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
OSC Flyer on Employment Rights for DACA Recipients
OSC flyer on employee rights of DACA recipients, including how to tell if an employer is being discriminatory, if a DACA status must be disclosed, and how DACA status might affect E-Verify. Also included is contact information if discrimination needs to be reported to DOJ.
EOIR Ten-Year Evaluation of BIA Pro Bono Project
EOIR 2002-2011 evaluation of the BIA Pro Bono Project, finding that the Project had an average success rate of 87% in matching pro se respondents with pro bono counsel and that pro bono clients are more likely than their unrepresented counterparts to obtain a favorable outcome of the Board.
Guidance for Individuals Granted DACA by ICE (Updated 2/21/14)
USCIS guidance for those granted deferred action under the DACA process by ICE who have an EAD expiring in the next 120 days. DACA renewals must be approved prior to expiration of the initial period of deferred action to avoid a lapse in employment authorization or accrual of unlawful presence.
BIA Remands Record Because IJ Incorporated Prior Findings “By Reference” in Decision
Unpublished BIA decision remands for new decision were IJ’s discussion of DHS burden of proof was contained in transcript, incorporated “by reference” into the decision, and provided an insufficient basis for a meaningful review. (Matter of Kim, 2/19/14) Special thanks to IRAC.
BIA Upholds Grant of Adjustment Despite Numerous Criminal Convictions
Unpublished BIA decision upholds grant of adjustment over DHS arguments that respondent was controlled substance trafficker, committed fraud at removal hearing, and did not merit favorable exercise of discretion. (Matter of R-P-, 2/19/14) Special thanks to IRAC.
CA2 Certifies Question of Incest to New York Court of Appeals
To properly evaluate the order of removal and denial of the petition to remove conditions, the court certified to the NY Court of Appeals the question of whether the petitioner’s marriage to her half-uncle was void for incest under NY Domestic Relations Law. (Nguyen v. Holder, 2/19/14)
BIA Upholds Treatment of Returning LPR as Applicant for Admission
Unpublished BIA decision holds over dissenting opinion that respondent alleged to have fraudulently obtained LPR status was properly charged as applicant for admission upon returning from travel abroad. (Matter of Alcaraz, 2/18/14) Special thanks to IRAC.
BIA Terminates Proceedings Against Respondent Who Raised Constitutional Challenges
Unpublished BIA decision grants joint motion to terminate proceedings against respondent who argued that he was unlawfully held under immigration detainer and that removal would be constitutionally disproportionate. (Matter of Villanueva, 2/18/14) Special thanks to IRAC.
AILA and AIC Comments on Revised Form I-821D
AIC and AILA comments in response to 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 Says Diligence in Filing Could be Factor in Reopening Cases Sua Sponte
Unpublished BIA decision declines to reopen sua sponte under Carachuri-Rosendo v. Holder but says “diligence in filing a motion could be a relevant factor to consider in determining whether sua sponte reopening is warranted.” (Matter of Alvarado, 2/14/2014) Special thanks to IRAC.
CA1 Upholds Cancellation of Removal Denial
The court denied the petition in part and dismissed in part for lack of jurisdiction, upholding the cancellation of removal denial based on the lack of hardship the U.S.-born gifted son would suffer if the parents were removed to Guatemala. (Alvarado v. Holder, 2/14/14)
CA5 Upholds Cancellation Denial for Petitioner with Texas Domestic Violence Conviction
The court denied the petition for review, finding that petitioner’s TX conviction of aggravated assault of a family member, a second degree felony, triggers the stop-time rule under INA §240A(d)(1) and denies him eligibility for cancellation of removal. (Miresles-Zuniga v. Holder, 2/14/14)
Practice Pointer: Understanding Withholding of Removal (Updated 4/2/14)
Practice pointer on the main conceptual and practical differences between asylum and withholding of removal and how a grant of withholding will affect your client going forward. Special thanks to Cheri Attix and the AILA Asylum and Refugee Liaison Committee.
TRAC Report Finds ICE Success in Obtaining Removal Orders Drops to 50%
Transactional Records Access Clearinghouse (TRAC) report finding that ICE has had diminishing success in convincing Immigration Judges to issue removal orders, as such orders are now being granted about 50% of the time. Results varied widely by state.
CA5 Holds Florida Cocaine Delivery Conviction Is Not an Aggravated Felony
The court vacated and remanded the cancellation of removal denial, holding that the Florida offense of delivering cocaine for which petitioner was convicted was not categorically an aggravated felony. (Sarmientos v. Holder, 2/12/14)
BIA Remands Discretionary Denial of Adjustment Application
Unpublished BIA decisions remands discretionary denial of adjustment application where IJ failed to consider positive equities or make factual findings regarding alleged discrepancy between testimony and police report. (Matter of Coutinho, 2/11/14) Special thanks to IRAC.
TRAC Report Finds Targeting of ICE Detainers Varies Widely by State and by Facility
Transactional Records Access Clearinghouse (TRAC) report finding that ICE placed detainers on approximately half a million individuals during FY2012-FY2013, half of whom had no convictions. The report also reveals wide variation by state and facility.
Practice Alert: BIA Considers Controlled Substance Convictions
Practice alert on a case before the BIA that relates to when a California controlled substance conviction can trigger deportation. The case may result in a published decision, and the issues considered may apply to other states. Special thanks to the Defending Immigrants Partnership.
BIA Reopens Proceedings Despite Lack of Evidence Commingling of Finances
Unpublished BIA decision reopens proceedings over DHS opposition based on bona fides of marriage, excuses lack of commingling of finances because respondent lacked work authorization and wife was unemployed. (Matter of Anakor, 2/10/14) Special thanks to IRAC.
BIA Rescinds In Absentia Order Under Totality of the Circumstances
Unpublished BIA decision rescinds in absentia removal order due to affidavits demonstrating lack of notice, respondent’s diligence in seeking reopening, and potential eligibility for cancellation of removal. (Matter of Sanchez, 2/10/14) Special thanks to IRAC.
BIA Finds Respondent Did Not Knowingly Waive Right to Appeal
Unpublished BIA decision finds pro se respondent did not understand exchange with IJ to constitute knowing and intelligent waiver of right to appeal. (Matter of Ajche, 2/10/14) Special thanks to IRAC.
BIA Holds Florida Drug Trafficking Not an Aggravated Felony
Unpublished BIA decision holds that "trafficking" of drugs under Fla. Stat. 893.135(1)(c)(1)(c) not an aggravated felony because statute covers simple possession and does not proscribe conduct that is a federal felony (Matter of Rivas, 2/7/14) Special thanks to IRAC.
BIA Summarily Affirms Decision Finding Respondent Mentally Competent
Unpublished BIA decision affirms without opinion IJ decision finding respondent to be sufficiently mentally competent to represent himself under Matter of M-A-M-. (Matter of Castillo, 2/7/14) Special thanks to IRAC.
BIA Reverses IJ Denial of Joint Motion to Reopen
Unpublished BIA decision says respondent’s failure to submit relief application and IJ concerns over timing of marriage not proper basis to deny joint motion to reopen. (Matter of Laurence, 2/7/14) Special thanks to IRAC.
BIA Finds Ineffective Assistance of Counsel Due to Failure to Contest Removability
Unpublished BIA decision finds prior attorney provided ineffective assistance by failing to contest removability where conviction records did not sufficiently demonstrate type or amount of controlled substances. (Matter of Barrios Rojas, 2/7/14) Special thanks to IRAC.