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
ICE Memo on Use of Segregation for ICE Detainees
ICE 9/4/13 memo from John Sandweg, “Review of the Use of Segregation for ICE Detainees,” which establishes policy and procedures for monitoring and reviewing segregation placement decisions and states that administrative segregation due to special vulnerability should only be used as a last resort.
CA1 Upholds Denial of MTR for Chinese Christian in Indonesia
The court found it was not an abuse of discretion for the BIA to deny the untimely motion, noting that although the petitioner submitted evidence of changed conditions in Indonesia, the information was available at the time of the hearing. (Lie v. Holder, 9/4/13)
CA1 Declines to Exercise Jurisdiction in Asylum Case
Because it was unclear whether the BIA’s remand constituted a final order of removal and the petitioner subsequently filed a timely application for asylum, withholding and CAT relief, the court declined to exercise jurisdiction. (Cano-Saldarriaga v. Holder, 9/4/13)
CA3 Remands for BIA to Clarify Matter of Eslamizar
The court granted the petition for review and remanded, asking the BIA to reconsider whether the petitioner was convicted of a crime under INA §237(a)(2)(A)(ii) and to clarify Eslamizar and the agency’s reading of §101(a)(48)(A). (Castillo v. Att’y Gen., 9/3/13)
VOICE: September/October 2013
This issue of VOICE offers tips on pursuing a National Interest Waiver as an alternative to PERM, filing an adjustment for a TPS recipient, and more! Also, complete our crossword puzzle correctly and get 15% off of Immigration Consequences of Criminal Activity! Offer expires 12/31/13.
Immigration Law Advisor, August 2013 (Vol. 7, No. 7)
Immigration Law Advisor, a legal publication from EOIR, with an article on Moncrieffe v. Holder, circuit court decisions for July 2013, recent BIA precedent decisions, and a regulatory update.
BIA Remands Due to Concerns After Finding IJ Proceedings Inadequate
Unpublished BIA decision remanding the case after expressing concern with how the immigration judge conducted the hearing and finding he failed to make clear factual findings about the respondent’s voluntary departure eligibility. Special thanks to IRAC. (Matter of Juarez, 8/30/13)
BIA Reverses IJ Decision and Administratively Closes Proceedings
Unpublished BIA decision where the Board granted a DHS motion to use prosecutorial discretion to administratively close proceedings for a respondent with a LPR mother and U.S. citizen children. Special thanks to IRAC. (Matter of Rondin-Nieves, 8/30/13)
BIA Grants DHS Appeal After IJ Failed to List Factors Used for Determining Admin Closure
Unpublished BIA decision granting interlocutory DHS appeal challenging administrative closure against a detained respondent because the IJ failed to discuss the factors listed in Matter of Avetisyan and his custody status. Special thanks to IRAC. (Matter of Cisneros, 8/30/13)
BIA Remands After IJ Denied Derivative Citizenship Claim Without Sufficient Fact Finding
Unpublished BIA decision remanding the record for issuance of a new decision addressing all evidence relevant to the respondent’s claim of derivative citizenship, including a delayed birth certificate listing a U.S. citizen as the father. Special thanks to IRAC. (Matter of Gomez, 8/30/13)
CA1 Upholds Denial of Adjustment and Cancellation Due to Marriage Fraud
The court held that the BIA did not err in finding that the petitioner materially misrepresented the circumstances of his marriage, and deemed the petitioner ineligible for adjustment of status and cancellation of removal. (Agyei v. Holder, 8/30/13)
CA1 Holds One-Time Sale of Single Firearm Is an Aggravated Felony
The upheld the BIA’s determination that the petitioner’s one-time sale of a single firearm constitutes “trafficking in firearms” under INA §101(a)(43)(c), and thus is an aggravated felony. (Soto-Hernandez v. Holder, 8/30/13)
AIC Practice Advisory: Advance Parole for Deferred Action for Childhood Arrivals (DACA) Recipients
The American Immigration Council's Legal Action Center (LAC) and the Catholic Legal Immigration Network practice advisory titled “Advance Parole for Deferred Action for Childhood Arrivals Recipients”, on advance parole eligibility and the impact of travel on future immigration benefits.
