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 Terminates Proceedings Finding Respondent Was Paroled In
Unpublished BIA decision terminating proceedings where DHS agreed that respondent was paroled in, and thus eligible to adjust status under the Cuban Adjustment Act, even though he initially entered without inspection. Special thanks to IRAC. (Matter of Travieso-Izquierdo, 8/12/13)
BIA Remands Over DHS Opposition Even Though I-130 was Referred for Reconsideration
Unpublished BIA decision where the Board granted a motion to remand over DHS opposition as the approved I-130 has been referred for reconsideration but there is no evidence that the approved visa petition has been reconsidered and revoked. Special thanks to IRAC. (Matter of Dontoh, 8/12/13)
BIA Finds Attorney Inability to Contact Respondent Constitutes Exceptional Circumstances
Unpublished BIA decision where the Board reopened proceedings after finding the respondent's attorney's inability to notify him that he received the hearing notice constituted exceptional circumstances, justifying his failure to appear. Special thanks to IRAC. (Matter of Araiza, 8/12/13)
TRAC Report on Immigration Court Cases Closed Based on Prosecutorial Discretion
Transactional Records Access Clearing House (TRAC) tool allowing for searching on the breakdown of immigration court cases closed based on prosecutorial discretion by immigration court and hearing location. Charts are updated with new data as it is available.
CA1 Upholds Denial of Waivers and Adjustment of Status Due to Fraud
The court upheld the BIA’s denial of a §212(i) waiver, the denial of an unlawful presence waiver, and the denial of adjustment of status due to overwhelming evidence of fraud. (Urizar-Carrascoza v. Holder, 8/12/13)
CA2 Holds LPR Status Not Required for Derivative Citizenship Under INA §321(a)(5)
The court granted the petition for review and remanded to the BIA, holding that the Petitioner, who “resided permanently” in the U.S. before turning 18, could claim derivative citizenship from his parents under INA §321(a)(5), even though he was not an LPR. (Nwozuzu v. Holder, 8/12/13)
BIA Upheld Denial Because Respondent Did Not Depart Voluntarily
Unpublished BIA decision upholding the denial of the motion to reopen because the respondent’s failure to depart voluntarily made him ineligible to adjust status for 10 years, even though his criminal case was dismissed. Special thanks to IRAC. (Matter of Orozco Garcia, 8/9/13)
BIA Remands To Give Respondent Opportunity to Find Representation
Unpublished BIA decision remanding the case to give Respondent reasonable opportunity to obtain counsel after IJ ordered him removed at his second master calendar hearing despite his assertion that he was attempting to find representation. Special thanks to IRAC. (Matter of Hervens, 8/9/13)
CA1 Denies Asylum to Pakistani Petitioner Fleeing Taliban
The court found that the petitioner was unable to show a connection between his mistreatment and the Pakistani government, did not show he could not reasonably relocate within Pakistan, and denied asylum, withholding and CAT relief. (Khan v. Holder, 8/9/13)
CA7 Conducts Social Group Analysis and Remands Asylum Denial for Albanian Woman
The court granted the petition for review and remanded, finding that the BIA erred in its relocation assessment as well as its social group analysis of young women targeted for prostitution by traffickers in Albania. (Cece v. Holder, 8/9/13)
BIA Reopened Proceedings After Evidence of U.S. Citizen Child is Provided
Unpublished BIA decision where the Board reopened proceedings due to newly submitted evidence that the respondent was the father of a U.S. citizen child born to his wife. Special thanks to IRAC. (Matter of Roa-Carranza, 8/8/13)
BIA Terminates Proceedings After USCIS Approves Form I-129CW
Unpublished BIA decision where the Board reopened and terminated proceedings sua sponte after determining that a Petition for a CNMI-Only Nonimmigrant Transitional Worker (Form I-129CW) filed on the respondent's behalf was approved. Special thanks to IRAC. (Matter of Burdeos, 8/8/13)
BIA on 245(i) and Grandfathering for Derivative Applicants
The Board held that a spouse or child accompanying or following to join a grandfathered principal cannot qualify as a grandfathered derivative for purposes of §245(i) by virtue of a spouse or child relationship that arose after 4/30/01. Matter of Estrada, 26 I&N Dec. 180 (BIA 2013)
BIA Finds Conditions in Syria Have Dramatically Worsened
In an unpublished decision, the Board disagreed with IJ’s determination that respondent did not merit cancellation of removal. Remand was also warranted on the issue of “exceptional and extremely unusual hardship” due to the changing country conditions in Syria. Courtesy of Robert DeKelaita.
