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 Finds Vacatur of Criminal Conviction May Warrant Reopening of In Absentia Order
Unpublished BIA decisions remands for further consideration of motion to reopen challenging entry of in absentia order following vacatur of underlying criminal conviction. (Matter of Eustate, 12/20/13) Special thanks to IRAC
Amicus Practice Pointer: §245(i) Adjustment of Status After Garfias-Rodriguez
AILA Amicus Committee practice pointer on how to successfully advocate for §245(i) adjustment of status after the Ninth Circuit’s holding in Garfias-Rodriguez v. Holder. Special thanks to Stephen Manning and Megan Kent.
AILA Quicktake #64: Obama Administration Removal Numbers Misleading
In this Quicktake, AILA Advocacy Director Greg Chen discusses the recent removal numbers that Bloomberg reported in the press and how the decline is misleading when viewed from the macro perspective.
ICE FY2013 Removal Numbers
The 12/19/13 Enforcement and Removal Operations (ERO) annual report on FY2013 ICE immigration removals.
CA1 Upholds Asylum Denial for Chinese Christian
The court upheld the BIA’s conclusion that petitioner failed to establish prima facie eligibility for relief because the evidence in the motion to reopen did not show a reasonable likelihood that he would be individually targeted in China based upon his religion. (Wu v. Holder, 12/18/13)
CA2 Denies Asylum to Pro-Democracy Petitioners from China
The court denied the petitions for review, concluding there was insufficient evidence to suggest that the Chinese authorities would become aware of the petitioners’ pro-democracy activities while in the U.S. or that they would be targeted on that basis. (Y.C. v. Holder, 12/18/13)
Immigration Policy Center’s Perspectives on Immigration Detainers
Immigration Policy Center’s Perspectives on the faulty legal arguments behind immigration detainers.
USCIS Request for Comments on Proposed Revisions to DACA Form I-821D (Updated 12/24/13)
USCIS 60-day request for comments on proposed revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals (DACA), adding the ability to apply to renew DACA. Comments are due 2/18/14. Correction issued on 12/24/13. (78 FR 77696, 12/24/13) (78 FR 76637, 12/18/13)
BIA Finds Car Trouble May Justify Failure to Appear
Unpublished BIA decision vacates denial of motion to reopen order or removal issued in absentia where IJ applied per se rule against car trouble constituting exceptional circumstances justifying a failure to appear. (Matter of Haro Pena, 12/17/13) Special thanks to IRAC.
BIA Reinstates Proceedings for Former LPR Wishing to Challenge Rescission
Unpublished BIA decision vacates order granting DHS motion to terminate where respondent wishes to challenge the rescission of his LPR status by USCIS. (Matter of Malik, 12/17/13) Special thanks to IRAC.
District Court Finds Plaintiff Timely Registered for ABC Benefits
The district court denied the government’s motion to dismiss, finding facts sufficient to support plaintiff’s claim that he timely registered for ABC benefits on or before 12/31/91, even though his I-589 was stamped on 1/13/92. (Hernandez v. Napolitano, 12/17/13). Thanks to Charles Ellison.
AILA ICE Liaison Committee Meeting Q&As (12/17/13)
AILA ICE Liaison Committee questions and answers from the 12/17/13 liaison meeting with ICE, including information on access to credible fear interviews, the detention bed mandate, ATDs, detainee transfers, G-28s, medical exams, FOIA requests, PD, and communication with ICE OCC.
CA7 Denies Adjustment to Petitioner Whose Wife Failed to Maintain F-1 Status
The court dismissed the petition for review, finding that the petitioner was ineligible to adjust status under INA §245(I) and (k) based on his approved I-140 because he failed to maintain continuous lawful nonimmigrant status when his wife lost her F-1 status. (Kim v. Holder, 12/16/13)
BIA Finds Residence Cannot Be Imputed to Establish Eligibility for TPS
Unpublished BIA decision upholds denial of TPS application where respondent sought to benefit from imputation of parent’s presence and residence in U.S. (Matter of Lara, 12/16/13) Special thanks to IRAC.
CA8 Finds Petitioner Is Ineligible for Adjustment of Status
The court found the IJ and BIA did not err in concluding that the petitioner, who filed for adjustment while in removal proceedings, was ineligible for adjustment under INA §212(a)(2)(A)(i) because of his violation relating to a controlled substance. (Garcia-Gonzalez v. Holder, 12/9/13)
BIA Holds Deadline Under 245(i) Not Subject to Equitable Tolling
Unpublished BIA decision holds that the April 30, 2001, deadline to establish eligibility under Section 245(i) IS not subject to equitable tolling due to ineffective assistance of counsel. (Matter of Prasad, 12/13/13) Special thanks to IRAC.
BIA Remands Denial of Continuance Based on Analysis of 212(h) Waiver
Unpublished BIA decision remands for further consideration of continuance where IJ found respondent was unlikely to qualify for 212(h) waiver due to robbery conviction. (Matter of Lopez, 12/13/13) Special thanks to IRAC
BIA Finds Respondent Eligible for Asylum Based on FGM
Unpublished BIA decision finding respondent eligible for asylum, finding compelling reasons for being unwilling to return to Senegal based on female genital mutilation (FGM) irrespective of whether respondent has a well-founded fear of future persecution. Courtesy of Matthew Benson.
AILA/EOIR Liaison Meeting Minutes (12/12/13)
Minutes from the 12/12/13 AILA EOIR Liaison Committee meeting with EOIR. Topics include the impact of the government shutdown, unpublished BIA decisions, eRegistry and eFiling, provisional waivers, biometrics, waivers under §237(a)(1)(H), medical exams, and pre-trial pilot projects.
BIA Remands for Consideration of Unadjudicated Motions to Reopen
Unpublished BIA decision remands for consideration of motions to reopen based on changed country conditions in Russia that the IJ failed to adjudicate (Matter of Drabovskiy, 12/12/13) Special thanks to IRAC.
CA8 Remands Adverse Credibility Finding in Chinese Forced Abortion Case
The court granted the petition, finding that the BIA erred by adopting the IJ’s adverse credibility finding that was not supported by substantial evidence and discrediting the petitioner’s claim of past persecution in the form of a forced abortion in China. (Zhang v. Holder, 12/11/13)
CA7 Declines to Review Asylum Denial for Chinese Petitioner from Fujian Province
The court declined to review the asylum denial, noting that although the BIA and IJ’s opinions were flawed, the inadequacy of the lawyer’s brief, along with petitioner’s failure to present evidence of her financial situation, precluded vacating the asylum denial. (Chen v. Holder, 12/11/13)
CA4 Affirms Denial of Naturalization Application
The plaintiff argued the misrepresentations of her marital history on the adjustment application were due to attorney error, and the court affirmed the denial of her naturalization application, finding that she was not lawfully admitted for permanent residence. (Injeti v. USCIS, 12/11/13)
CA4 Finds Petitioner Ineligible for NACARA Relief Because of Persecutor Bar
The court denied the petition for review and agreed with the IJ and BIA that the petitioner, who was seeking cancellation of removal under NACARA, did not establish by a preponderance of the evidence that he did not engage in persecution in his home country. (Pastora v. Holder, 12/11/13)
BIA Upholds Decision Finding False Claim to Citizenship
Unpublished BIA decision finds respondent made false claim to U.S. citizenship by watching a third party complete a Form I-9 using a U.S. birth certificate issued in same name used on false state identification card. (Matter of Castillo, 12/11/13) Special thanks to IRAC