CA9 Remands Asylum Claim for Prison Guard in India
The court granted the petition for review and remanded, concluding that the BIA misapplied the relevant precedent in determining whether the petitioner’s actions rose to the level of “personal involvement” when triggering the persecutor bar. (Kumar v. Holder, 8/29/13)
LAC Resources on Video Hearings in Immigration Court
The American Immigration Council provides resources on video hearings in immigration court obtained through a FOIA request. Records provided include an index of the documents, as well as a historical overview of EOIR’s use of video hearings and advocates’ complaints/critiques and EOIR’s responses.
CA1 Retroactively Applies Stop-Time Rule to Pre-IIRIRA Order to Show Cause
The court found that because the petitioner arrived in the U.S. in 1986 and his removal proceedings began in 1987, IIRIRA’s 1996 stop-time rule applied retroactively, and he had not accrued the necessary years of physical presence. (Aguirre v. Holder, 8/28/13)
BIA Remands After IJ Fails to Advise Respondent of Right to Counsel
Unpublished BIA decision remanding case after finding IJ failed to comply with 8 C.F.R. 1240.11(c)(1)(iii) by not advising respondent of his right to counsel specifically in asylum-related relief nor provide him with a legal services list. Special thanks to IRAC. (Matter of K-O, 8/27/13)
BIA Grants Joint Motion to Reinstate Voluntary Departure
Unpublished BIA decision where the Board, on remand from the Seventh Circuit’s decision in Akram v. Holder, granted a joint motion to reinstate voluntary departure and terminate proceedings. Special thanks to IRAC. (Matter of Akram, 8/27/13)
BIA Reopens Proceedings Over DHS Objection and Remands for Further Review
Unpublished BIA decision where the Board reopened proceedings sua sponte over DHS objection and remanded the record to the Immigration Court for further proceedings regarding the respondent’s removability and the status of his conviction. Special thanks to IRAC. (Matter of Lall, 8/27/13)
CA9 Holds Petitioner Has Constitutional Right to Testify in Support of Asylum Application
The court granted the petition for review, finding that the IJ prejudiced the petitioner by denying his constitutional right to testify in support of his asylum application and making an adverse credibility finding based principally on the cross-examination. (Oshodi v. Holder, 8/27/13)
BIA Grants Interlocutory Appeal After DHS Supports Motion to Change Venue
Unpublished BIA decision where the Board granted an interlocutory appeal of a denial of the respondent’s motion to change venue after DHS filed a brief in support of the motion. Special thanks to IRAC. (Matter of Del Cid-Melara, 8/26/13)
BIA Remands After Pro Bono Organization Letter Was Undeliverable
Unpublished BIA decision remanding case after finding that the IJ should have granted a further continuance for respondent to obtain counsel after noting that a letter sent to a pro bono organization was returned as undeliverable. Special thanks to IRAC. (Matter of Perez-Baez, 8/26/13)
BIA Remands Because IJ Did Not Question Respondent After He Expressed Fear
Unpublished BIA decision remanding the case "in an abundance of caution" because the IJ did not further question him after he expressed a fear of returning to Mexico. Special thanks to IRAC. (Matter of Guzman-Rodriguez, 8/23/13)
BIA Remands For IJ to Issue Full Decision on TPS Application
Unpublished BIA decision remanding decision because IJ did not prepare a separate oral or written decision on the TPS denial and requesting that the IJ review whether the late-filed TPS application should be adjudicated on its merits. Special thanks to IRAC. (Matter of Hernandez, 8/23/13)
ICE Memo with Policies and Procedures Addressing Alien Parents and Legal Guardians of Minor Children
ICE 8/23/13 memo from John Sandweg, Acting Director of ICE, titled “Facilitating Parental Interests in the Course of Civil Immigration Enforcement Activities,” with ICE procedures addressing the placement, monitoring, accommodation, and removal of alien parents or legal guardians of minor children.