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
CA4 Denies Chinese Religious Persecution Claim and Remands Forced Sterilization Claim
The court remanded the forced sterilization claim, as the BIA relied on the 2007 DOS China Report and did not account for the contrary evidence that parents of two U.S.-born children could face persecution in China. (Chen v. Holder, 2/5/14)
BIA Reopens Proceedings Due to Attorney Failure to Seek Relief
Unpublished BIA decision reopens proceedings due to ineffective assistance of counsel where the respondent’s prior attorney conceded failure to seek voluntary departure or administrative closure. (Matter of Barrera, 2/5/14) Special thanks to IRAC.
BIA Remands Record Due to USCIS Delay in Forwarding I-130 Appeal
Unpublished BIA decision states that when respondent in removal proceedings is separately appealing denial of I-130, any delay by USCIS in forwarding record to Board is a factor in favor of granting continuance. (Matter of Ngema, 2/5/14) Special thanks to IRAC.
EOIR Updates to Immigration Court Practice Manual
The Office of the Chief Immigration Judge alert on updates to the Table of Contents, Glossary, and Indexes of the Immigration Court Practice Manual. Updates relate to changes to lodging asylum applications in Chapters 3 and 4, and to include a definition of “lodged asylum application.”
BIA Reverses Denial of 212(k) Waiver
Unpublished BIA decision finds eligibility for 212(k) depends on applicant’s state of mind at time of initial admission rather than re-entry, and that failure to alert authorities of potential fraud is not adverse discretionary factor. (Matter of Shin, 2/4/14) Special thanks to IRAC.
BIA Recognizes Effeminate Gay Males from Mexico as Particular Social Group
Unpublished BIA decision finds effeminate gay males from Mexico with female gender identities to qualify as particular social group for purposes of asylum and withholding of removal. (Matter of M-G-O-, 2/4/14) Special thanks to IRAC.
EOIR Adds Country Conditions Resource Information to Virtual Law Library
EOIR press release on resources that are now available in EOIR’s Virtual Law Library, including publicly available information on 54 countries, with documents on multiple aspects of country conditions that could be relevant to respondents before the immigration courts and the BIA.
DHS Privacy Impact Assessment Report on CasePro System
DHS Privacy Impact Assessment report on the Center Adjudication System Electronic Processing system (CasePro), which automatically processes filings for Temporary Protected Status, Deferred Enforced Departure, and Deferred Action for Childhood Arrivals.
Immigration Law Advisor, January 2014 (Vol. 8, No. 1)
Immigration Law Advisor, a legal publication from EOIR, with articles on special immigrant juveniles, circuit court decisions for December 2013 and calendar year 2013 totals, summary of BIA precedent decisions, and a regulatory update.
Immigration Law Advisor, February 2014 (Vol. 8, No. 2)
Immigration Law Advisor, a legal publication from EOIR, with articles on social “visibility,” summary of recent circuit court decisions for January 2014, summary of BIA precedent decisions, and a regulatory update.
AILA New Members Division E-News, February 2014 (Vol. 6, Issue 1)
This latest edition brings you expert practice tips related to working with criminal defense attorneys, dealing with ethical dilemmas, departure and return, and VAWA. Plus, don’t miss an article on forming EB-5 regional centers.
DOJ OIL February 2014 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for February 2014, with articles on BIA’s clarification on the elements of particularity and social visibility to establish a particular social group, Silva-Trevino v. Holder, and TPS for Haiti, as well as circuit court decisions for February 2014.
BIA Reopens Proceedings After Amendment to Criminal Indictment
Unpublished BIA decision reopens proceedings after trial court strikes term “embezzlement” and reference to respondent’s employer from criminal indictment. (Matter of Flores-Razo, 1/31/14) Special thanks to IRAC.
CA5 Dismisses Ineffective Assistance of Counsel Claim, Finds BIA Was Entitled to Enforce Waiver of Appeal
The court held that since petitioner neglected to inform his attorney of the ineffective assistance of counsel claim, the BIA was entitled to enforce the waiver submitted through counsel and summarily dismiss the appeal for lack of jurisdiction. (Hernandez-Ortez v. Holder, 1/31/14)
CA5 Vacates and Remands BIA Decision in Silva-Trevino
Limiting its analysis to the “convicted of” clause of §212(a)(2)(A)(i), the court found the Attorney General’s method of considering extrinsic evidence in a crime involving moral turpitude analysis was inconsistent with the statute and contrary to precedent. (Silva-Trevino v. Holder, 1/30/14)
CA6 Upholds Adverse Credibility Finding in Asylum Denial for Ukrainian Citizen
The court denied the petition to review the asylum denial, finding that under the REAL ID Act, inconsistencies the IJ found in petitioner’s testimony were sufficient for an adverse credibility finding, although they did not go to the heart of the asylum claim. (Slyusar v. Holder, 1/30/14)
Settlement in Class Action Lawsuit Challenging Shackling of Immigration Detainees in Court
The ACLU of Northern California and other groups reached a settlement where individuals appearing for bond or merits hearings will no longer be shackled, absent an emergency situation. Only individuals with master calendar hearings on the court’s detained docket will have to wear restraints.
BIA Remands Record Where Attorney Failed to Appear at Hearing
Unpublished BIA decision finds IJ should have granted continuance or obtained explicit waiver of right to counsel after respondent’s attorney failed to appear. (Matter of Chavez, 1/30/14) Special thanks to IRAC.
AILA Agrees with President Obama: "It’s Time for Immigration Reform"
AILA applauds the renewed commitment to real immigration reform exemplified by President Obama in his State of the Union address. During his speech he focused on many topics but on immigration he was focused and concise, tying fixing our broken immigration system to economic growth.
BIA Remands for Hearing on Abandonment of LPR Status
Unpublished BIA decision remands record for hearing on whether respondent intended to abandon LPR status by signing Form I-407 so he could obtain medical treatment abroad. (Matter of Morisset Boisvert, 1/29/14) Special thanks to IRAC.
BIA Upholds Suppression of Evidence Due to Prolonged Traffic Stop
Unpublished BIA decision upholds suppression of evidence obtained after respondent was detained after accidentally turning into National Security Agency facility, says evidence of alienage from state database not sufficiently attenuated. (Matter of Lara, 1/28/14) Special thanks to IRAC.
BIA Says Descamps Supersedes Prior Decisions on Divisibility
Unpublished BIA decision terminates proceedings after finding Florida’s theft statute not divisible and prior Board decisions on the modified categorical approach superseded by Descamps v. U.S. (Matter of Forvilus, 1/28/14) Special thanks to IRAC.
BIA Remands Asylum Claim of Eritrean Fearing Military Service
Unpublished BIA decision remands for further consideration of asylum claim due to evidence indicating that Eritrean military conscripts are subjected to involuntary servitude and evaders receive disproportionate punishment (Matter of D-G-, 1/28/14) Special thanks to IRAC.
AILA’s Take on the Detention Bed Quota (Updated 4/2/14)
AILA’s take on the detention bed quota, an arbitrary number of detention beds set by Congress each year during the appropriations process.
USCIS Provides Asylum Division Statistics (October 2013 Through December 2013)
Statistics provided by USCIS Asylum Division including data on asylum office workload, number of asylum applications filed, breakdown of nationalities of asylum applicants, statistics on cases completed, credible fear reports, country-specific info, and more, for October 2013 through December 2013.