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 on Using the Categorical Approach to Assess Overbroad Controlled Substance Statutes
AILA amicus brief urging the Board of Immigration Appeals to assess overbroad controlled substance statutes under the categorical approach, and to reaffirm that the modified categorical approach is applicable only to divisible statutes.
ICE Directive on Sexual Abuse and Assault Prevention and Intervention
ICE directive, dated 5/22/14, establishing policy and procedures for prevention of sexual abuse or assault of individuals in ICE custody and providing agency-wide policy and procedures for timely notification of sexual abuse and assault allegations, prompt and coordinated response, and monitoring.
AILA Quicktake #76: Response to CIS Report
Last week, the Center for Immigration Studies (CIS) released a report claiming U.S. Immigration and Customs Enforcement (ICE) is setting free tens of thousands of dangerous criminals. Ben Johnson, Executive Director of the American Immigration Council (AIC) explains where the CIS report is in error.
BIA Holds It Lacks Jurisdiction to Review “No Risk” Determination in Adam Walsh Act Cases
The Board held that it does not have jurisdiction to review a “no risk” determination by USCIS when reviewing cases involving the Adam Walsh Act, including the appropriate standard of proof to be applied. Matter of Aceijas-Quiroz, 26 I&N Dec. 294 (BIA 2014)
BIA Holds That USCIS Can Consider Underlying Conduct in Adam Walsh Act Cases
The Board held that USCIS may inquire into the facts and conduct underlying a petitioner’s conviction to determine if it is a “specified offense against a minor” under the Adam Walsh Act. Matter of Introcaso, 26 I&N Dec. 304 (BIA 2014)
CA8 Declines to Review MTR for Chinese Petitioner with Forced Sterilization Claim
The court declined to review the motion to reopen (MTR) denial, finding that petitioner did not produce previously unavailable documents and that they did not distinguish between women who have had children in China and those who return with children born abroad. (Chen v. Holder, 5/13/14)
CA9 Upholds Asylum Denial for Sikh Petitioner from India
The court denied the petition for review, upholding the BIA’s determination that there had been a fundamental change in circumstances such that the Sikh petitioner’s life would not be threatened on account of a protected ground if removed to India. (Singh v. Holder, 5/21/14)
The Sorry State of Our Detention System
Saluja Thangaraja was tortured, beaten and held captive in Sri Lanka, her homeland. She was lucky and managed to escape before she was killed. When she arrived in the United States - the land of freedom she was seeking turned out to be the exact opposite: she was imprisoned in a federal detention ce
Video: In-Depth Report on AILA's Prolonged Detention Briefs
AILA member Stephen Manning gives an in-depth analysis of prolonged detention in the immigration system. Recently, AILA filed two briefs encouraging Attorney General Eric Holder to adopt a comprehensive, rational immigration detention policy.
AILA Quicktake #75: Federal Immigration Detention Reform
Immigration attorney and member of AILA's Amicus Committee Stephen Manning discusses the importance of immigration detention reform.
AILA: Immigration Court Computer Failure Emphasizes Need for Increased Funding
AILA President Doug Stump welcomed the news that EOIR has fixed the month-long computer system failure that had plagued the country’s immigration courts but called for funding “sufficient to ensure that this kind of systemic failure doesn’t happen again.”
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.
CA2 Certifies Mens Rea Questions for CIMT Evaluation to Connecticut Supreme Court
In a crime of moral turpitude (CIMT) evaluation, the court was unable to determine what level of mens rea applied to the lack of consent element of a conviction for CT sexual assault in the fourth degree and certified the issue to the CT Supreme Court. (Efstathiadis v. Holder, 5/20/14)
BIA Upholds Retroactive Application of Adam Walsh Act
The Board held that the Adam Walsh Act (AWA) does not have an impermissible retroactive effect when applied to convictions that occurred before AWA was enacted. Matter of Jackson and Erandio, 26 I&N Dec. 314 (BIA 2014)
BIA Holds New York Fourth Degree Arson Not a CIMT
Unpublished BIA decision finds fourth degree arson under N.Y.P.L. 150.05 not a CIMT because perpetrators need not intend to damage property and says Descamps overrules Matter of Lanferman on divisibility. Special thanks to IRAC. (Matter of Hernandez-Hernandez, 5/20/14)
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.”
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)
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)
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.
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)