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
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 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Unpublished BIA decision upholding the denial of the motion to reopen because the respondent’s failure to depart voluntarily made him ineligible to adjust status for 10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Unpublished BIA decision remanding the case to give Respondent reasonable opportunity to obtain counsel after IJ ordered him removed at his second master calendar hearing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)
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)
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Unpublished BIA decision where the Board reopened proceedings due to newly submitted evidence that the respondent was the father of a U.S. citizen child born to his wife.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.
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.
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)
CA9 Denies Exception to One-Year Asylum Deadline to Jordanian Applicants
The court held the petitioners’ over fifteen-month delay in seeking asylum after changed or extraordinary circumstances was not reasonable where they alleged the delay was due to ineffective assistance of counsel and inability to file after issuance of the NTA. (Al Ramahi v. Holder, 8/6/13)
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)
CA7 on Finality Under INA §242(a)(1)
The court held that an order from the BIA resolving everything except an issue relating to voluntary departure satisfies the finality rules under INA §242(a)(1), but the court should stay proceedings on the petition until voluntary departure has been resolved. (Almutairi v. Holder, 7/12/13)
BIA on Criminal Activity That Endangers Public Safety
The Board held that the respondent’s conviction for destruction of an aircraft or aircraft facilities is not an aggravated felony, but does make him removable under INA §237(a)(4)(A)(ii) as an alien who endangered public safety. Matter of Tavarez Peralta, 26 I&N Dec. 171 (BIA 2013)
BIA Upheld Denial of Adjustment Due to Evidence and Respondent’s Lack of Credibility
Unpublished BIA decision where the Board upheld the denial of the respondent's adjustment application because he checked a box on a Form I-9 indicating that he was a U.S. citizen or national. Special thanks to IRAC. (Matter of Espino, 8/5/13)
Immigration Benefits and Pitfalls for LGBT Families in a Post-DOMA World
With the end of DOMA, married LGBT binational couples can access marriage-based immigration benefits and relief from removal. The AIC’s Legal Action Center and Immigration Equality released a practice advisory which highlights issues LGBT families will face in a post-DOMA world.
BIA Affirms IJ Finding that Respondent Failed to Meet Burden of Proof to Establish Derivative Citizenship
Unpublished BIA decision where the Board affirmed without opinion an immigration judge's finding that the respondent did not carry his burden of proving that he derived citizenship from his mother prior to her death. Special thanks to IRAC. (Matter of Laventure, 8/2/13)