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
BIA Remands Because IJ Did Not Advise Respondent of All Forms of Eligible Relief
Unpublished BIA decision where the Board found the respondent knowingly waived his right to counsel but remanded the case because the IJ must advise the respondent of the forms of eligible relief including voluntary departure. Special thanks to IRAC. (Matter of Barajas Acevedo, 8/15/13)
BIA Reopens Proceedings Sua Sponte After Padilla Hearing and Amended Pleas
Unpublished BIA decision reopening proceedings sua sponte after a state court vacated the conviction for attempted assault in the second degree in violation of N.Y.P.L. 110-120.05-02 and allowed him to plead guilty to a lesser violation. Special thanks to IRAC. (Matter of Rajpaul, 8/15/13)
CA10 Dismisses Adjustment Case for Lack of Jurisdiction
In a nonprecedential decision, the court dismissed the petition for lack of jurisdiction, finding that the BIA’s decision on ineligibility for adjustment of status did not affect the BIA’s exercise of discretion. (Girard-Lara v. Holder, 8/14/13)
CA9 Grants Petition for Review of Reinstated Order of Removal and Remands to ICE
The court directed ICE to reconsider the case on remand, holding that because the prior removal order was invalidated on constitutional grounds, the government could not rely on a pre-prosecution determination to reinstate the prior order. (Villa-Anguiano v. Holder, 8/14/13)
Trouble with EOIR Registration? EOIR Says "Try Again"
AILA has learned of a glitch in the EOIR registration system whereby EOIR sent an e-mail indicating that a request for a new account had been denied. EOIR is aware of the problem and reports that attorneys receiving this e-mail should simply re-register.
BIA Finds Respondent’s Infraction To Be a “Conviction”
Unpublished BIA decision where the Board rejected the respondent's argument that a theft offense where he pled nolo contendere was not a "conviction" for immigration purposes because it was processed as an "infraction.” Special thanks to IRAC. (Matter of Ugas Gil, 8/14/13)
BIA Denies Claim Finding Respondent Could Not Rely on Misstatements by USCIS
Unpublished BIA decision upholding order of removal and denying respondents’ claim that the government was equitably estopped from removing them based on the respondent's receipt of an erroneous USCIS letter referring to an approved AOS. Special thanks to IRAC. (Matter of Qureshi, 8/14/13)
BIA Remands for Reopening Due to Respondent’s Eligibility for AOS
Unpublished BIA decision where proceedings were reopened as matter of discretion to allow the respondent to pursue adjustment as beneficiary of an approved visa petition filed after receiving pre-conclusion voluntary departure. Special thanks to IRAC. (Matter of Rodriguez Martinez, 8/14/13)
BIA Denies Interlocutory Appeal as Question Raised Not Within Jurisdiction
Unpublished BIA decision where the Board declined to exercise jurisdiction over a DHS interlocutory appeal challenging the decision of an IJ to admin close proceedings against a detained respondent awaiting adjudication of a U visa. Special thanks to IRAC. (Matter of Khan, 8/14/13)
BIA Declines Interlocutory Appeal As Issues Raised Do Not Fall Within Limited Ambit of Appropriate Cases
Unpublished BIA decision where the Board declined to exercise jurisdiction over a DHS interlocutory appeal challenging the decision of an IJ to admin close proceedings against a detained respondent. Special thanks to IRAC. (Matter of Aguilera, 8/14/13)
BIA Terminates Proceedings After DHS Fails To Provide Proof LPR Card Is Fraudulent
Unpublished BIA decision where the Board terminated proceedings against the respondent upon finding DHS provided no reason not to accept at face value the LPR card he was granted in 1990. Special thanks to IRAC. (Matter of Diaz, 8/14/13)
BIA Remands Order of Removal Issued in Absentia Due to Respondent’s Mother’s Actions
Unpublished BIA decision where the Board remanded respondent's motion to reopen an order of removal issued in absentia, due to respondent's mother intentionally hid the NTA and hearing notices and forged his signature on an EOIR-28. Special thanks to IRAC. (Matter of Escobar, 8/14/13)
Brookings Report with Statistics on the DACA Program
Brookings report on the first year of the Deferred Action for Childhood Arrivals (DACA) program, with statistics drawn from a FOIA request to DHS requesting information on the size of the program, demographics, geographic distribution, age, and year of arrival of applicants.
