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
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)
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)
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
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)
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Unpublished BIA decision finds conviction for manufacture/delivery of controlled substance under Texas Health and Safety Code 481.112(d) not a drug trafficking aggravated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
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)
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.
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.
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
CA1 Declines to Review Cancellation Denial
The court dismissed the petition, finding it lacked jurisdiction to review the BIA’s holding that petitioner’s second state conviction for possession of a controlled substance was an aggravated felony rendering her ineligible for cancellation under INA §240A. (Ortega v. Holder, 11/27/13)
BIA Holds Robbery Victim Did Not Provide Material Support to Guatemalan Guerrillas
Unpublished BIA decision upholds grant of cancellation under NACARA upon finding respondent did not provide “material support” to guerillas who stole food from his store at gunpoint. (Matter of Gonzales, 11/26/13) Special thanks to IRAC
BIA Finds Respondent Improperly Classified as Arriving Alien and Denied Opportunity to Seek Adjustment
Unpublished BIA decision finds respondent improperly classified as “arriving alien” because he was paroled prior to April 1, 1997, and eligible to renew adjustment application in removal proceedings after denial by USCIS. (Matter of Nguyen, 11/26/13) Special thanks to IRAC
CA2 Remands Denial of Motion to Reopen for Cancellation
The court found that in refusing to reopen proceedings, the BIA erred by finding petitioner had not met his burden of proving ten years of physical presence, and thus remanded to the BIA where the petitioner may present new evidence of hardship. (Hernandez v. Holder, 11/25/13)
DHS Withdraws Appeal of Decision Finding Georgia Traffic Offenses Not Misdemeanors for Immigration Purposes
Unpublished BIA decision returns record after DHS withdraws appeal of ruling holding Georgia traffic offenses are not misdemeanors for federal immigration purposes despite being misdemeanors under state law. (Matter of Hernandez, 11/25/13) Special thanks to IRAC.
BIA Rescinds In Absentia Order Where DHS Failed to Serve Appeal Notice
Unpublished BIA decisions rescinds in absentia order due to DHS failure to serve copy of appeal notice when successfully challenging IJ decision terminating proceedings against respondent. (Matter of Guzman, 11/25/13) Special thanks to IRAC.
TRAC Report Shows Immigration Prosecutions Reached All-time High in FY2013
Transactional Records Access Clearinghouse (TRAC) report with latest available DOJ data showing that during FY2013, immigration prosecutions reached an all-time high, with new cases being filed against 97,384 defendants, an increase up 5.9% over the past fiscal year.
CA4 Upholds Adverse Credibility Finding in Chinese Forced Abortion Case
The court declined to review the asylum denial, upholding the BIA’s finding of inconsistencies in petitioner’s statements regarding her marital status and forced abortion and noting the DOS report that population controls are no longer strictly enforced in China. (Lin v. Holder, 11/22/13)
BIA Finds Florida Possession of Marijuana With Intent to Sell Not Aggravated Felony
Unpublished BIA decision remands to consider cancellation application in light of Eleventh Circuit Donawa decision finding Florida possession of marijuana with intent to sell not a categorical drug trafficking aggravated felony. (Matter of Drummond, 11/22/13) Special thanks to IRAC.
CA11 Remands Asylum Denial for BIA to Consider Corroborating Evidence
In an unpublished decision, the court found that the adverse credibility finding was not supported by specific, cogent reasons and remanded for the BIA to consider the corroborating evidence. Courtesy of Roberto Matus. (Olivares v. Att'y General, 11/22/13)
Bipartisan House Letter on DHS PREA Regulations
A 11/22/13 letter from a bipartisan group of 12 members of Congress to President Barack Obama addressing the urgent need to implement final Department of Homeland Security PREA (Prison Rape Elimination Act) regulations.
EOIR Reminder for Attorneys to Complete eRegistry Process
EOIR notice reminding attorneys and fully accredited representatives who practice before the immigration courts and the BIA to complete steps one and two of the eRegistry process by 12/10/13. On that date, registration becomes a requirement to appear before EOIR.
BIA Remands For IJ To Reconsider in Light of Supreme Court Ruling in Descamps
Unpublished BIA decision remanding so the IJ can consider whether a criminal sexual conduct third degree under Minnesota State Statute 609.344 is an aggravated felony in light of the Supreme Court decision in Descamps v. U.S. Courtesy of Marcus Anton Jarvis.
CA9 Finds Arizona Conviction for Racketeering Is Aggravated Felony
The court lacked jurisdiction to review the petition, finding that the BIA did not err in determining that Petitioner’s Arizona conviction for racketeering constituted an aggravated felony that rendered him ineligible for cancellation. (Murillo-Prado v. Holder, 11/20/13)
BIA Finds Alaska Third Degree Theft Not CIMT
Unpublished BIA decision upholds termination of proceedings upon finding Alaska third degree theft not categorical CIMT and nothing in record of conviction established intent to permanent deprive victim of property. (Matter of Casilla Nunez, 11/20/13) Special thanks to IRAC.