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 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In an unpublished decision, the Board disagreed with IJ’s determination that respondent did not merit cancellation of removal.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.
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)
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)
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In a nonprecedential decision, the court denied the petition, concluding that El Salvadorans returning from the U.S. and perceived to be wealthy do not constitute a particular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)
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)
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)
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.
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 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)
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)
ICE Detainee From Honduras Passes Away While in Custody
ICE press release on the death of a 50-year old Honduran national who suffered a stroke and passed away while in ICE custody.
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)
BIA Vacates Its Prior Decision and Remands Case Due to Prior Counsel’s Actions
Unpublished BIA decision remanding the case to allow the respondent to apply for relief from removal upon finding he was potentially prejudiced by prior counsel's failure to pursue applications for asylum or adjustment of status. Special thanks to IRAC. (Matter of Ramirez-Samuel, 8/2/13)
DOJ OIL August 2013 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for August 2013, with articles on direct testimony where credibility was an issue and whether Albanian women who live alone constituted a “particular social group”, as well as litigation highlights and circuit court decision summaries.
CA7 Denies Asylum to Sikh Petitioner, Cites Changed Country Conditions in India
The court noted that it had “grave doubts” about the IJ’s finding that the petitioner did not suffer past persecution, but still denied the petition, holding that the treatment of Sikhs has improved significantly and that the petitioner could relocate within India. (Singh v. Holder, 6/21/13)
CA1 Denies Motion to Reopen for Chinese Christian
The court denied the petition for review, finding that the BIA did not abuse its discretion in determining that the petitioner failed to demonstrate changed circumstances for unregistered Christian groups in China. (Zhao-Cheng v. Holder, 8/1/13)
Court Says IJ/BIA Failed to Adequately Explain Need for Corroborating Evidence
In an unpublished Summary Order, the court remanded, concluding inter alia that the IJ’s finding that Petitioner did not meet his burden of proof was not supported by substantial evidence. (Huang v. Holder, 8/1/13) Courtesy of Donglai Yang.
FOIA Response with Internal Documents by USCIS on Deferred Action
FOIA response provides internal documents by USCIS on non-DACA deferred action since June 17, 2011. Special thanks to Pennsylvania State University and Shoba Sivaprasad Wadhia.
CA2 on Lopez-Mendoza and Suppression of Evidence Following a Fourth Amendment Violation
The court remanded the case to determine whether ICE agents seized evidence of alienage while committing an egregious 4th Amendment violation, noting that a nighttime, warrantless raid of a person’s home “frequently will constitute” such a violation. (Pretzantzin v. Holder, 7/31/13)
CA2 Vacates Denial of Motion to Suppress and Remands Case
The court held that the IJ erred in interpreting case law to require physical threat or harm before a Fourth Amendment violation becomes sufficiently egregious to require suppression, and vacated the BIA’s decision affirming the denial of the motion to suppress. (Cotzojay v. Holder, 7/31/13)
BIA Grant’s DHS Motion to Withdraw Appeal in Case Involving Definition of “Lawful Status” Under 245(k)
Unpublished BIA decision granting DHS' motion to withdraw its appeal from the IJ’s decision which granted the respondent adjustment of status under section 245(k) and remanding the case for background checks. Special thanks to IRAC. (Matter of Maynigo, 7/31/13)
BIA Remands for IJ to Consider Whether Conviction is a Crime of Violence
Unpublished BIA decision where the Board remanded for further proceedings after finding that assault by use or display of dangerous weapon under Iowa Code 708.1 and 708.2(3) was not a categorical crime of violence. Special thanks to IRAC. (Matter of Imeri, 7/31/13)