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
CRS Report on Unaccompanied Alien Children
CRS report on the recent surge in unaccompanied alien children (UAC) crossing the southern U.S. border, current policy on the treatment, care, and custody of the population, Administrative and Congressional action to deal with the crisis, and unanswered questions.
Re-Inspired by the Unafraid and Undocumented
Last week, as a representative of AILA, I joined Jose Antonio Vargas for two post-screening panels after his film “Documented.“ Vargas has been a lightning rod since he, a Pulitzer Prize winner, revealed to the world that he was in fact unauthorized. The fact that one of the nation's most ce
CA9 Upholds Adverse Credibility Determination in Asylum Case for Chinese Christian
The panel held the inconsistency between the asylum declaration, in which petitioner recounted physical abuse during detention, and her failure to testify about that abuse until she was prompted, was sufficient to support the IJ’s adverse credibility determination. (Jiang v. Holder, 6/12/14
BIA Holds Having Passport at Hearing Not Requirement for Receiving Voluntary Departure
Unpublished BIA decision orders further consideration of request for voluntary departure that was denied solely because respondent did not have passport in physical possession at the time of the hearing. Special thanks to IRAC. (Matter of Lorenzo-Cabrera, 6/13/14)
BIA Holds Florida Theft and Issuance of Worthless Check Not CIMTs
Unpublished BIA decision upholds termination of proceedings upon finding neither issuing a worthless check under Fla. Stat. 832.05 nor theft under Fla. Stat. 812.014 qualify as a CIMT. Special thanks to IRAC. (Matter of Montinar, 6/13/14).
BIA Reverses Denial of Continuance for Respondent Seeking to Review A-File
Unpublished BIA decision holds that IJ should have continued proceedings to permit the respondent to obtain and review copy of A-file, the contents of which could confirm eligibility to adjust status. Special thanks to IRAC. (Matter of Saenz-Ledesma, 6/13/14)
House Letter to President Obama on Deportations and Detention
6/12/14 letter from 59 members of the House of Representatives urging President Obama to provide relief from deportation and increase use of alternatives to detention.
CIS Ombudsman Recommendations to USCIS on Notices to Appear
The CIS Ombudsman provides recommendations on improving the quality and consistency in Notices to Appear (NTA), including that USCIS issue additional guidance, require USCIS attorneys to review NTAs prior to issuance, and create a working group to improve tracking and coordination.
USCIS Memo Requiring Positive Credible Fear and Reasonable Fear Determinations as Part of Quality Assurance Review
USCIS memo, from John Lafferty, Chief of the Asylum Division, implementing changes to the categories of credible fear and reasonable fear cases requiring Quality Assurance review, now requiring pre-decisional review from a random sampling of both positive and negative determinations.
CA8 Affirms Adjudicatory Delay in Terrorism-Related Inadmissibility Grounds (TRIG) Case
The court found USCIS’ less than five-year delay in adjudicating the adjustment application reasonable, as prior to the TRIG exemption policy which had kept it on hold, petitioner was inadmissible for providing material support to a terrorist organization. (Irshad v. Holder, 6/11/14)
Immigration Law Advisor, April/May 2014 (Vol. 8, No. 4)
The April/May 2014 issue of Immigration Law Advisor, with an article on waivers of inadmissibility for lawful permanent residents, summary and statistics on federal court decisions for March and April 2014, and a regulatory update.
BIA Reverses Discretionary Denial of Voluntary Departure
Unpublished BIA decision finds respondent merits voluntary departure because positive equities outweigh prior immigration violations, including illegally re-entering the country. Special thanks to IRAC. (Matter of Peguero, 6/10/14)
BIA Holds Conviction Waived Under 212(c) Cannot be Charged as One of Multiple CIMTs
Unpublished BIA decision holds that charge of deportability based on two CIMT convictions cannot be sustained if a 212(c) waiver was granted with respect to one of the convictions, distinguishing Matter of Balderas. Special thanks to IRAC. (Matter of Romero, 6/10/14)
EOIR List of Currently Disciplined Practitioners
EOIR list of currently disciplined practitioners. This list is updated by EOIR as necessary.
Video: The Top 5 Things You Need to Know on DACA Renewals
AILA Immediate Past President Laura Lichter shares insights on the newly released Deferred Action for Childhood Arrivals (DACA) renewal process.
BIA Dismisses DHS Interlocutory Appeal Challenging Administrative Closure
Unpublished BIA decision declines to consider DHS interlocutory appeal challenging a decision to administratively close proceedings involving a detained respondent to await the adjudication of an I-130 visa petition filed on his behalf. (Matter of Bronco-Antonio, 6/9/14)
BIA Remands Humanitarian Asylum Claim for IJ to Consider “Other Serious Harm” in Haiti
Unpublished BIA decision remanding for further fact finding and a new analysis of respondent’s request for humanitarian asylum, finding the IJ did not consider the claim through the “other serious harm” framework discussed in Matter of L-S-. Courtesy of Disna M. Weerasinghe.
District Court Grants Writ of Habeas Corpus to Detainee Held More than Six Months
The district court in Pennsylvania granted the writ of habeas corpus in order to hold a bail hearing, finding that under §241(a)(1)(A) and Zadvydas, petitioner’s seven month post-removal detention was unreasonable. Courtesy of Raymond Lahoud.
AILA Welcomes Program to Help Unaccompanied Migrant Children
AILA President Doug Stump on the creation of "justice AmeriCorps" to help children in immigration court proceedings noted that "Building on the strong tradition of Americorps service is an inspired choice as these people want to make a difference and these children desperately need their help."
CA8 Declines to Review Res Judicata Argument
The court denied the petition for review, finding that petitioner’s manslaughter and tampering with evidence convictions were two different causes of action, so that res judicata was inapplicable on these facts. (Cardona v. Holder, 6/6/14)
CA5 Says VA Offense Is Aggravated Felony and Denies Cancellation of Removal
The court found that the petitioner’s conviction under the Virginia statute meant that he was also convicted of sexual abuse of a minor, an aggravated felony, which precluded him from applying for special rule cancellation under §203 of NACARA. (Contreras v. Holder, 6/6/14)
BIA Finds No Willful Misrepresentation by Respondent Unaware of Divorce
Unpublished BIA decision finds DHS did not prove respondent committed willful misrepresentation where he was unaware his wife had finalized their divorce prior to their joint interview. Special thanks to IRAC. (Matter of Sowah, 3/24/14)
BIA Rescinds In Absentia Order of Respondent with Credible Fear
Unpublished BIA decision rescinds an in absentia removal order against respondent who diligently sought reopening and was found to have a credible fear of persecution. Special thanks to IRAC. (Matter of Aguilera, 6/6/14)
AILA: Renewal Process for DACA Opens; Get Started As Soon as You Can!
As USCIS announced the Deferred Action for Childhood Arrivals (DACA) renewal process, AILA President Doug Stump noted, “These two-year grants of deferred action have already made a tremendous impact on the lives of so many young people and on the communities in which they live, study, and work.”
BIA Reverses Visa Petition Revocation Based on Insufficient NOIR
Unpublished BIA decision reverses revocation of approved visa petition, finding the evidence in the record did not support the allegations of marriage fraud in the Notice of Intent to Revoke (NOIR). Special thanks to IRAC. (Matter of Bamfo, 6/5/14)