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
Updated Asylum Division Officer Training Course on Credible Fear Determinations
Updated lesson plan on credible fear determinations for the USCIS Asylum Division Officer Training Course.
USCIS Asylum Division Memo Releasing Revised Credible Fear Lesson Plan
USCIS memo releasing a revised credible fear lesson plan for its officer training course. The changes are made in light of an increase in credible fear referrals and include increased emphasis on the requirement for individuals to “demonstrate a substantial and realistic possibility of succeeding.”
DHS Announces Finalization of Prison Rape Elimination Act Standards
DHS press release announcing that the Prison Rape Elimination Act (PREA) regulations to prevent, detect and respond to sexual abuse and assault in DHS confinement facilities have been finalized, meeting a May 2012 Presidential Directive.
The Long-Awaited and Vitally Important PREA Rule is Imminent
We heard today that the long-awaited and vitally important Prison Rape Elimination Act (PREA) final regulations will likely be issued next week by the Department of Homeland Security (DHS). The importance of these regulations cannot be overstated. The PREA Commission found that immigrant detainees a
AILA Quicktake #67: Report on 2/26/14 House Hearings
AILA Director of Advocacy Greg Chen reports back on the immigration issues that came up in two House hearings held February 26, 2014.
BIA Vacates and Remands Asylum Denial for Russian Christian from Kazakhstan
The BIA sustained the appeal, vacated and remanded, finding the respondent met his burden to establish that he suffered past persecution in Kazakhstan on account of his Christian religion and Russian nationality. Courtesy of Alexander Segal.
CA6 Declines to Review MTR Denial Based on Prior Finding of Sham Marriage
The court found the BIA did not abuse its discretion in rejecting the motion to reopen (MTR) the removal proceedings, as the petitioner was ineligible for adjustment of status because of one prior finding of a sham marriage under INA §204(c). (Foythong v. Holder, 2/27/14)
BIA Finds Invalid Admission of Criminal Activity Does Not Trigger Stop-Time Rule
Unpublished BIA decision holds respondent’s admission of drug possession does not trigger stop-time rule because it did not comply with requirements in Matter of K-. (Matter of Mendoza, 2/26/14) Special thanks to IRAC
BIA Remands Record After Sentence Reduction
Unpublished BIA decision remands record after respondent’s criminal sentence was reduced to 364 days to consider eligibility for relief even though he entered without inspection. (Matter of Toledo, 2/26/14) Special thanks to IRAC
BIA Grants Motion to Remand Due to Intervening Marriage to LPR
Unpublished BIA decision remands record for consideration of voluntary departure due to respondent’s intervening marriage to LPR who intends to file I-130. (Matter of Hernandez, 2/26/14) Special thanks to IRAC.
BIA Remands Record Due to Matter of Sanchez Sosa
Unpublished BIA decision remands after IJ denied a continuance, and the Board issued Matter of Sanchez Sosa, which set factors for determining if good cause exists to continue removal proceedings to await U visa adjudication. Special thanks to IRAC. (Matter of Leanos, 2/26/14)
AILA Disappointed in House Hearing on Enforcement that Ignores the Obvious
In response to the House Judiciary Committee hearing, AILA President Doug Stump noted that “Instead of much of the rhetoric we heard at this hearing, our lawmakers should turn their attention to smart enforcement strategies as part of a comprehensive reform of our broken immigration system.”
VOICE: March 2014
In the first revamped issue of VOICE this year, read about Miami-Dade County’s refusal to honor ICE detainers without reimbursement, learn strategies for seeking asylum for deaf immigrants, see India through the eyes of two attorneys who participated in last November’s AILA-sponsored trip, and more!
DACA Checklist/Worksheet Received Via FOIA
USCIS checklist and worksheet for Form I-821D, Consideration of Deferred Action for Childhood Arrivals (DACA), received via a FOIA request. Special thanks to Charles Kuck.
EOIR Request for Comments on Form EOIR-26
EOIR 60-day notice of information collection on Form EOIR-26, Notice of Appeal From a Decision of an Immigration Judge. Comments will be accepted until 4/28/14. (79 FR 10563, 2/25/14)
BIA Remands 212(h) Claim Sua Sponte After Ninth Circuit Decision
Unpublished BIA decision remands sua sponte in light of intervening Ninth Circuit decision holding the 212(h) aggravated felony bar does not apply to applicants who adjusted to LPR status post-entry. (Matter of Lino, 2/25/14) Special thanks to IRAC.
CBP Issues Memo and Muster on Processing Non-Arriving Individuals
CBP released a redacted memo and muster providing guidance on actions CBP officers can take when they encounter individuals who are non-arriving and are inadmissible or removable.
BIA Administratively Closes Proceedings After Grant of DACA
Unpublished BIA decision grants motion to administratively close proceedings in light of grant of DACA application and to sever proceedings with respondent’s mother. (Matter of Gonzalez, 2/21/14) Special thanks to IRAC.
Practice Alert on USCIS Renewal Information for Individuals Granted DACA By ICE
AILA practice alert on a 2/19/14 notice from USCIS with renewal information for individuals granted DACA by ICE between 6/15/12 and 8/15/12. This notice does not apply to the vast majority of DACA recipients who received DACA through USCIS after 8/15/12.
CA5 Finds Asylum Grants Were Critical to International Child Abduction Determination
The court vacated the district court order and remanded, finding that the asylum grants to the three minor children were critical to a determination of whether one or more of the Hague Convention’s exception to return applies. (Sanchez v. RGL, 2/21/14)
CA2 Affirms Denial of Motion to Reopen (MTR)
Petitioner argued she should have been placed in exclusion proceedings, not deportation proceedings, but since she conceded she was deportable, the court held the BIA did not abuse its discretion in affirming the denial of the MTR. (Li v. Holder, 2/21/14)
CA2 Asks BIA to Rule on Duress Exception to Material Support Bar
The court granted the petition in part, to permit the BIA to make a precedential ruling on whether a duress exception to the material support bar is implicit in INA §212 (a)(3)(B)(iv)(VI), (a)(3)(B)(i)(I). (Ay v. Holder, 2/20/14)
BIA Reopens Proceedings Due to Attorney Advice Not to Attend Hearing
Unpublished BIA decision reopens proceedings at which respondent was removed in absentia upon finding attorney's advice that he need not attend hearing constituted exceptional circumstances justifying his failure to appear. (Matter of Macal-Ventura, 2/20/14) Special thanks to IRAC.
BIA Finds IJ Failed to Provide Required Biometrics Warnings
Unpublished BIA decision remands record because IJ deemed respondent’s TPS application abandoned without providing required warnings under 8 CFR 1003.47(d) regarding failure to provide biometrics. (Matter of Alfaro, 2/20/14) Special thanks to IRAC.
BIA Requires DHS to Disclose Records of Prior TPS Applications
Unpublished BIA decision remands record because IJ failed to adequately address respondent's TPS claim and requires DHS to submit administrative record on remand regarding prior TPS applications. (Matter of Tunis, 2/20/14) Special thanks to IRAC.