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
Practice Pointer: Understanding the 11/15/13 Policy Memorandum on Parole of Certain Military Family Members
AILA Military Assistance Project Practice Pointer on the 11/15/13 USCIS policy memorandum stating that it is generally an appropriate exercise of discretion to grant parole in place to certain military family members and clarifying the Adjudicator’s Field Manual to ensure consistent adjudication.
CA6 Upholds Qualified Immunity for ICE Agents Who Issued Detainer to USC
The court upheld the lower court’s finding of qualified immunity for the ICE defendants, finding the U.S. citizen plaintiff had no clearly established liberty interest in home confinement at the time he was transferred to a local jail as a result of a detainer. (Ortega v. ICE, 12/10/13)
CA2 Rejects Claim to Automatic Derivative Citizenship
The court held that petitioner was not entitled to automatic citizenship under former INA §321(a)(3) because his parents were never married and thus there could be no “legal separation” as required under the statute. (Pierre v. Holder, 12/10/13)
CA5 Says Drug Trafficking Conviction Is Not Required for Removal Under §212(a)(2)(C)
The court dismissed the petition, finding that a prior drug trafficking conviction was not required for removal under §212(a)(2)(C), and that DHS presented sufficient evidence to demonstrate it had “reason to believe” petitioner was an illegal drug trafficker. (Cuevas v. Holder, 12/10/13)
BIA Upholds Denial of Continuance for Post-Conviction Relief
Unpublished BIA decision upholds denial of continuance because respondent did not present evidence that motion for post-conviction relief would be adjudicated in “foreseeable future.” (Matter of Rosel, 12/9/13) Special thanks to IRAC.
CA2 Finds BIA Abused Its Discretion in Chinese Christian’s MTR
The court found the BIA abused its discretion when it denied petitioner’s MTR because she had not submitted a sworn statement in support of the new evidence she proffered, and because her expert witness had not provided copies of the sources on which he relied. (Indradjaja v. Holder, 12/9/13)
BIA Remands After Finding Methamphetamine Conviction Not An Aggravated Felony
Unpublished BIA decision where the Board remanded after disagreeing with the IJ’s holding that the DHS had established that the respondent’s 2013 Oregon state conviction for delivery of methamphetamines constituted a conviction for an aggravated felony. Courtesy of Robert Jaeggli.
BIA Reverses Denial of Continuance For Respondent Not Advised to Bring Witnesses to Next Hearing
Unpublished BIA decision reverses denial of request for continuance where IJ who presided over previous hearing did not instruct respondent to bring witnesses to testify in support of his adjustment application. (Matter of Aguilar-Morales, 12/6/13) Special thanks to IRAC.
BIA Remands for Consideration of 212(c) Relief
Unpublished BIA decision where the Board found that the Supreme Court precedent in Vartelas v. Holder allowed for the IJ to consider 212(c) relief since the respondent’s sole conviction pre-dated AEDPA and IIRIRA. Courtesy of Maude Laroche-St. Fleur.
BIA Terminates Removal Proceedings After Finding Domestic Abuse Conviction Not Divisible
Unpublished BIA decision terminating proceedings after finding that a conviction of domestic abuse, a misdemeanor under Oklahoma statute, is not divisible as it only references one crime and therefore the modified categorical approach used by the IJ was inapplicable. Courtesy of Kelli Stump.
CA1 Dismisses Motion to Reconsider for Lack of Jurisdiction
The court found no jurisdiction to review a final order of the BIA refusing to reconsider a previous denial of a motion to reopen. (Charuc v. Holder, 12/6/13)
BIA Holds Claiming “Citizen or National” on Form I-9 Not Sufficient for DHS to Establish False Claim to Citizenship
Unpublished BIA decision finding DHS failed to establish removability against respondent who checked “citizen or national” box on I-9, dismisses appeal as respondent did not establish she was “clearly and beyond doubt” not inadmissible. (Matter of Nyabwari, 12/5/13) Special thanks to IRAC.
BIA Finds Records Downloaded From PACER Properly Authenticated
Unpublished BIA decision finds DHS certification that criminal records were downloaded from PACER sufficient for purposes of authentication. (Matter of Aviles, 12/5/13) Special thanks to IRAC.
CBO Score for the SAFE Act (HR 2278)
The 12/5/13 Congressional Budget Office (CBO) cost estimate for H.R. 2278, the Strengthen and Fortify Enforcement Act (the SAFE Act).
AILA New Members Division E-News, December 2013 (Vol. 5, Issue 6)
This latest edition brings you expert practice tips related to working with consular posts, USCIS RFEs for H-1B petitions, and removal defense. Plus, don’t miss an article on an NMD member’s unique adjustment of status case.
Military Mixed Messages
A couple of weeks ago we heard from USCIS that adjudicators would be encouraged to use “Parole in Place“ for many close relatives of active duty, reservists, and veterans in our nation's armed services. It seemed like a no-brainer to many since these brave men and women have served our countr
CA9 Says IJ/BIA Did Not Violate Due Process by Relying on Hearsay DOS Investigation
The court held that due process is not violated when the IJ/BIA denies asylum based solely on unsworn, unauthenticated hearsay letters detailing a DOS investigation that were prepared for litigation without affording the petitioner the right to confront the charges. (Angov v. Holder, 12/4/13)
CA7 Dismisses Petitions to Review §212(c) Relief
The court denied the petitions for review, upholding the BIA’s findings that as a matter of discretion, petitioner would not receive §212(c) relief because of the nature of his conviction of aggravated criminal sexual abuse, and sua sponte review was not warranted. (Shah v. Holder, 12/4/13)
BIA Finds Texas Conviction Not Drug Trafficking Aggravated Felony
Unpublished BIA decision finds conviction for manufacture/delivery of controlled substance under Texas Health and Safety Code 481.112(d) not a drug trafficking aggravated felony. (Matter of Quiroga-Briones, 12/3/13) Special thanks to IRAC
CA1 Finds BIA Applied “Stop-Time” Rule Correctly
The court denied the petition for review, finding that the BIA’s correct application of the “stop-time” rule from the date of entry to the service of the Notice to Appear (NTA) precludes cancellation of removal relief. (Soto v. Holder, 12/3/13)
CA9 Upholds Waiver Denial
The court holds petitioner is not an inadmissible alien eligible for waiver under INA §237(a)(1)(H), because her charge of removability is not waivable, and because she was being deported based on her conviction for falsifying documents, not for inadmissibility. (Taggar v. Holder, 12/2/13)
DOJ OIL November/December 2013 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for November and December 2013, with articles on gang membership as a social group and immigration consequences of military service, as well as circuit court decisions for November and December 2013 and monthly topical parentheticals.
EOIR’s Uniform Docketing System Manual
EOIR’s Office of the Chief Immigration Judge issued the Uniform Docketing System Manual, dated December 2013, detailing the case processing system that governs the management of all cases in the Immigration Court.
Immigration Law Advisor, November-December 2013 (Vol. 7, No. 9)
Immigration Law Advisor, a legal publication from EOIR, with articles on the terrorism-related inadmissibility grounds (TRIG), circuit court decisions for October and November 2013, and a regulatory update on the extension of TPS for Somalia.
BIA Upholds Denial of Suppression Motion Challenging Questioning at Local Courthouse
Unpublished BIA decision upholds denial of motion to suppress where ICE officers questioned respondent at local courthouse because he accompanied friend with outstanding removal order. (Matter of Nolasco, 11/29/13) Special thanks to IRAC