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
USCIS DACA Renewal Resources
Resources on the DACA renewal process announced on 6/5/14. Effective immediately, USCIS will begin accepting renewal requests. USCIS will hold a teleconference today at 3pm to discuss the renewal process.
Georgia State Court Holds Sovereign Immunity Bars Declaratory Relief in DACA Recipient Tuition Case
The court granted the defendant’s motion to dismiss, holding that Georgia law bars declaratory relief due to sovereign immunity. Special thanks to Charles Kuck. (DACA Beneficiary Georgia College Students v. University System of Georgia’s Board of Regents, 6/9/14)
BIA Finds Removal Does Not Constitute Withdrawal of Appeal
Unpublished BIA decision holds that the removal of the respondent did not result in the withdrawal of an appeal challenging the denial of a timely filed motion to reconsider. Special thanks to IRAC. (Matter of Onyesoh, 6/4/14)
BIA Rescinds In Absentia Order Due to Conflicting Hearing Notices
Unpublished BIA decision rescinds in absentia order where immigration court issued three separate hearing notices, the last of which advanced the date of respondent’s hearing by nearly a year. (Matter of Lopez, 6/4/14)
BIA Holds Massachusetts Assault With a Dangerous Weapon Not an Aggravated Felony
Unpublished BIA decision reopens and terminates proceedings upon finding assault with a dangerous weapon under Mass Gen. Law ch. 265 15A(b) not a crime of violence under United States v. Fish (1st Cir. 2014). Special thanks to IRAC. (Matter of Da Costa, 6/4/14)
BIA Reopens Proceedings Where NTA Misspelled Name of Street
Unpublished BIA decision reopens in absentia order where address on NTA misspelled name of the street on which the respondent resided. Special thanks to IRAC. (Matter of Harnandez, 6/4/14)
AILA’s Take on No Process Removals
An AILA backgrounder on no-process removals, i.e. expedited removal and reinstatement of removal.
BIA Rescinds In Absentia Order and Changes Venue Sua Sponte
Unpublished BIA decision rescinds in absentia order against respondent who was four years old at the time of the hearing, and changes venue from Texas to Florida to permit joinder of proceedings with respondent’s brother. Special thanks to IRAC. (Matter of Murillo, 6/3/14)
CA8 Upholds Asylum Denial for Petitioner Fearing FGM in Kenya
The court found that the petitioner did not prove prejudice when her hearing was conducted without the presence of counsel, because neither she nor her counsel set forth what evidence affirmatively proved that she was entitled to relief. (Njoroge v. Holder, 6/3/14)
EOIR to Relocate Bloomington Immigration Court
EOIR announcement that the Bloomington Immigration Court will close on 7/2/14 to prepare for relocation. The Bloomington Immigration Court will recommence hearings at its new location of 7/7/14.
CA10 Upholds Cancellation of Removal Denial
The court found petitioner could not establish good moral character for cancellation since he served a period of confinement in excess of 180 days, and the nunc pro tunc order shortening the sentence did not impact the calculation of the confinement period. (Garcia-Mendoza v. Holder, 6/2/14)
BIA Orders Further Consideration of Sham Marriage Determination
Unpublished BIA decision orders further consideration of motion for continuance pending adjudication of appeal of denied I-130, notes that USICS may not rely exclusively on prior sham marriage finding. Special thanks to IRAC. (Matter of Abella, 6/2/14)
BIA Administratively Closes Proceedings Pending Availability of U Visa
Unpublished BIA decision administratively closes proceedings in light of the approval of the respondent’s U visa application and the grant of deferred action until a U visa becomes available. Special thanks to IRAC. (Matter of Barba Arreaga, 6/2/14)
Immigration Law Advisor, June 2014 (Vol. 8, No. 5)
The June 2014 issue of Immigration Law Advisor includes an article analyzing the immigration consequences of criminal convictions after Descamps v. U.S. and statistics and summaries of federal court decisions for May 2014, including recent circuit court decisions and BIA precedent decisions.
TRAC Immigration Court Backlog Online Resource Tool
Online resource tool from Transactional Records Access Clearinghouse (TRAC) which provides sortable national data on pending cases and length of wait times in immigration courts.
DOJ OIL June 2014 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for June 2014, with articles on the Supreme Court’s decision in Scialabba v. Osorio, the CSPA, and post-parole convictions, as well as summaries of circuit court decisions for June 2014 and monthly topical parentheticals.
DHS CRCL Newsletter, June 2014
DHS CRCL newsletter for June 2014, including Secretary Johnson’s visit to an Illinois ICE facility where he solicited views on potential removal reforms, a chart on the surge of unaccompanied children at the southwest border and related information, and CBP’s revised use of force policy handbook.
TRAC Online Resource Tool on Deportation Proceedings
Online resource tool from Transactional Records Access Clearinghouse (TRAC) which provides details of the charges filed in deportation proceedings by type of charge, state, nationality, Immigration Court and hearing location.
AILA: CBP Finally Taking Steps in Right Direction
AILA President Doug Stump responded to CBP’s release of the PERF report and its Use of Force Policy Handbook saying, “This step toward greater transparency is a good start. If Secretary Johnson and Commissioner Kerlikowske are serious about real reform, CBP will continue and expand upon this path.”
AILA’s ILS Newsletter (Vol. 1, Issue 4)
The latest issue of AILA’s Immigration Lawyers Search (ILS) Newsletter features statistics from the last six months of website use, as well an article about making pro bono part of your marketing plan.
BIA Remands Record Because IJ Admitted Having “Missed” Evidence
Unpublished BIA decision remands record for further consideration of TPS eligibility where IJ admitted after issuing her decision to having “missed” evidence of respondent’s physical presence. Special thanks to IRAC. (Matter of Pacas, 5/30/14)
BIA Reopens Proceedings Due to Paralegal Error
Unpublished BIA decision reopens proceedings where respondent was removed in absentia and a paralegal filed a change of address form without the respondent’s consent. Special thanks to IRAC. (Matter of Figueroa, 5/30/14)
BIA Finds Respondent Did Not “Voluntarily” Overstay Voluntary Departure Period
Unpublished BIA decision finds respondent did not "voluntarily" overstay period of voluntary departure because IJ previously promised to reopen proceedings if Form I-130 was granted during the departure period. Special thanks to IRAC. (Matter of Maedgen, 5/30/14)
BIA Grants Administrative Closure Pending Receipt of Record in I-130 Appeal
Unpublished BIA decision administratively closes removal proceedings pending receipt of the record from USCIS in an appeal challenging the denial of an I-130, and states that the IJ should have granted a continuance. Special thanks to IRAC. (Matter of G-M-H-, 5/29/14)
BIA Finds Non-Physical Abuse Qualifies as "Extreme Cruelty"
Unpublished BIA decision finds respondent eligible for special rule cancellation under VAWA based on the psychological abuse caused by her husband’s alcoholism and gambling. Special thanks to IRAC. (Matter of B-J-G-, 5/29/14).