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
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.
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Unpublished BIA decision remands for evidentiary hearing concerning non-receipt of hearing notice where Notice To Appear and in absentia removal order were returned as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Unpublished BIA decision finds “reason to believe” in INA 212(a)(2)(C) is akin to “probable cause,” and upholds the finding of inadmissibility based on drug-related arrest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
BIA Remands After 90-Day Filing Window Due to Totality of Circumstances
Unpublished BIA decision remands even though respondent’s motion was untimely filed, as respondent received inaccurate information from DHS officials regarding how to proceed and the new counsel obtained conviction records not previously in the record. Courtesy of Haitham Ballout.
BIA Denies §245(i) Adjustment Application Due to Improper Labor Certification Filing
Unpublished BIA decision upholds denial of adjustment application under INA 245(i) because the underlying labor certification was filed in the wrong state. (Matter of Anwar, 12/30/13) Special thanks to IRAC.
BIA Finds Retraction of False Citizenship Claim Not Made Voluntarily and Without Delay
Unpublished BIA decision finds retraction of false claim to U.S. citizenship after presentation of evidence of French citizenship was not made “voluntarily and without delay.” (Matter of Martin, 12/27/13) Special thanks to IRAC.
CRS Report on Prosecutorial Discretion in Immigration Enforcement
Congressional Research Service (CRS) report on prosecutorial discretion in immigration enforcement including how it is applied and potential limits on the exercise of discretion.
BIA Finds Hand-Written IJ Decision Not Sufficient for Appellate Review
Unpublished BIA decision remands for further consideration of motion to reopen because IJ’s hand-written decision stating that the “court courts with the position of DHS” was not sufficient for meaningful appellate review. (Matter of Ibrahim, 12/26/13) Special thanks to IRAC.
CA4 Denies Petition to Review Forced Sterilization Claim
The court denied the petition to review the denial of asylum and withholding, finding that the adverse credibility finding relating to petitioner’s claim that he would be sterilized in China instead of his wife was supported by substantial evidence. (Pan v. Holder, 12/17/13)
BIA Considers Appeal on Merits After Removal of Respondent
Unpublished BIA decision finds that respondent’s removal while the appeal of the denial of his motion to reopening was pending did not represent a “departure” under 8 CFR 1003.4 constituting a withdrawal of the appeal. (Matter of Amparo Abreu, 12/24/13) Special thanks to IRAC.
CA9 on BIA’s “Place-of-Filing” Rule
The court vacated and remanded, holding that the BIA’s “place-of-filing” rule is a procedural claims-processing rule, not a jurisdictional bar to the BIA’s authority to consider a motion to reopen. (Hernandez v. Holder, 12/24/13)
CA1 Denies Asylum to Chinese Petitioner
The court denied the petition to review, finding that petitioner did not establish past persecution, future persecution, nor a clear probability of future torture, based on his wife’s forced sterilization in China. (Wu v. Holder, 12/23/13)
CA1 Upholds Asylum Denial for Christian from Nigeria
The court dismissed the motion to reopen as untimely and denied the motion to reconsider, finding no evidence of legal error, nor abuse of discretion. (Saka v. Holder, 12/23/13)
CA1 Upholds Asylum Denial for Greek Petitioner from Albania
The court denied the claim for asylum, upholding the IJ and BIA conclusions that improved conditions in Albania rebutted the petitioner’s presumption of a well-founded fear of persecution based on either his democratic political opinion or Greek ethnicity. (Ruci v. Holder, 12/23/13)
Amicus Brief on Not Adopting a Broad Reading of “Misdemeanor Crime of Domestic Violence”
Amicus brief filed by ASISTA, IDP, ILRC, National Immigration Project, and WDA, urging the Supreme Court that a ruling reversing the Court of Appeals based on a broad reading of “misdemeanor crime of domestic violence” could have profound effects on immigration law.
BIA Finds Vacatur of Criminal Conviction May Warrant Reopening of In Absentia Order
Unpublished BIA decisions remands for further consideration of motion to reopen challenging entry of in absentia order following vacatur of underlying criminal conviction. (Matter of Eustate, 12/20/13) Special thanks to IRAC
AILA Amicus Brief on Reopening Reinstated Removal Orders
AILA amicus brief urging CA7 to rehear Cordova-Soto en banc, and arguing that reopening reinstated removal orders should be permitted in cases where the original removal order was entered in violation of law or otherwise represents a gross miscarriage of justice.
EOIR Announces New Facebook Account
EOIR notice on 12/20/13 announcing that EOIR has opened a Facebook account as a second media channel to receive updates. The EOIR website will continue to be the agency’s primary source of information online.
AILA Quicktake #64: Obama Administration Removal Numbers Misleading
In this Quicktake, AILA Advocacy Director Greg Chen discusses the recent removal numbers that Bloomberg reported in the press and how the decline is misleading when viewed from the macro perspective.
ICE FY2013 Removal Numbers
The 12/19/13 Enforcement and Removal Operations (ERO) annual report on FY2013 ICE immigration removals.
Amicus Practice Pointer: §245(i) Adjustment of Status After Garfias-Rodriguez
AILA Amicus Committee practice pointer on how to successfully advocate for §245(i) adjustment of status after the Ninth Circuit’s holding in Garfias-Rodriguez v. Holder. Special thanks to Stephen Manning and Megan Kent.
Immigration Policy Center’s Perspectives on Immigration Detainers
Immigration Policy Center’s Perspectives on the faulty legal arguments behind immigration detainers.
USCIS Request for Comments on Proposed Revisions to DACA Form I-821D (Updated 12/24/13)
USCIS 60-day request for comments on proposed revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals (DACA), adding the ability to apply to renew DACA. Comments are due 2/18/14. Correction issued on 12/24/13. (78 FR 77696, 12/24/13) (78 FR 76637, 12/18/13)
CA1 Upholds Asylum Denial for Chinese Christian
The court upheld the BIA’s conclusion that petitioner failed to establish prima facie eligibility for relief because the evidence in the motion to reopen did not show a reasonable likelihood that he would be individually targeted in China based upon his religion. (Wu v. Holder, 12/18/13)
CA2 Denies Asylum to Pro-Democracy Petitioners from China
The court denied the petitions for review, concluding there was insufficient evidence to suggest that the Chinese authorities would become aware of the petitioners’ pro-democracy activities while in the U.S. or that they would be targeted on that basis. (Y.C. v. Holder, 12/18/13)