IRAC. (Matter of Clase, 4/25/14)
CA1 Declines to Review Asylum Denial for Petitioner from Nepal
The court denied the petition to review the asylum denial, finding that the record evidence did not amount to past persecution, even though the Maoists also may have threatened the Nepali petitioner with a gun during the isolated event. (Thapaliya v. Holder, 4/24/14)
TRAC Report Finds ICE Rarely Uses Prosecutorial Discretion to Close Immigration Cases
Transactional Records Access Clearinghouse (TRAC) report finding that the use of prosecutorial discretion by ICE to close cases in the immigration courts continues to be relatively rare; only 6.7% of cases were closed on this basis between October 2012 and March 2014.
BIA Rescinds In Absentia Order Because Adult Did Not Receive Hearing Notice
Unpublished BIA rescinds in absentia order under Flores-Chavez v. Ashcroft, 362 F.3d 1150 (9th Cir. 2004), because the respondent was a juvenile and no adult was notified of the hearing. Special thanks to IRAC. (Matter of Rojop-Hernandez, 4/23/14)
CA1 Declines to Reopen Removal Proceedings for Sri Lankan Asylum Seeker
The court denied the petition to review the denial of the second motion to reopen, finding petitioner did not show that evidence of Sri Lanka’s history of torturing returned asylum seekers was unavailable and undiscoverable at the time of her removal proceedings. (Perera v. Holder, 4/22/14)
EOIR Asylum Statistics FY2009-FY2013
EOIR released asylum statistics broken down by fiscal year and nationality for FY2009 through FY2013.
EOIR Electronic Databases Functional Again (Updated 5/19/14)
EOIR update that their electronic databases are functional again but that they are continuing recovery efforts on other applications including eRegistration.
AILA Quicktake #70: DACA Renewals
As many of the first young immigrants who applied for DACA are looking at renewal, AILA Immediate Past President Laura Lichter shares important information about the upcoming process.
CA1 Declines to Review Asylum Denial for Colombian Petitioner
The court held that the Colombian petitioner did not establish past persecution or a well-founded fear of future persecution and thus found the petitioner’s asserted social group of widows of slain narco-traffickers moot. (Moreno v. Holder, 4/18/14)
CA9 Declines to Review Asylum Denial for Chinese Petitioner
The court found that under In Re J-S-, as a spouse of a victim of a forced abortion or sterilization, a reasonable factfinder would not be compelled to find that the petitioner either resisted China’s one-child policy or had suffered persecution. (He v. Holder, 4/17/14)
CA9 Declines to Review Withholding and CAT Denial for Dominican Petitioner
The court held substantial evidence supported the BIA’s adverse credibility determination based on petitioner’s various lies to U.S. officials and to the district court judge, especially about her identity and country of origin. (Garcia v. Holder, 4/16/14)
CA7 Declines to Review Removal Order for Petitioner with Multiple Identities
The court denied the petition for review, finding that the BIA did not err by finding that the petitioner, who had multiple identities, did not establish by clear and convincing evidence that he was inspected and admitted into the U.S. (Singh v. Holder, 4/16/14)
AILA Analysis of Deportation Figures
AILA analysis of deportation numbers from FY2002 to FY2012 showing the increase in removals at a time of decrease in apprehensions.
EOIR FY2013 Statistics Yearbook
EOIR FY2013 statistics yearbook with data on the Immigration Courts, BIA, and OCAHO. The yearbook, an annual compilation of data on respondents’ cases by nationality, language, and disposition, and provides detailed information surrounding asylum cases, used a new statistical methodology for FY2013.
EOIR 1-800 Number and Computer Systems Outage
EOIR alert that it is currently experiencing a systems outage involving several computer applications including eRegistration and the telephonic case information system (the 1-800 phone number). EOIR hopes to have the situation resolved in the near future.
AILA Liaison OSC Meeting Minutes (4/14/14)
Approved minutes from the AILA Verification & Documentation Liaison Committee’s 4/14/14 meeting with DOJ’s Office of Special Counsel. Topics include DACA, settlement agreements, discriminatory intent, I-9 self-audits and internal investigations, I-94 automation, hotline calls, and FY2014 trends.
CA5 Finds Petitioner Ineligible to Adjust under §245(i) Due to Fraudulent Entry
The court denied the petition for review, finding no error in the BIA’s determination that petitioner was statutorily ineligible for adjustment of status under INA §245(i) because she was inadmissible under INA § 212(a)(6)(C)(i) for fraudulent entry. (Sattani v. Holder, 4/14/14)
CA9 Declines to Review Asylum and Withholding Denial for Chinese Petitioner
The court held substantial evidence supported BIA’s reasonable determination that petitioner was not credible under the totality of the circumstances, including his non-responsive demeanor during cross-examination and affirmative misrepresentations of his residency. (Jin v. Holder, 4/14/14)
District Court Agrees with Third Circuit that Detainers Are Not Mandatory
The court agreed with the Third Circuit that detainers are not mandatory and found that the county violated the Fourth Amendment by holding the petitioner solely on the basis of the detainer, without determining whether it had probable cause. (Miranda-Olivares v. Clackamas County, 4/11/14)
USCIS Statistics on Minor Asylum Applicants
USCIS asylum office statistics, including information on minor principal applicants and asylum applicants of any age filing with USCIS under the initial jurisdiction provision of the TVPRA wile in removal proceedings, from 10/1/13 through 3/31/14.
AILA/EOIR Liaison Meeting Minutes (4/10/14)
Minutes from the 4/10/14 AILA EOIR Liaison Committee meeting with EOIR. Topics include eRegistry and eFiling, asylum and withholding cases, immigration court and BIA backlogs, implementation of the policy for detainees with serious mental disorders, the BIA zip code, U visas and the practice manual.
AILA/CBP Liaison Q&As (4/10/14)
The AILA CBP Liaison Committee provides approved Q&As from their meeting with CBP on 04/10/14. Topics include I-94 automation, blanket L validity, Officer’s Reference Tool, Pre-Clearance, FOIAs, ARO, parole, implementation of United States v. Windsor, Global Entry, and Trusted Traveler.
AILA ICE Liaison Committee Meeting Q&As (4/10/14)
AILA ICE Liaison Committee questions and answers from the 4/10/14 liaison meeting with ICE, including information on prosecutorial discretion, joint motions to reopen, the parental interests directive, deferred action and stays of removal, biometrics, and U visa applicants with a final order.
TRAC Report on ICE Deportation Data by Gender, Age, and Country of Citizenship
Transactional Records Access Clearinghouse (TRAC) report on FY2012 and FY2013 deportation counts by gender, age, and nationality for all countries.