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 Reopens Proceedings for Respondent Where I-751 Was Denied for Improper Fee Payment
Unpublished BIA decision reopens proceedings upon finding respondent did not receive notice of hearing at which she was ordered removed in absentia, and her Form I-751 was rejected due to improper fee payment. Special thanks to IRAC. (Matter of Jones, 10/23/13)
BIA Terminates Proceedings Against Respondent Charged with Alien Smuggling
Unpublished BIA decision finds government evidence insufficiently reliable to uphold charge of alien smuggling under INA 237(a)(1)(E) where immigration officers’ testimony was based on unidentified informants. Special thanks to IRAC. (Matter of Guzman, 10/23/13)
ICE FAQs on the Parental Interests Directive
ICE FAQs on the Parental Interests Directive, which complements existing policy by helping ICE better manage and track cases involving detained alien parents or legal guardians who have minor children in the U.S. FAQs include contact information and what kinds of cases are covered.
CA9 Finds California Sexual Abuse of a Minor Statute Is an Aggravated Felony Crime of Violence
The court denied the petition for review, holding that the conviction of sexual abuse of a minor under California Penal Code section 288(c)(1) is a categorical crime of violence under 18 U.S.C. §16(b), and thus an aggravated felony. (Rodriguez-Castellon v. Holder, 10/22/13)
BIA Says Respondent May Renew Request for Administrative Closure on Remand
Unpublished BIA decision finding that during the pendency of the appeal, I-601A provisional waiver regulations were finalized and include a provision providing for administrative closure, so respondent could renew his request for such relief upon remand. Courtesy of Claire Gallagher.
BIA Finds Respondent Was Not Advised of Right to Counsel
Unpublished BIA decision remands for further proceedings where pro se respondent was not advised of right to counsel at no expense to the government after accredited representative failed to appear at his hearing. Special thanks to IRAC. (Matter of Moreno-Duarte, 10/21/13)
BIA Finds IJ Should Have Inquired Into Ability to Obtain Passport
Unpublished BIA decisions remands for further consideration of voluntary departure where IJ did not inquire into respondent’s ability to obtain a passport or address the possibility of a continuance. Special thanks to IRAC. (Matter of Salazar-Herrera, 10/21/13)
BIA Finds Record of Conviction Does Not Support Allegations in NTA
Unpublished BIA decision remands for further proceedings where convictions records do not support allegation in Notice to Appeal (NTA) that respondent was convicted in violation of Section 11359 of the Cal. Health and Safety Code. Special thanks to IRAC. (Matter of Diaz Montes, 10/21/13)
BIA Orders Further Consideration of Request for Voluntary Departure
Unpublished BIA decision remands for further consideration of voluntary departure for respondent who is beneficiary of approved visa petition who has not illegally entered in past five years. Special thanks to IRAC. (Matter of Araujo, 10/18/13)
Call for Examples and OIL Briefs: Cases Impacted by Acosta and Garfias-Rodriguez
The AILA Amicus Committee wants to know if AILA members have a case in the 9th circuit, the 10th circuit, or before the BIA or an immigration court originating in the 9th or 10th circuit, where the noncitizen’s relief is based on the holdings in Acosta and Padilla-Caldera.
USCIS Revised Decision Letter Templates as Appendices to the AAPM
A 10/17/13 memo from John Lafferty, Chief of Asylum Division, announcing the issuance of revised decision letter templates to replace the current versions that are appendices to the Affirmative Asylum Procedures Manual (“AAPM”).
USCIS Revised Procedures on Failure to Appear for Asylum Interviews and Reschedule Requests
A 10/17/13 memo from John Lafferty, Chief of Asylum Division, providing revised procedural guidance to USCIS Service Centers’ governing an asylum applicant’s failure to appear for an asylum interview and the submission of requests to reschedule an asylum interview.
