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 Reopens Sua Sponte Based on Negligence of Prior Attorney’s Law Firm
Unpublished BIA decision reopens proceedings sua sponte because the law firm of the respondents’ prior attorney failed to file a motion to substitute and did not advise respondent of deadline to submit adjustment application. Special thanks to IRAC. (Matter of Martinez, 5/29/14)
BIA Finds IJ Erred in Terminating Proceedings In Lieu of Granting Administrative Closure
Unpublished BIA decision grants DHS appeal and finds IJ erred in terminating proceedings without prejudice rather than grant a joint request for administrative closure. Special thanks to IRAC. (Matter of Mwaniki, 5/29/14)
BIA Says Pro Se Respondent’s Failure to Pay Filing Fee Does Not Require Denial of Motion
Unpublished BIA decision remands record for further consideration of motion to reopen in absentia order and says pro se respondent’s failure to pay filing fee was an insufficient basis for denial. Special thanks to IRAC. (Matter of Kemboi, 5/29/14)
BIA Upholds Finding of Mental Incompetency and Remands for Consideration of Safeguards
Unpublished BIA decision upholds finding that respondent was mentally incompetent to participate in proceedings but remands to consider appropriateness of safeguards other than administrative closure. Special thanks to IRAC. (Matter of Benitez-Lopez, 5/29/14)
CA8 Finds BIA Did Not Abuse Its Discretion in Denying MTRs
The court found the BIA did not abuse its discretion in denying the motions to reconsider and reopen the I-130 revocation and adjustment and asylum denials, as petitioner did not point to legal or factual errors nor submit new evidence. (Mshihiri v. Holder, 5/29/14)
AILA President: Window Closing on Immigration – House Must Delay No More
AILA President Doug Stump responded to news reports that President Obama has delayed the completion of the Department of Homeland Security’s (DHS) review of deportation policy until August, by calling on Congress to “use this time to do what is right for our country” and pass immigration reform.
AILA Amicus Brief on Using the Categorical Approach to Assess Overbroad Controlled Substance Statutes
AILA amicus brief urging the Board of Immigration Appeals to assess overbroad controlled substance statutes under the categorical approach, and to reaffirm that the modified categorical approach is applicable only to divisible statutes.
BIA Says Testimony Alone Sufficient to Prove Waive-Through at Port of Entry
Unpublished BIA decision holds credible testimony sufficient to meet respondent’s burden of proving “admission” under Matter of Quilantan by being waived through a port of entry. Special thanks to IRAC. (Matter of Fonseca, 5/27/14)
AILA Quicktake #76: Response to CIS Report
Last week, the Center for Immigration Studies (CIS) released a report claiming U.S. Immigration and Customs Enforcement (ICE) is setting free tens of thousands of dangerous criminals. Ben Johnson, Executive Director of the American Immigration Council (AIC) explains where the CIS report is in error.
ICE Directive on Sexual Abuse and Assault Prevention and Intervention
ICE directive, dated 5/22/14, establishing policy and procedures for prevention of sexual abuse or assault of individuals in ICE custody and providing agency-wide policy and procedures for timely notification of sexual abuse and assault allegations, prompt and coordinated response, and monitoring.
Video: In-Depth Report on AILA's Prolonged Detention Briefs
AILA member Stephen Manning gives an in-depth analysis of prolonged detention in the immigration system. Recently, AILA filed two briefs encouraging Attorney General Eric Holder to adopt a comprehensive, rational immigration detention policy.
AILA Quicktake #75: Federal Immigration Detention Reform
Immigration attorney and member of AILA's Amicus Committee Stephen Manning discusses the importance of immigration detention reform.
AILA: Immigration Court Computer Failure Emphasizes Need for Increased Funding
AILA President Doug Stump welcomed the news that EOIR has fixed the month-long computer system failure that had plagued the country’s immigration courts but called for funding “sufficient to ensure that this kind of systemic failure doesn’t happen again.”
BIA Holds It Lacks Jurisdiction to Review “No Risk” Determination in Adam Walsh Act Cases
The Board held that it does not have jurisdiction to review a “no risk” determination by USCIS when reviewing cases involving the Adam Walsh Act, including the appropriate standard of proof to be applied. Matter of Aceijas-Quiroz, 26 I&N Dec. 294 (BIA 2014)
BIA Holds That USCIS Can Consider Underlying Conduct in Adam Walsh Act Cases
The Board held that USCIS may inquire into the facts and conduct underlying a petitioner’s conviction to determine if it is a “specified offense against a minor” under the Adam Walsh Act. Matter of Introcaso, 26 I&N Dec. 304 (BIA 2014)
CA8 Declines to Review MTR for Chinese Petitioner with Forced Sterilization Claim
The court declined to review the motion to reopen (MTR) denial, finding that petitioner did not produce previously unavailable documents and that they did not distinguish between women who have had children in China and those who return with children born abroad. (Chen v. Holder, 5/13/14)
CA9 Upholds Asylum Denial for Sikh Petitioner from India
The court denied the petition for review, upholding the BIA’s determination that there had been a fundamental change in circumstances such that the Sikh petitioner’s life would not be threatened on account of a protected ground if removed to India. (Singh v. Holder, 5/21/14)
The Sorry State of Our Detention System
Saluja Thangaraja was tortured, beaten and held captive in Sri Lanka, her homeland. She was lucky and managed to escape before she was killed. When she arrived in the United States - the land of freedom she was seeking turned out to be the exact opposite: she was imprisoned in a federal detention ce
Southern District of New York on “Released” Under INA §236(c)
The court held that the petitioner was not subject to mandatory detention under INA §236(c) because he had never been "released" from a custodial sentence relating to a removable offense and orders him released unless ICE accords him a bond hearing within 30 days. Courtesy of Michael Z. Goldman.
CA2 Certifies Mens Rea Questions for CIMT Evaluation to Connecticut Supreme Court
In a crime of moral turpitude (CIMT) evaluation, the court was unable to determine what level of mens rea applied to the lack of consent element of a conviction for CT sexual assault in the fourth degree and certified the issue to the CT Supreme Court. (Efstathiadis v. Holder, 5/20/14)
BIA Upholds Retroactive Application of Adam Walsh Act
The Board held that the Adam Walsh Act (AWA) does not have an impermissible retroactive effect when applied to convictions that occurred before AWA was enacted. Matter of Jackson and Erandio, 26 I&N Dec. 314 (BIA 2014)
BIA Holds New York Fourth Degree Arson Not a CIMT
Unpublished BIA decision finds fourth degree arson under N.Y.P.L. 150.05 not a CIMT because perpetrators need not intend to damage property and says Descamps overrules Matter of Lanferman on divisibility. Special thanks to IRAC. (Matter of Hernandez-Hernandez, 5/20/14)
Senate Appropriations Field Hearing on Immigrant Enlistment in the Military
A 05/19/14 Senate Appropriations Defense Subcommittee field hearing on “Immigrant Enlistment: A Force Multiplier for the U.S. Armed Forces.”
AILA Amicus Brief Argues §212(h) Waiver Available to Petitioners Who Adjusted Status in the U.S.
AILA amicus brief to the Eighth Circuit Court of Appeals arguing that §212(h) waivers are available to legal permanent residents convicted of aggravated felonies if they adjusted status in the United States.
EOIR Extension of Comment Request on Forms 42A and 42B
EOIR 30-day comment request on the Application for Cancellation of Removal (42A) for Certain Permanent Residents and Application for Cancellation of Removal and Adjustment of Status (42B) for Certain Nonpermanent Residents. Comments are now due by 6/16/14. (79 FR 28551, 5/16/14)