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 Quashes Subpoena as Overbroad
Unpublished BIA decision sustains interlocutory DHS appeal challenging subpoena requiring production of documents from ICE and FBI as the IJ subpoena power is limited in nature. Special thanks to IRAC. (Matter of Qatanani, 5/13/14)
IJ Finds Venezuelan Petitioner Entitled to Relief Under VAWA and Cancellation of Removal
The IJ found respondent entitled to relief under VAWA and INA §240A(b)(2), finding that she was abused by her USC spouse and positive factors such as her good moral character outweighed the fact that she overstayed her visitor visa. Courtesy of Patricia S. Cooper.
TRAC Report Finds Arizona Is Driving Changes in Criminal Immigration Re-entry Prosecutions
TRAC report indicates substantial changes in criminal enforcement of immigration laws, particularly in southern border states. Report found a drop in the number of criminal prosecutions for illegal entry under INA §275, but a continued rise in prosecutions for illegal re-entry under INA §276.
BIA Applies §212(c) Waiver for Convictions Before and After April 1, 1997
Unpublished BIA decision for petitioner with 1991 and 1995 convictions, sustaining the appeal and reversing the IJ’s holding that the respondent’s 2010 conviction disqualifies him from a §212(c) waiver. Courtesy of Belinda Arroyo.
CA9 Remands, Considering Indonesian Petitioner’s Post-Removal Conversion to Christianity
The court held that a petitioner’s untimely motion to reopen may qualify under the changed conditions exception in 8 CFR §1003(c)(3)(ii), even if the changed country conditions are made relevant by a change in the petitioner’s personal circumstances. (Chandra v. Holder, 5/12/14)
CA1 Denies Motion to Reopen (MTR) for Indonesian Christian
The court declined to review the MTR denial on the basis of changed country conditions, finding the BIA did not abuse discretion when finding the evidence presented did not address a particular or individualized risk of harm if petitioner returned to Indonesia. (Simarmata v. Holder, 5/12/14)
CA1 Declines to Reopen Removal Proceedings for Haitian Petitioner Granted TPS
The court declined to reopen removal proceedings for the Haitian petitioner, holding the BIA correctly ruled that the temporary protected status (TPS) relief only served to prevent execution of the removal order and it did not affect the validity of the order. (Donnee v. Holder, 5/9/14)
AILA NBC Liaison Committee Meeting Minutes (5/9/14)
Meeting minutes from the AILA NBC Liaison Committee’s meeting with the National Benefits Center on 5/9/14. Topics included: I-485 and I-130 processing times, transfer notices issues, RFEs, I-601A provisional waivers, and adjustment of status based on VAWA.
BIA Says IJs Must Explain Appeal Waiver is Irrevocable
Unpublished BIA decision finds respondent’s waiver of appeal was not knowing and intelligent because IJ did not explain that it was irrevocable. Special thanks to IRAC. (Matter of Mullins, 5/8/14)
CRS Report on Policy Discussions on the Unauthorized Population in the U.S.
Congressional Research Service (CRS) report on the current policy discussions regarding the unauthorized population in the U.S., including information on demographics of the population and a summary of current laws and policy options.
Amicus Brief in Support of Attorney General Certification of Matter of Aguilar-Aquino
AILA amicus brief filed with the Board of Immigration Appeals seeking Attorney General certification of Matter of Aguilar-Aquino to address the definition of "custody."
Amicus Brief on Prolonged Detention Cases
AILA amicus brief filed with the Board of Immigration Appeals in support of ten different prolonged detention cases, arguing that the Attorney General should adopt a uniform, nationwide, pragmatic rule regarding all noncitizens whose detention is prolonged.
CA9 Remands Asylum Claim for Petitioner Fleeing Gang Violence in Guatemala
The court granted petition for review, finding it was unclear whether the evidence was sufficient to meet the revised social visibility standard in W-G-R and M-E-V-G, and remanded for BIA to consider the asylum claim in light of these decisions. (Pirir-Boc v. Holder, 5/7/14)
AIM: The DACA Dilemma
For May's Interview of the Month, immigration attorney and AILA member David Asser and DACA recipient Julio Sepulveda join us to discuss the DACA process and life as a DACA recipient. For more information, visit www.aila.org or download the free Pocket DACA app.
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)
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)
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."
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)
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)
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.