Application of the "Exceptional Circumstance" Standard in Cases Where Applicant Failed to Appear for Asylum Interview
A 10/17/13 memo from John Lafferty, Chief of Asylum Division, providing revised procedural guidance to USCIS Service Centers’ application of the “exceptional circumstances” standard in cases where an applicant has failed to appear for an asylum interview.
BIA Finds IJ Failed to Weigh Equities in Denying Voluntary Departure
Unpublished BIA decision remands for entry of new decision where IJ did not explicitly balance positive and negative equities in denying voluntary departure. Special thanks to IRAC. (Matter of Alcantar, 10/17/13)
EOIR Resumes Operations After Government Reopens
EOIR alert that detained cases will be heard as scheduled. However non-detained cases scheduled for 10/17/13 will be rescheduled for a future date. Effective 10/18/13, all non-detained case dockets will proceed with all scheduled cases. BIA and OCAHO have also returned to normal operations.
AILA’s Pro Bono Newsletter, Fall 2013
In this issue, review the exciting happenings of summer 2013, including the huge success of AILA’s Third Annual Conference Pro Bono Clinic. Also, read about a new AILA pro bono program, the launch of the Pocket DACA app, and the ethical considerations of planning an immigration pro bono clinic.
BIA Declines to Follow Third Circuit on Derivative Citizenship Under §321(a)
The Board held that a child who has satisfied the conditions of former INA §321(a) before the age of 18 has acquired U.S. citizenship, regardless of whether the naturalized parent acquired legal custody before or after the naturalization. Matter of Douglas, 26 I&N Dec. 197 (BIA 2013)
CA1 Denies Asylum to Petitioner Involved in Albania’s Democratic Party
The court affirmed the final removal order, finding the BIA and IJ denial of the application for asylum was supported by substantial evidence, including evidence from DOS country reports of fundamental political changes in Albania. (Vasili v. Holder, 10/16/13)
CA4 Denies Application for Cancellation of Removal
The court affirmed the denial of cancellation of removal, finding that the petitioner’s voluntary departure under the threat of removal deemed him ineligible for the “continuous physical presence” requirement of INA §240A. (Garcia v. Holder, 10/16/13)
CA4 Denies Motion to Reopen for Estonian-born Russian Citizen
The court denied the untimely motion to reopen the removal proceedings, holding that equitable tolling was not appropriate because the petitioner failed to show any wrongful conduct from the government or any other extraordinary circumstances. (Kuusk v. Holder, 10/16/13)
CA2 Dismisses Due Process Challenges for Lack of Jurisdiction
The court dismissed the petitions for review, finding that INA §242(a)(2)(A) deprived the court of jurisdiction to hear the petitioner’s due process challenge to the 1997 order of expedited removal underlying the BIA’s finding of ineligibility for adjustment. (Shunaula v. Holder 10/16/13)
CA7 Finds Unlawful Entry After Removal Bars Reopening Prior Removal Order
The court denied the petition for review, finding that the petitioner’s unlawful entry after her 2005 removal permanently barred reopening that earlier removal order under §241(a)(5). (Cordova-Soto v. Holder, 10/15/13)
DHS Withdraws Appeal of Decision Finding Bulk Cash Smuggling Not a CIMT
Unpublished BIA decisions notes withdrawal of DHS appeal of decision terminating proceedings on grounds that federal bulk cash smuggling under 31 U.S.C. 5332 is not a CIMT. Special thanks to IRAC. (Matter of Valenzuela, 10/15/13)
Practice Alert: Problems With the New BIA Zip Code? (Updated 11/19/13)
EOIR announced that beginning 10/1/13, mail addressed to the BIA would have to use a new zip code. AILA members have reported that some courier services, such as FedEx, are not recognizing the new zip code.
AILA New Members Division E-News, October 2013 (Vol. 5, Issue 5)
This latest edition brings you expert practice tips to help victims seeking T nonimmigrant status. Plus, don’t miss a conversation on immigration reform, learn how to get involved with AILA committees and liaisons, and hear about a member’s first experience filing a petition for review.