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 Quicktake #87: President Obama's Announcement on UACs
President Obama announced plans to ask Congress for resources to address the humanitarian crisis involving unaccompanied alien children (UACs) from Central America and his plans for administrative action on deportation policies. AILA President Leslie Holman discusses the announcement via Skype.
CA11 Says Form I-589 Provides Sufficient Notice of Frivolous Filing Consequences
The court held that the written notice provided on I-589 asylum application form is sufficient to meet the statutory requirement in INA §208(d)(4) that an applicant be notified of the consequences of filing a frivolous application. (Ruga v. U.S. Att’y Gen., 7/2/14)
CA1 Declines to Review New Evidence Not Presented First to BIA
The court denied the petition for review, finding the BIA did not abuse its discretion in denying the motion to reopen and it did not have jurisdiction to consider new evidence relating to persecution by the Taliban in Pakistan that was not presented to the BIA. (Shah v. Holder, 7/2/14)
USCIS Reminder: Passport Photos Required with DACA I-765 Submissions
USCIS reminder that two passport-style photographs are required with the submission of Form I-765, Application for Employment Authorization. This is required for both initial and renewal DACA requests.
Representative Issa Letter Asking President to End DACA
A 7/2/14 letter from Representative Issa (R-CA), signed by 32 of his Republican House colleagues, offering suggestions to President Obama on how to curtail the humanitarian crisis at the southern border, including telling him to end deferred action for childhood arrivals.
Immigration Judge Complaint Statistics for Second Quarter of FY2014
DOJ immigration judge complaint statistics for FY2014 (between 1/1/14 and 3/31/14) during which 25 complaints were received and 12 complaints were closed. Statistics include number of complaints received, resolution of complaints, basis of complaint, and source of complaint.
AILA New Members Division E-News, July 2014 (Vol. 6, Issue 3)
This latest edition brings you expert practice tips related to securing O-1B status for artistic clients, new page limitations for E-2 applicants, seeking termination vs. administrative closure, using social media in your practice, and legislative immigration reform.
CA5 Asks BIA to Consider Color of Law Legal Standard for Salvadoran CAT Claim
The court remanded for the BIA to consider the CAT claim under the color of law legal standard, considering the extortionists in El Salvador may have received information about petitioner from government officials acting in their official capacities. (Garcia v. Holder, 7/1/14, amended 8/8/14)
BIA Issues Decision on Updated Medical Examinations
Unpublished BIA decision holds respondent was not required to submit an updated medical exam (Form I-693) in support of adjustment application but remands for submission of updated form in light of intervening USCIS guidance. Special thanks to IRAC. (Matter of Teves, 7/1/14)
EOIR Releases Fact Sheet on Fraud Prevention Program
EOIR fact sheet on its Fraud Prevention Program, which is aimed at promoting efforts to deter fraud and providing a systemic response to identifying and referring instances of suspected fraud and abuse.
White House Letter to Congress Requesting Emergency Funding for Deterrence Strategy Involving Unaccompanied Children
White House letter to Congress on Administration’s efforts to address urgent humanitarian situation of children crossing southern U.S. border and requesting congressional action on emergency supplemental appropriations legislation to support deterrence strategy focused on removal and repatriation.
AILA Strongly Condemns Reported Plans to Return Migrant Children to Danger
AILA President Leslie A. Holman reacted to reported plans to expedite removal of migrant children: “Rapid deportations without any meaningful hearing for children who are rightly afraid of the violence and turmoil from which they fled is wrong, and contradicts the fundamental values of this nation.”
CA5 Says New Mexico Auto-Burglary Conviction Is an Aggravated Felony
The court upheld the BIA’s determination that the auto-burglary conviction under §30-16-3(B) of the New Mexico statute constituted a conviction for an aggravated felony because it was an attempted theft offense, rendering petitioner ineligible for cancellation. (Garcia v. Holder, 6/30/14)
EOIR Releases Q&As on EOIR’s Attorney Discipline Program
EOIR Q&As on its Attorney Discipline Program and professional conduct rules for immigration attorneys and representatives. Information regarding the complaint process is included.
UPDATE: Non-Detained Cases to Proceed as Scheduled at Denver Immigration Court
Citing major technical issues related to running teleconference hearings for UACs at the border, the immigration court in downtown Denver rescinded its earlier announcement that all non-detained cases and hearings would be suspended as of 7/2/14. All cases will proceed as previously scheduled.
CIS Ombudsman Annual Report 2014
The Office of Citizenship and Immigration Services Ombudsman’s 2014 Annual Report, containing an overview of the Ombudsman’s mission and services, a review of USCIS programmatic and policy achievements, and a detailed discussion of pervasive and serious remaining problems and recommendations.
CRS Report with FAQs on Legal Issues of UACs
Congressional Research Service (CRS) report with FAQs on the legal issues surrounding the unaccompanied alien children (UAC) crisis, including difference between UACs and special immigrant juvenile status, the Flores settlement, custody issues, and rights of UACs.
CA3 Says Firearms Dealing Without a License Is Not a CIMT
The court reversed the BIA’s conclusion, holding that the BIA was incorrect in finding that petitioner’s conviction of firearms dealing without a license under 18 USC §§922(a)(1)(A) and (a)(2) was categorically a crime involving moral turpitude (CIMT). (Mayorga v. Att'y Gen., 6/27/14)
CA1 Finds BIA Committed Legal Error on “On Account of” Element of Guatemalan Asylum Claim
The court found the factual record did not preclude and would even allow the BIA to find that petitioners were members of a particular social group by virtue of their family relationship, without any need to show a further protected ground. (Aldana-Ramos v. Holder, 6/27/14, amended 8/8/14)
BIA Holds Voluntary Departure Applicant Deserved Additional Time to Present Passport
Unpublished BIA decision holds the IJ should have afforded respondent additional time to present his passport and remands record for further consideration of voluntary departure. Special thanks to IRAC. (Matter of Ramos, 6/27/14)
IJ Holds Voluntary Departure May be Granted Nunc Pro Tunc
IJ William Van Wyke issues lengthy decision holding that respondents who left the country prior to appearing in court may receive voluntary departure nunc pro tunc in lieu of an in absentia removal order. Special thanks to IRAC. (Matter of Sanchez-Medina, 6/27/14)
BIA Terminates Proceedings Against Respondent Convicted of False Imprisonment in Florida
Unpublished BIA decision terminates proceedings upon finding false imprisonment under Fla. Stat. 787.02(1) is not a categorical CIMT and the IJ improperly consulted a police report that was not incorporated into the plea. Special thanks to IRAC. (Matter of Sanchez Fajardo, 6/27/14)
TRAC Report Finds Despite Rise in Felony Charges, Most Immigration Convictions Remain Misdemeanors
Transactional Records Access Clearinghouse (TRAC) report that during the first six months of FY2014, there was a surge of people charged with the more serious felony offense of illegal re-entry under INA §276; yet half of these cases were pled down to a petty misdemeanor for simple illegal entry.
EOIR Announcement that eRegistration Application Is Available Again
EOIR announcement that the eRegistration application is again available for account requests and electronic filing of EOIR-27s and EOIR-28s. Users can access eRegistry via the link that has been available since June 2013: https://portal.eoir.justice.gov.
AILA Quicktake #85: House Hearings on Unaccompanied Minors
AILA's Second Vice President Annaluisa Padilla joins us via Skype to report on the two recent House Committee hearings regarding unaccompanied children at the border.