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
CA5 Holds Expedited Removal Applies to All Noncitizens
The court denied the petition, holding that INA §238(b)’s expedited removal process applies to all noncitizens, including those who entered unlawfully, who are convicted of an aggravated felony, and who are not admitted for permanent residence. (Valdiviez-Hernandez v. Holder, 9/26/13)
CA8 Holds Nebraska Conviction for Witness Tampering Is Aggravated Felony
The court denied the petition, applied the categorical approach and the BIA’s definition of “obstruction of justice,” and held that petitioner’s Nebraska conviction for witness tampering was an aggravated felony subjecting him to removal. (Armenta-Lagunas v. Holder, 8/1/13)
BIA Remands After Sentence Reduction Voids Aggravated Felony Finding
Unpublished BIA decision remands after respondent’s sentence for receiving stolen property reduced from 12 to 6 months, making him no longer removable as an aggravated felon and eligible for certain forms of relief. Special thanks to IRAC. (Matter of Ahlijah, 9/26/13)
BIA Remands for Additional Fact-Findings Regarding In Absentia Order
Unpublished BIA decision where the Board remands for more fact-finding and new decision addressing contention that respondent appeared in court on same day she received in absentia removal order. Special thanks to IRAC. (Matter of Salcido-Rocha, 9/26/13)
BIA Remands for Consideration of Continuance Request for Pending U Visa Application
Unpublished BIA decision where the Board remanded for further consideration of a request for continuance while USCIS considers U visa application after a law enforcement agency issues certification for respondent’s sister. Special thanks to IRAC. (Matter of Ceja-Ruiz, 9/26/13)
ICE Request for Comments on Form I-246
ICE 60-day Notice of Information Collection for Review for Form I-246, Application for Stay of Removal or Deportation. Comments are accepted until 11/25/13. (78 FR 59366, 9/26/13)
BIA Remands to Give Respondent Explicit Opportunity to File Asylum Application
Unpublished BIA decision remanding to give the respondent an explicit opportunity to file an asylum application where the IJ made no further inquiry after the respondent stated he was "a little bit afraid" of returning to El Salvador. Special thanks to IRAC. (Matter of Castro Rosa, 9/25/13)
BIA Reverses Denial of Motion to Reopen Due to Hurricane Sandy
Unpublished BIA decision reversing the denial of a motion to reopen an order of removal issued in absentia because the respondent was unable to travel from New York to Texas due to exceptional circumstances (i.e. Hurricane Sandy). Special thanks to IRAC. (Matter of Perez-Cortez, 9/25/13)
BIA Reverses Denial of Motion to Reopen Due to Ineffective Assistance of Counsel
Unpublished BIA decision granting respondent’s motion to reopen an order of removal issued in absentia, vacating prior decisions, and remanding the record, due to a claim that his prior attorney provided ineffective assistance of counsel. Special thanks to IRAC. (Matter of Picado, 9/25/13)
DREAM Act Section Summary in S.744
AILA/AIC Summary of Section 2103, “The DREAM Act,” in Senate bill S.744, the “Border Security, Economic Opportunity, and Immigration Modernization Act.”
CA9 Remands for BIA to Grant Withholding to Gay Filipino Petitioner
The court granted in part a petition for review, reversing the BIA’s denial of withholding, and holding that the BIA erred by engaging in its own fact-finding, rather than clear error review, in evaluating the harm suffered by a gay Filipino petitioner. (Vitug v. Holder, 7/24/13)
CA9 Remands Asylum Claim for Diola from Senegal
The panel vacated the BIA’s adverse credibility finding and remanded, finding the BIA erred by drawing an adverse inference from the low level of persecution detail provided in the mistakenly filed N-400, as well as with alleged inconsistencies with the I-589. (Bassene v. Holder, 9/23/13)
BIA Remands for Further Consideration Based on Respondent’s Sentence Reduction
Unpublished BIA decision granting the motion to remand based on respondent’s sentence reduction from five years to three days’ confinement for each offense that was previously found to qualify as an aggravated felony crime of violence. Special thanks to IRAC. (Matter of Ortega, 9/23/13)
BIA Terminates Removal Proceedings Since Intervening Case Law Affected Removability
Unpublished BIA decision terminating proceedings since intervening Supreme Court and Fifth Circuit case law affected his removability as charged and made his DUI conviction no longer an aggravated felony crime of violence. Special thanks to IRAC. (Matter of Parada-Villegas, 9/23/13)
Immigration Judge Terminates Removal Proceedings in Abandonment Case
IJ terminates removal proceedings without prejudice after finding respondent made every effort to return to the U.S. Respondent was a returning LPR from Antigua and Barbuda when DHS served her with an NTA after she had been out of the U.S. for over four years. Courtesy of Patricia Cooper.
