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
CA1 Upholds Denial of MTR for Guatemalan Teacher Seeking Asylum
The court denied the petition for review, upholding the BIA’s denial of the motion to reopen (MTR) the removal proceedings, because the new evidence did not prove persecution in Guatemala was on account of teachers’ public teaching and opposition to gangs. (Rosales v. Holder, 1/15/14)
DOJ 30-Day Extension to Request for Comments on Voluntary Form EOIR-31A
DOJ 30-day comment request allowing an additional 30 days for comments on the Request by Organization for Accreditation of Non-Attorney Representative (Voluntary Form EOIR-31A). Comments are now due 2/13/14. (79 FR 2478, 1/14/14)
BIA Remands to Consider Adjustment Application
Unpublished BIA decision grants motion to remand upon finding evidence submitted on appeal sufficient to warrant consideration of adjustment application. (Matter of Suvarnasara, 1/14/14) Special thanks to IRAC
BIA Articulates Scope of Moncrieffe v. Holder
Unpublished BIA decision says Supreme Court’s decision in Moncrieffe holds that a marijuana distribution offense that does not involve remuneration or more than a small amount it is not an aggravated felony “under the Act.” (Matter of Contreras, 1/14/14) Special thanks to IRAC.
BIA Finds Pastor Violated R-1 Status
Unpublished BIA decision finds pastor to be in violation of his R-1 status because he was no longer employed by his sponsoring church. (Matter of Cameron, 1/13/14) Special thanks to IRAC
BIA Finds Conviction for Drug Trafficking Aggravated Felony Based on Conviction Records
Unpublished BIA decision finds conviction for possession with intent to distribute under Iowa Code 124.401(1)(d) is drug trafficking aggravated felony based on quantity of drug and cash found at scene. (Matter of Iruegas Gomez, 1/13/14) Special thanks to IRAC
BIA Reopens Proceedings After Conviction Vacated for Sixth Amendment Violation
Unpublished BIA decision reopens proceedings sua sponte after respondent’s conviction is vacated because criminal court failed to advise him of his Sixth Amendment right to assistance of counsel. (Matter of Carbonell, 1/13/14) Special thanks to IRAC.
BIA Remands VAWA Cancellation Case, Distinguishes Matter of A-M-
In an unpublished decision, the BIA disagreed with the IJ’s conclusion that respondent was ineligible for relief, noting that although she ended her abusive relationship in 2001, she has neither received prior VAWA benefits nor does she have any other available relief. Courtesy of Kelli Stump.
District Court Adopts Bright-Line Six-Month Rule in Prolonged Detention Case
Adopting the reasoning of the Ninth Circuit, the district court held that detention pursuant to INA §236(c) is presumptively unreasonable after six months and that ICE detainees are entitled to a bond hearing after six months. (Reid v. Donelan, 1/9/14)
1st Things First (October 2013)
October 2013 edition of 1st Things First. Courtesy of the AILA New England Chapter.
CA8 Gives Deference to March 9, 2005 Yates Memo on 245(i)
The court affirmed the BIA’s decision that petitioner was not grandfathered under INA §245(i) based on an I-130 that was filed by his former LPR spouse and granted in 1986, because the I-130 had already been used by the beneficiary to obtain adjustment of status. (Mansour v. Holder, 1/9/14)
USCIS Provides TRIG Statistics from 1/8/14 Meeting
Statistics current as of 12/31/13, provided by USCIS at a TRIG stakeholder meeting held on 1/8/14, including statistics on exemptions granted by category, exemptions denied by type of application, and cases on hold by type of application.
AILA/AIC File Amicus Brief on 212(h) Waiver Eligibility
Amicus brief filed by AILA and AIC, arguing that an individual who adjusts to LPR status after entering the U.S. is eligible for a 212(h) waiver because he is not “an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence.”
BIA Reopens Sua Sponte for Pursuit of Adjustment of Status
Unpublished BIA decision reopens proceedings sua sponte over DHS opposition to permit respondent to seek adjustment of status based on an approved I-130. (Matter of Boye, 1/8/14) Special thanks to IRAC.
BIA Says Noncitizens Must Have Access to Visa or Entry Document in Proceedings
Unpublished BIA decision remands record due to submission of evidence on appeal indicating respondent was admitted on agricultural visa, says respondents "shall have access to the alien's visa or other entry document" during proceedings. (Matter of Torres, 1/6/14) Special thanks to IRAC.
BIA Denies Reopening After Legalization of Same-Sex Marriage
Unpublished BIA decision denies motion to reopen based on same-sex marriage to U.S. citizen because marriage certificate and pending I-130 were not sufficient to establish bona fides. (Matter of Lopez, 1/3/14) Special thanks to IRAC.
CA7 Denies Extreme-Hardship Waiver for Petitioner Convicted of Marriage Fraud
The court denied the petition for review, finding that the petitioner’s due process argument failed because he had no legitimate claim of entitlement to an extreme-hardship waiver under INA §216(c)(4). (Darif v. Holder, 1/2/14)
CA3 on Finality of Conviction for Immigration Purposes
The court reversed the decision of the IJ and BIA, holding that a conviction does not attain a sufficient degree of finality for immigration purposes until direct appellate review of the conviction has been exhausted or waived. (Orabi v. Att’y Gen., 1/2/14)
DOJ OIL January 2014 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for January 2014, with articles on individuals with bipolar disorder as a particular social group and the immigration consequences of military service, as well as circuit court decisions for January 2014 and monthly topical parentheticals.
EOIR Publishes “Phase I Guidance” Regarding Protections for Detained, Unrepresented Aliens Who May Be Mentally Incompetent
EOIR’s final “Phase I Guidance” regarding its nationwide plan to provide protections to detained unrepresented aliens who may be mentally incompetent to represent themselves.
CA9 Finds Material Inconsistencies in One Asylum Claim Support an Adverse Credibility Determination on Another Claim
The court denied the petition for review, applying the maxim falsus in uno, falsus in omnibus to find that material inconsistencies in testimony regarding one claim support an adverse credibility determination on another claim in a pre-REAL ID Act case. (Li v. Holder, 12/31/13)
BIA Grants Motion to Reconsider Based on Error Regarding Eligibility for U Status
Unpublished BIA decision grants motion to reconsider after recognizing prior erroneous determination that respondent was not prima facie eligible for U status. (Matter of Gutierrez, 12/31/13) Special thanks to IRAC.
BIA Reverses IJ’s Discretionary Denial of Asylum in Somali FGM Case
Unpublished BIA decision sustains the appeal, reverses the IJ’s discretionary denial of asylum, and concludes respondent met her burden of proof for asylum based on FGM and merits relief as a matter of discretion. Courtesy of Kimberly Hunter.
BIA Remands For Evidentiary Hearing Regarding Failure to Receive Hearing Notice
Unpublished BIA decision remands for evidentiary hearing concerning non-receipt of hearing notice where Notice To Appear and in absentia removal order were returned as undeliverable. (Matter of Szypulski, 12/30/13) Special thanks to IRAC
BIA Upholds “Reason to Believe” Finding Against Suspected Drug Dealer
Unpublished BIA decision finds “reason to believe” in INA 212(a)(2)(C) is akin to “probable cause,” and upholds the finding of inadmissibility based on drug-related arrest and invocation of Fifth Amendment. (Matter of Isabel Diaz, 12/30/13) Special thanks to IRAC