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
TRAC Report Finds Criminal Deportation Filings Drop to 12% in FY2014
Transactional Records Access Clearinghouse (TRAC) report finding that during the first five months of FY2014, only 12% of all filings in the Immigration Courts seeking to deport noncitizens have been based on alleged criminal activity, dropping from 14% during FY2013 and 16% in FY2012.
AILA Statement for FY2015 Senate Appropriations Hearing
AILA statement submitted to the Subcommittee on Homeland Security of the Committee on Appropriations of the U.S. Senate Hearing on the Department of Homeland Security fiscal year 2015 budget.
BIA Terminates Proceedings Against K Visa Holder Who Failed to Marry Within 90 Days
Unpublished BIA decision grants joint motion to terminate to permit adjustment of status before USCIS by respondent who entered on K visa but failed to marry for 273 days. Special thanks to IRAC. (Matter of Miles, 3/12/14)
BIA Holds Wisconsin Offense Not Sexual Abuse of a Minor
Unpublished BIA decision holds Wisconsin third degree sexual assault is not an aggravated felony involving sexual abuse of a minor in part because the victim's age is not an element of the crime. Special thanks to IRAC. (Matter of Martinez, 3/11/14)
BIA Remands to Consider Whether Wisconsin Offense is Aggravated Felony Under Moncrieffe
Unpublished BIA decision remands to consider whether delivery of THC in Wisconsin is an aggravated felony, stating that the statute "must indicate that the offense involved either remuneration or more than a small amount of marijuana." Special thanks to IRAC. (Matter of Pham, 3/11/14)
BIA Remands for Consideration of Eligibility for Voluntary Departure
Unpublished BIA decision remanding for consideration of the respondent’s eligibility for voluntary departure, as the respondent argued on appeal that he appeared pro se before the IJ and the IJ did not address his eligibility for voluntary departure. Courtesy of Cristobal Colindres.
CA9 Finds BIA Did Not Engage in Improper Fact Finding in Serious Crime Determination
The court found the BIA did not engage in improper fact finding when it concluded that petitioner was not eligible for withholding of removal because his California conviction for transportation of methamphetamine constituted a particularly serious crime. (Perez-Palafox v. Holder, 3/11/14)
AILA Statement for FY2015 House Appropriations Hearing
AILA statement submitted to the Subcommittee on Homeland Security of the Committee on Appropriations of the U.S. House of Representatives Hearing on the Department of Homeland Security fiscal year 2015 budget.
CA9 Finds California Felony False Imprisonment Is Not a CIMT
The court vacated the BIA’s final order of removal, holding that felony false imprisonment under California law is not a crime involving moral turpitude (CIMT), because it does not require the intent to injure, actual injury, or a protected class of a victim. (Turijan v. Holder, 3/10/14)
BIA Holds DUI on Suspended License Not a CIMT
Unpublished BIA decision holds DUI while on a suspended license under Ariz. Rev. Stat. 28-1383(A)(1) is not a categorical CIMT and that statute is not divisible under Descamps v. United States. Special thanks to IRAC. (Matter of Sainz, 3/10/14)
BIA on Visa Petitions by Stepparents
Unpublished BIA decision states that proof of active parenting and continuing financial support by stepparent is not required to find stepchild eligible for a visa petition. Special thanks to IRAC. (Matter of Alvarado Cortez, 3/10/14)
BIA Remands for Further Consideration of Motion to Suppress
Unpublished BIA decision remands for further consideration of motion to suppress because IJ made no findings regarding traffic stop conducted by local police or whether the respondent was interviewed by a federal immigration officer. Special thanks to IRAC. (Matter of Fonseca, 3/10/14)
BIA Remands Record to Consider Application Deemed Abandoned by IJ
Unpublished BIA decision grants DHS motion to remand to let respondent to submit CAT claim deemed abandoned by IJ because it was not filed by a court-imposed deadline. Special thanks to IRAC. (Matter of Mateo Mateo, 3/10/14)
BIA Remands Record Because Attorney Was Not Mailed Hearing Notice
Unpublished BIA decision remands record because respondent’s attorney was not mailed hearing notice despite having submitted an entry of appearance (Form EOIR-28). Special thanks to IRAC. (Matter of Cole, 3/7/14)
DHS Final Rule with Prison Rape Elimination Act (PREA) Regulations
DHS final rule with regulations setting standards to prevent, detect, and respond to sexual abuse and assault in DHS detention centers. Rule is effective 5/6/14. (79 FR 13100, 3/7/14).
CA5 Finds Aiding and Abetting Improper Entry Conviction Renders Petitioner Removable
The court denied the petition for review , concluding that the documents associated with petitioner’s conviction for aiding and abetting improper entry under §274(a) rendered him removable under §237(a)(1)(E)(i). (Santos-Sanchez v. Holder, 3/7/14)
CA8 Denies Petition to Review Cancellation Denial
The court denied the petition to review the cancellation of removal denial for the Nigerian petitioner with a previous sham marriage, finding no errors by the IJ or BIA regarding admission of testimony nor incorrect legal standards. (Zeah v. Holder, 3/6/14)
BIA Criticizes IJ For Denying Motion to Appear Telephonically
Unpublished BIA decision faults IJ for denying motion for telephonic appearance when the charges of removability were not contested and appearing in person required respondent and counsel to incur substantial financial difficulty. Special thanks to IRAC. (Matter of Shitote, 3/6/14)
CA3 Finds BIA Did Not Meaningfully Review New Evidence in Chinese Asylum Case
The court vacated the order denying the motion to reopen and remanded, finding that the BIA’s opinion did not reflect meaningful consideration of much of the evidence the petitioner submitted in support of her motion relating to forced sterilization in China. (Zhu v. Att’y Gen., 3/4/14)
CA3 Finds Immigration Detainers Do Not Compel Local LEAs to Detain Suspected Noncitizens
The court vacated and remanded, concluding that immigration detainers issued pursuant to 8 CFR §287.7 do not compel state or local law enforcement agencies (LEAs) to detain suspected noncitizens subject to removal pending release to immigration officials. (Galarza v. Szalczyk, 3/4/14)
CA7 Remands Asylum Denial for Landowner from Colombia
The court remanded, finding that the petitioner suffered direct persecution on account of being a landowner of means who refused to cooperate with the Revolutionary Armed Forces of Colombia (FARC) when the FARC threatened and kidnapped her father. (N.L.A. v. Holder, 3/3/14)
DOJ OIL March 2014 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for March 2014, with articles on CIMTs and adverse credibility determinations, as well as summaries of circuit court decisions for March 2014 and litigation highlights.
CA3 Finds NY Attempted Arson Is Not an Aggravated Felony
The court vacated the BIA’s decision and remanded, finding that the absence of the federal jurisdictional element in the New York arson statute exempts it from the INA §101(a)(43)(E)(i) definition of an aggravated felony. (Bautista v. Att’y Gen., 2/28/14)
BIA Administratively Closes Proceedings Against EWI With No Eligibility for Relief
Unpublished BIA decision administratively closes proceedings after DHS agrees to favorable exercise of prosecutorial discretion against respondent who entered without inspection and was not eligible for relief from removal. Special thanks to IRAC. (Matter of Garcia, 2/28/14)
AAO Sustains Appeal of I-601 Waiver for Pakistani Petitioner
Unpublished AAO decision sustaining appeal of an I-601 waiver, finding that the applicant’s spouse would suffer extreme hardship and warranted a favorable exercise of discretion, in light of the criminal conviction and fraudulent asylum application. Courtesy of Usman B. Ahmad.