BIA Remands Asylum Case For Cameroon Native
Unpublished BIA decision remanding case for additional fact-finding and new decision after finding submitted evidence may be sufficient to rehabilitate the respondent’s credibility or established independently past persecution or a well-founded fear of persecution. Courtesy of David Cleveland.
Center for American Progress Report on DACA
Center for American Progress September 2013 report with nationwide analysis of Deferred Action for Childhood Arrival (DACA) applicants, including comparing where DACA applicants came from, which states have the most successful DACA outreach, and how DACA has worked during its first year.
CA9 Rules on Operation Streamline Proceeding
The court held that although the district court did not err under Fed. R. Crim. P. 11(b)(1) by advising the defendants of their rights en masse, it erred by not questioning the defendant individually to ensure that she understood her rights. (U.S. v. Arqueta-Ramos, 9/20/13)
IJ Terminates Proceedings as DHS Failed to Provide Clear Evidence Respondent was Convicted of Deportable Offense
The Court terminated proceedings, holding that under the categorical approach NY's controlled substance schedule was broader than the federal counterpart and because the record of conviction does not indicate the substance the Respondent was convicted of possessing. Courtesy of Michael Goldman.
BIA Terminates Proceedings Because Conviction Not a Categorical CIMT
Unpublished BIA decision terminating proceedings upon finding that resisting arrest under Cal. Penal Code 69 is not a categorical crime involving moral turpitude and that the statute is not divisible under Descamps v. U.S. Special thanks to IRAC. (Matter of Hernandez-Garcia, 9/20/13)
BIA Remands For Reexamination of Removability In Light of Descamps Holding
Unpublished BIA decision remanding for reconsideration of whether Maryland Code Ann. Crim. Law 3-203 is a crime of violence and whether the statute is not divisible under the intervening decisions in Descamps v. U.S. Special thanks to IRAC. (Matter of Murray, 9/20/13)
CA10 Dismisses Petition from El Salvadoran Business Owner Threatened by MS 18 Gang
In a nonprecedential decision, the court concluded and dismissed the petition to review, finding that the petitioner failed to exhaust her administrative remedies and thus lacked jurisdiction to consider them. (Castellanos-Pineda, 9/20/13)
DHS and DOS Outline New Policy on False Claims to Citizenship
DHS and DOS letters to Senator Reid outlining the agencies’ new policy that a charge of inadmissibility under 212(a)(6)(C)(ii) can only be supported if the false claim was “knowingly” made and setting forth a separate affirmative defense if the claim was made while the individual was under age 18.
CBP Memo Outlining Civil Immigration Enforcement Priorities for CBP
CBP undated memo from Commissioner Alan Bersin, outlining CBP’s civil immigration enforcement priorities as they relate to the apprehension, detention, and removal of individuals in violation of immigration law. Received by American Immigration Council in response to a FOIA submitted on 9/3/11.
CBP Policy Differences Between Exercise of Discretion and Prosecutorial Discretion
CBP undated memo outlining the differences between CBP’s policy on the use of discretion (an affirmative act of approval) and prosecutorial discretion (applies to enforcement decisions). Received by the American Immigration Council in response to a FOIA request submitted on August 3, 2011.