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 Reminder for Attorneys to Complete eRegistry Process
EOIR notice reminding attorneys and fully accredited representatives who practice before the immigration courts and the BIA to complete steps one and two of the eRegistry process by 12/10/13. On that date, registration becomes a requirement to appear before EOIR.
BIA Remands For IJ To Reconsider in Light of Supreme Court Ruling in Descamps
Unpublished BIA decision remanding so the IJ can consider whether a criminal sexual conduct third degree under Minnesota State Statute 609.344 is an aggravated felony in light of the Supreme Court decision in Descamps v. U.S. Courtesy of Marcus Anton Jarvis.
CA9 Finds Arizona Conviction for Racketeering Is Aggravated Felony
The court lacked jurisdiction to review the petition, finding that the BIA did not err in determining that Petitioner’s Arizona conviction for racketeering constituted an aggravated felony that rendered him ineligible for cancellation. (Murillo-Prado v. Holder, 11/20/13)
BIA Finds Alaska Third Degree Theft Not CIMT
Unpublished BIA decision upholds termination of proceedings upon finding Alaska third degree theft not categorical CIMT and nothing in record of conviction established intent to permanent deprive victim of property. (Matter of Casilla Nunez, 11/20/13) Special thanks to IRAC.
GAO Report on Sexual Assault in Detention
The Government Accountability Office (GAO) issued a report, “Immigration Detention: Additional Actions Could Strengthen DHS Efforts to Address Sexual Abuse," after reviewing documentation of 215 sexual abuse and assault allegations reported to ICE headquarters between October 2009 and March 2013.
AIC Practice Advisory: Departure Bar to Motions to Reopen and Reconsider
The American Immigration Council's Legal Action Center (LAC) released an updated practice advisory, which provides a legal overview of the "departure bar" to motions to reopen and reconsider. It also discusses arguments adopted by circuit courts that have rejected or upheld the bar.
CA8 Finds IJ and BIA Properly Denied Motions to Suppress
The court denied the petition for review, holding that even if the Petitioners alleged a Fourth Amendment violation, they did not allege a prima facie case of egregiousness to warrant exclusion of evidence in the deportation context. (Lopez-Fernandez v. Holder, 11/19/13)
CA11 Denies Witholding to Petitioner Fleeing Drug Violence in Mexico
The court upheld the IJ’s and BIA’s decisions, finding Petitioner did not establish a nexus between membership in a particular social group and the harm, and he did not establish past persecution, as he did not show acts that harmed him personally. (Rodriguez v. U.S. Att’y Gen., 11/19/13)
USCIS Reminder to Use Current Form I-821D
USCIS reminder to use the current Form I-821D, Consideration of Deferred Action for Childhood Arrivals, dated 6/25/13. USCIS has experienced a high rejection rate as a result of customers submitting outdated versions of the form.
BIA Reopens and Remands Case Involving Maryland Second Degree Assault
Unpublished BIA decision remands proceedings to consider whether Maryland second degree assault is a crime of violence aggravated felony in light of Supreme Court decision in Descamps and Fourth Circuit decision in Karimi. (Matter of Diaz, 11/19/13) Special thanks to IRAC.
Settlement Requires USCIS to Provide Asylum Officer Interview Notes in FOIA Response (Updated 4/29/14)
Settlement agreement reached in a lawsuit challenging USCIS’s policy of withholding of asylum officer interview notes in FOIA responses. On 1/8/14, USCIS instructed its employees involved in processing FOIA requests that asylum officer interview notes generally are to be produced.
CA7 Denies Asylum to Landowners from Honduras
The court upheld the BIA’s conclusions that the squatters, known as “capesinos,” did not act on account of petitioners’ status as land owners and that Honduras is both willing and able to protect land owners from campesinos. (Urbina-Dore v. Holder, 11/18/13)
BIA Finds IJ Erred in Denying Derivative Asylum Claim
Unpublished BIA decision remanding, finding the IJ erred when concluding the respondent could not claim derivative status through her husband’s approved asylum application because she entered the U.S. as a nonimmigrant prior to her husband. Courtesy of Rachel Wilson.