AILA Quicktake #48: Pocket DACA (Updated 8/15/13)
Pocket DACA is a new app for smartphones and tablets that will help immigrants brought to this country as children understand the Deferred Action for Childhood Arrivals (DACA) process. Patrick Taurel, DACA Legal Services Fellow with the American Immigration Council, joins us to discuss the app.
Pocket DACA: A How-To Guide
Please use this one-minute video to guide you through the helpful Pocket DACA App. This newly-released app is designed to help immigrants brought to this country as children understand the Deferred Action for Childhood Arrivals (DACA) process and link them with AILA attorneys when needed.
New “Pocket DACA” Mobile App Helps Young Immigrants Apply for Deferred Action
AILA, AIC, the Immigration Advocates Network, and the Own the Dream campaign are proud to announce the launch of a new “Pocket DACA” app for smartphones and tablets that will help immigrants brought to this country as children understand the Deferred Action for Childhood Arrivals process.
The New Provisional Waiver – A Promising Program Foundering
For a year we waited for USCIS to put into effect changes it had discussed in processing the needed waiver for the 10 year bar found in INA § 212(a)(9)(B) for those people married to U.S. Citizens who had entered the United States without inspection. The announcement of the change to a “provisional
CA9 Remands for BIA to Reconsider Landownership as Membership in a Particular Social Group
The court granted the petitions to review and remanded for the BIA to reconsider on the question of whether landownership may form the basis for membership in a particular social group for purposes of eligibility for asylum and withholding. (Cordoba v. Holder, 8/13/13)
CA10 Upholds Denial, Says Asylum Seeker from Nepal Can Safely Relocate
In a nonprecedential decision, the court upheld the BIA’s decision that the petitioner—who suffered past persecution from Maoists in Nepal—could live without a well-founded fear of persecution in Nepal if he relocates to the capital. (Rana v. Holder, 8/13/13)
CA7 Holds Admitting Hearsay Documents Violated Procedural Rights
The court vacated and remanded, holding that the petitioner’s procedural rights were violated when the IJ admitted and based his decision on two hearsay documents relating to the alleged "smugglee." (Pouhova v. Holder, 8/13/13)
CA1 Finds Petitioner Did Not Show Changed Country Conditions for Chinese Christians
The court upheld the BIA’s determination that there have not been changed country conditions for Christians in China practicing in unregistered churches such as to warrant an exception to the time limits on motions to reopen. (Liu v. Holder, 8/13/13)
BIA Remands Due to Pending Visa Petition in Separate Proceedings
Unpublished BIA decision where the Board remanded the record to the IJ to determine if further continuance is warranted in light of the pending visa petition in separate proceedings. Special thanks to IRAC. (Matter of Owusu, 8/13/13)
BIA Reopens Proceedings After Finding Exceptional Circumstances Justifying her Failure to Appear
Unpublished BIA decision where the Board reopened proceedings after finding the respondent's daughter's failure to provide the hearing notices constituted exceptional circumstances justifying the respondent’s failure to appear. Special thanks to IRAC. (Matter of Scaranni, 8/13/13)
BIA Upheld Order of Removal Due to Unauthorized Employment
Unpublished BIA decision where the Board upheld an order of removal and denial of AOS stating that the mere filing of an adjustment application does not stop the counting of the period of unauthorized employment for purposes of INA 245(k). Special thanks to IRAC. (Matter of Yav, 8/13/13)
BIA Reopens Proceedings Sua Sponte After Incorrectly Requiring Waiver of Inadmissibility
Unpublished BIA decision where the Board reopened proceedings sua sponte upon finding it incorrectly concluded in a prior decision that she made a material misrepresentation that required her to obtain a 212(i) waiver of inadmissibility. Special thanks to IRAC. (Matter of Muasher, 8/13/13)