USCIS Data on DACA Cases Received Through July 31, 2013
USCIS statistics on DACA cases through 7/31/13, showing a total of 552,918 DACA requests accepted for processing, 540,821 biometric appointments scheduled, 430,236 requests approved, and 7,450 requests denied. 15,999 applications were accepted and 2,117 applications were denied in Ju1y 2013.
California Supreme Court on Immigration Advisals for Criminal Defendants
The court held that a motion to vacate should be granted where a criminal defendant who is not properly advised of the immigration consequences of a plea in a criminal case would have chosen not to plead guilty or nolo contendere if properly advised. (People v. Martinez, 8/8/13)
USCIS Alert on Workload Transfers for Various Forms
USCIS alert that is has begun transferring casework within service centers to balance workload processing capacity, including the transfer of Forms I-129F, I-130 F2A category, I-821D and the accompanying Form I-765, and I-751.
CA5 Finds Petitioner Could Not Show Prejudice of English-Only Notice of Hearing (NOH)
The court upheld the BIA’s denial of the motion to reopen the in absentia deportation proceedings, finding since the OSC was written in Spanish, the petitioner could not show prejudice the NOH was only in English, as he also claimed he did not receive the NOH at all. (Ojeda v. Holder, 8/8/13)
AILA Amicus Brief on Asylum and Unaccompanied Alien Children
AILA amicus brief arguing that INA §208(a)(2)(E) permanently exempts from the one-year filing deadline any noncitizen who qualified as an unaccompanied alien child at any time in the one year period after last arrival without regard to the noncitizen’s age at the time of filing for asylum.
BIA Reopens Proceedings Due to Non-Receipt of Second Hearing Notice
Unpublished BIA decision granting a motion to reconsider and reopening proceedings upon finding the respondent did not receive a second hearing notice that advanced the date of his master calendar hearing by more than a year. Special thanks to IRAC. (Matter of Tokbaev, 8/6/13)
BIA Denies Remand Stating that DACA for Son Does Not Provide Basis for Administrative Closure
Unpublished BIA decision denying respondent's request for a remand upon finding the grant of relief under DACA to the respondent's son did not provide a valid basis for administrative closure. Special thanks to IRAC. (Matter of Ascencio-Hernandez, 8/6/13)
BIA Remands to IJ to Determine if Respondent Qualifies for a Provisional Waiver
Unpublished BIA order remanding case to IJ to determine whether administrative closure was warranted if respondent qualified for a provisional unlawful presence waiver (Form I-601A). Special thanks to IRAC. (Matter of Camacho-Infanzan, 8/6/13)
CA8 Remands Asylum Case for Kenyan Petitioners
The court granted the petition for review, finding that the BIA misapplied the “social visibility” criteria when it ruled that Mungiki defectors were not a “particular social group,” and that the Kenyan government is unable or unwilling to control them. (Gathungu v. Holder, 8/6/13)
CA10 Upholds Asylum Denial for Petitioner from El Salvador
In a nonprecedential decision, the court denied the petition, concluding that El Salvadorans returning from the U.S. and perceived to be wealthy do not constitute a particular social group, and acts of criminality do not implicate asylum eligibility. (Delcid-Zelaya v. Holder, 8/6/13)
District Court Requires Bond Hearings for Detainees Incarcerated For More than Six Months
The court granted summary judgment and ordered a permanent injunction requiring bond hearings for all detainees within the Central District of California who have been incarcerated for more than six months or by the 181th day of detention. (Rodriguez v. Holder,, 8/6/13)