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 Remands to Consider Eligibility for DACA or Provisional Waiver
Unpublished BIA decision remands for adjudication of motion to reopen based on desire to apply for Deferred Action for Childhood Arrivals or provisional unlawful presence waiver (Form I-601A). (Matter of Avalos-Avalos, 12/31/13) Special thanks to IRAC.
BIA Holds Former Gang Members Who Renounce Gang Membership Are Not a Particular Social Group
The BIA clarified the “social visibility” element required to establish a particular social group (PSG), renamed the element “social distinction,” and held that former members of an El Salvadoran gang who renounced their membership is not a PSG. Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014).
BIA Renames “Social Visibility” Element in Asylum Cases as “Social Distinction,” Clarifies Meaning
The BIA held the “social visibility” element required to establish a particular social group (PSG) doesn’t mean a literal or ocular visibility, renamed the element “social distinction,” and clarified the elements required to establish a PSG. Matter of M-E-V-G-, 26 I&N Dec. 227 (BIA 2014)
Practice Alert: Signing Up for E-mail Updates from EOIR
Practice alert on how to sign up to receive e-mail updates from the Executive Office for Immigration Review (EOIR) on items posted to the EOIR Virtual Law Library.
BIA Sustains Asylum Appeal, Finds Coerced FGM Is Persecution
Unpublished BIA decision sustaining appeal, finding that women who violate gender-specific social norms constitute a particular social group and FGM was inflicted as a result of coercion sufficient to amount to persecution within the meaning of INA 101(a)(42). Courtesy of Aleksander Milch.
BIA Remands for Consideration of Asylum Application
Unpublished BIA decision finds respondent did not knowingly waive appeal and remands record because IJ did not provide opportunity to apply for asylum after expression of fear in El Salvador. (Matter of Melgar de Iglesias, 2/6/14) Special thanks to IRAC.
CA5 Holds Noncitizen Does Not Have to Maintain Asylum Status in Order to Adjust
The court held that INA §209(b) is not ambiguous and that its plain wording does not require a noncitizen to maintain his asylum status to apply for adjustment of status under the statute, and vacated the BIA’s decision ordering removal. (Siwe v. Holder, 2/6/14)
DHS Privacy Impact Assessment Report on ICE’s Electronic Travel Document System
DHS Privacy Impact Assessment report on ICE’s electronic Travel Document System, which allows ICE to request, and foreign consular officials to review and adjudicate, travel document requests for those ordered removed or granted voluntary departure but do not possess valid travel documents.
CA4 Denies Chinese Religious Persecution Claim and Remands Forced Sterilization Claim
The court remanded the forced sterilization claim, as the BIA relied on the 2007 DOS China Report and did not account for the contrary evidence that parents of two U.S.-born children could face persecution in China. (Chen v. Holder, 2/5/14)
BIA Reopens Proceedings Due to Attorney Failure to Seek Relief
Unpublished BIA decision reopens proceedings due to ineffective assistance of counsel where the respondent’s prior attorney conceded failure to seek voluntary departure or administrative closure. (Matter of Barrera, 2/5/14) Special thanks to IRAC.
BIA Remands Record Due to USCIS Delay in Forwarding I-130 Appeal
Unpublished BIA decision states that when respondent in removal proceedings is separately appealing denial of I-130, any delay by USCIS in forwarding record to Board is a factor in favor of granting continuance. (Matter of Ngema, 2/5/14) Special thanks to IRAC.
BIA Reverses Denial of 212(k) Waiver
Unpublished BIA decision finds eligibility for 212(k) depends on applicant’s state of mind at time of initial admission rather than re-entry, and that failure to alert authorities of potential fraud is not adverse discretionary factor. (Matter of Shin, 2/4/14) Special thanks to IRAC.
BIA Recognizes Effeminate Gay Males from Mexico as Particular Social Group
Unpublished BIA decision finds effeminate gay males from Mexico with female gender identities to qualify as particular social group for purposes of asylum and withholding of removal. (Matter of M-G-O-, 2/4/14) Special thanks to IRAC.
EOIR Updates to Immigration Court Practice Manual
The Office of the Chief Immigration Judge alert on updates to the Table of Contents, Glossary, and Indexes of the Immigration Court Practice Manual. Updates relate to changes to lodging asylum applications in Chapters 3 and 4, and to include a definition of “lodged asylum application.”
EOIR Adds Country Conditions Resource Information to Virtual Law Library
EOIR press release on resources that are now available in EOIR’s Virtual Law Library, including publicly available information on 54 countries, with documents on multiple aspects of country conditions that could be relevant to respondents before the immigration courts and the BIA.
DHS Privacy Impact Assessment Report on CasePro System
DHS Privacy Impact Assessment report on the Center Adjudication System Electronic Processing system (CasePro), which automatically processes filings for Temporary Protected Status, Deferred Enforced Departure, and Deferred Action for Childhood Arrivals.
DOJ OIL February 2014 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for February 2014, with articles on BIA’s clarification on the elements of particularity and social visibility to establish a particular social group, Silva-Trevino v. Holder, and TPS for Haiti, as well as circuit court decisions for February 2014.
Immigration Law Advisor, January 2014 (Vol. 8, No. 1)
Immigration Law Advisor, a legal publication from EOIR, with articles on special immigrant juveniles, circuit court decisions for December 2013 and calendar year 2013 totals, summary of BIA precedent decisions, and a regulatory update.
Immigration Law Advisor, February 2014 (Vol. 8, No. 2)
Immigration Law Advisor, a legal publication from EOIR, with articles on social “visibility,” summary of recent circuit court decisions for January 2014, summary of BIA precedent decisions, and a regulatory update.
AILA New Members Division E-News, February 2014 (Vol. 6, Issue 1)
This latest edition brings you expert practice tips related to working with criminal defense attorneys, dealing with ethical dilemmas, departure and return, and VAWA. Plus, don’t miss an article on forming EB-5 regional centers.
BIA Reopens Proceedings After Amendment to Criminal Indictment
Unpublished BIA decision reopens proceedings after trial court strikes term “embezzlement” and reference to respondent’s employer from criminal indictment. (Matter of Flores-Razo, 1/31/14) Special thanks to IRAC.
CA5 Dismisses Ineffective Assistance of Counsel Claim, Finds BIA Was Entitled to Enforce Waiver of Appeal
The court held that since petitioner neglected to inform his attorney of the ineffective assistance of counsel claim, the BIA was entitled to enforce the waiver submitted through counsel and summarily dismiss the appeal for lack of jurisdiction. (Hernandez-Ortez v. Holder, 1/31/14)
CA5 Vacates and Remands BIA Decision in Silva-Trevino
Limiting its analysis to the “convicted of” clause of §212(a)(2)(A)(i), the court found the Attorney General’s method of considering extrinsic evidence in a crime involving moral turpitude analysis was inconsistent with the statute and contrary to precedent. (Silva-Trevino v. Holder, 1/30/14)
CA6 Upholds Adverse Credibility Finding in Asylum Denial for Ukrainian Citizen
The court denied the petition to review the asylum denial, finding that under the REAL ID Act, inconsistencies the IJ found in petitioner’s testimony were sufficient for an adverse credibility finding, although they did not go to the heart of the asylum claim. (Slyusar v. Holder, 1/30/14)
BIA Remands Record Where Attorney Failed to Appear at Hearing
Unpublished BIA decision finds IJ should have granted continuance or obtained explicit waiver of right to counsel after respondent’s attorney failed to appear. (Matter of Chavez, 1/30/14) Special thanks to IRAC.