BIA Terminates Proceedings After Conviction Vacated for State Misconduct
Unpublished BIA decision reopens and terminates proceedings after respondent was permitted to withdraw guilty plea because state chemist who tested controlled substances was accused of misconduct. (Matter of Ventura-Arias, 11/18/13) Special thanks to IRAC.
BIA Remands For Failure to Consider Argument Regarding Florida Assault and Grant Theft
Unpublished BIA decision grants motion to reconsider and remands because both the IJ and Board failed to consider arguments that Florida assault and grant theft are not CIMTs. (Matter of Rivero, 11/18/13) Special thanks to IRAC.
BIA Remands Asylum Denial for Bipolar Individual from Ghana
Unpublished BIA decision remanding, finding that individuals from Ghana who suffer from mental illness and are indigent and lack family support constitutes a cognizable particular social group and that the IJ erred in evaluating well-founded fear of persecution. Courtesy of Geoffrey Hoffman.
BIA Finds Single DUI Conviction Does Not Outweigh Positive Equities
Unpublished BIA decision reconsiders sua sponte over DHS opposition and finds adjustment applicant’s positive equities were not outweighed by a single DUI conviction. (Matter of Vasquez, 11/14/13) Special thanks to IRAC.
BIA Remands to Consider Eligibility for Provisional Waiver Despite Criminal Convictions
Unpublished BIA decision vacates denial of voluntary departure and remands to consider whether respondent with theft and DUI convictions is eligible for provisional unlawful presence waiver (Form I-601A). (Matter of Velasco, 11/14/13) Special thanks to IRAC.
AIC Practice Advisory: Motions to Suppress Evidence Unlawfully Obtained by CBP
The American Immigration Council's Legal Action Center (LAC) released a practice advisory with strategic considerations on Motions to Suppress in Removal Proceedings: Fighting Back Against Unlawful Conduct by U.S. Customs and Border Protection.
USCIS Memo on Adjudication of Adjustment Applications for Individuals Admitted to the U.S. Under the VWP
USCIS policy memorandum dated 11/14/13, updating Chapters 10.3 and 23.5 of the AFM and providing guidance on the adjudication of Form I-485 filed by immediate relatives of U.S. citizens who were last admitted under the Visa Waiver Program (VWP).
BIA Grants Asylum to Applicant from Republic of Congo
Unpublished BIA decision sustaining appeal of asylum denial, concluding that the IJ’s adverse credibility finding was clearly erroneous and that the harm the applicant suffered on account of her political opinion constituted past persecution in the Republic of the Congo. Courtesy of Toni Maschler.
BIA Remands After IJ Failed to Determine if Applicant Experienced Past Torture
Unpublished BIA decision remanding denial of application for protection under the Convention Against Torture because the IJ did not render a determination on whether the applicant established that he was tortured by a Salvadoran government official. Special thanks to Edgardo Quintanilla.
BIA Finds North Carolina Offense Relates to Controlled Substance
Unpublished BIA decision finds maintaining a vehicle/dwelling/place for marijuana under N.C.G.S. 90-108(a)(7) relates to a controlled substance under INA 237(a)(2)(B)(i). (Matter of Santos, 11/13/13) Special thanks to IRAC.
BIA Finds Ineffective Assistance Due to Failure to Submit Adjustment Application
Unpublished BIA decision finds attorney’s admitted failure to file adjustment application by court-imposed deadline made ineffective assistance plain on face of the record. (Matter of Cisneros, 11/13/13) Special thanks to IRAC.
BIA Requires DHS To Disclose Evidence of Admission
Unpublished BIA decision reverses removal order and holds that DHS must disclose any documents in its possession under INA 240(c)(2) regarding respondent’s asserted admission. (Matter of Monjazar-Fernandez, 11/13/13) Special thanks to IRAC.