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
Immigration Court Filings During the Lapse in Government Funding
EOIR alert describing how immigration courts are accepting filings and handling filing deadlines during the lapse in government funding.
BIA Terminates Proceedings After Finding Conviction Not an Aggravated Felony
Unpublished BIA decision terminating proceedings after finding that a conviction of deadly conduct pursuant to Tex. Penal Code Ann. 22.05(a) does not require “intentional use of violent force” and thus is not an aggravated felony. Courtesy of Jonathan Kessler.
BIA Finds Maryland Fourth Degree Sexual Offense Not Crime of Violence
Unpublished BIA decision holds Maryland fourth degree sexual offense does not require use of force and statute is not subject to modified categorical approach under Descamps v. United States. Special thanks to IRAC. (Matter of Tally, 10/8/13)
BIA Remands for Further Consideration of Bond Request
Unpublished BIA decision sustaining the appeal and finding IJ failed to properly balance risk factors of flight and remanding for further consideration of respondent’s eligibility for bond under Casas-Castrillon v. DHS. Special thanks to IRAC. (Matter of Hubbard, 10/8/13)
BIA Remands for Additional Opportunity to Accept Voluntary Departure
Unpublished BIA decision remands to provide an unrepresented respondent another opportunity to seek voluntary departure who may have misunderstood legal significance of order of removal. Special thanks to IRAC. (Matter of Diaz, 10/7/13)
AILA Practice Alert: Filing Documents With the Immigration Court During the Government Shutdown
The AILA EOIR Liaison Committee reminds members to not neglect client business and to comply with all local immigration court orders and BIA filing deadlines during the shutdown.
AILA Amicus Brief on Past Persecution of LGBT Children
AILA amicus brief file with the Eleventh Circuit, arguing that immigration judges and the BIA should consider the cumulative impact of all harms when assessing persecution in an asylum/withholding case, including the particular vulnerabilities of LGBT children.
DHS Guidance on Enforcement Operations During Tropical Storm/Hurricane Karen
DHS letter on CBP and ICE enforcement actions during Tropical Storm/Hurricane Karen, stating that there will be no immigration enforcement initiatives associated with evacuations or sheltering related to the storm, including the use of checkpoints for immigration purposes in impacted areas.
CA1 Denies Withholding and CAT Relief to ICE Informant
The court upheld the withholding and CAT denials, finding that “former ICE informants who have acted against Brazilian citizens resulting in their deportation” did not constitute a social group and that the persecution was on account of a personal vendetta. (Costa v. Holder, 10/4/13)
BIA Remands CAT Claim Where IJ Ignored Evidence
Unpublished BIA decision remands for further consideration in the abundance of caution the deferral of removal where IJ failed to consider evidence regarding prison conditions in Thailand and the basis for the denial was unclear. Special thanks to IRAC. (Matter of V-V-, 10/4/13)
BIA Finds Delaware Second Degree Assault Not Crime of Violence
Unpublished BIA decision holds second degree assault in Delaware is not an aggravated felony crime of violence because offense neither requires use of force nor involves substantial risk that perpetrators will intentionally use force. Special thanks to IRAC. (Matter of Turou, 10/4/13)
CA5 Denies Adjustment to VAWA Self-Petitioner with K-1 Visa
The court denied the petition, finding that although the petitioner’s VAWA self-petition was granted, she was not eligible to adjust status under INA §245(d) because she did not marry her K-1 citizen-petitioner from a prior relationship. (Le v. Att’y Gen, 10/3/13)
BIA Finds IJs Failed to Sufficiently Examine Possible Asylum Claim
Unpublished BIA decision remands for further consideration of potential asylum claim where respondent asserted fear of gangs in El Salvador. Special thanks to IRAC. (Matter of Monge, 10/3/13)
BIA Finds Grant of SIJS Petition Not an “Admission”
Unpublished BIA decision denies motion to reopen and finds grant of a Special Immigrant Juvenile Status (SIJS) petition does not constitute an “admission” requiring termination of removal proceedings. Special thanks to IRAC. (Matter of Perez, 10/3/13)
DOJ OIL October 2013 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for October 2013, with articles on an asylum applicant’s due process rights and frivolous findings based on a withdrawn asylum application, as well as recent circuit court decisions and monthly topical parentheticals.
TRAC Report Finds New ICE Detainer Guidelines Have Little Impact
Transactional Records Access Clearinghouse (TRAC) report finds that since the stricter detainer guidelines were issued in December 2012, fewer than one in nine of the ICE detainers met the agency’s stated goal of targeting individuals who pose a serious threat to public safety or national security.
CA3 Finds §240A(a) Cancels Removal but Not Conviction in Subsequent Proceedings
The court found that the petitioner’s 1999 drug conviction, which was waived by the grant of cancellation of removal, nonetheless continued to constitute grounds of ineligibility for adjustment and a §212(h) waiver in subsequent proceedings. (Taveras v. Att’y Gen, 10/1/13)
IJ Grants Respondents’ Applications for Cancellation of Removal
The court dismisses the false claims to citizenship charges against the husband and wife, and due to their continuous and physical presence in the U.S., good moral character, and three U.S. citizen children, grants their applications for cancellation of removal. Courtesy of Sandra Grossman.
Immigration Law Advisor, September-October 2013 (Vol. 7, No. 8)
Immigration Law Advisor, a legal publication from EOIR, with an article the departure bar and how the circuit courts and the BIA handle it, circuit court decisions for October and November 2013, and recent BIA precedent decisions.
DOJ List of EOIR Forms
List of EOIR downloadable forms.
Adjudication Issues Where Applicants File Both a DACA Application and a U/T/VAWA Petition
The AILA VAWA, Us and Ts Committee provides information on DACA applications that are filed where the applicant has also filed a VAWA, U or T visa petition either prior to or after the DACA application.
CA1 Holds Post-Departure Bar Cannot Prevent Noncitizen from Filing Motion to Reopen (MTR)
The court vacated and remanded, holding that 8 CFR §1003.2(d) (the “post-departure bar”) conflicts with the unambiguous language of INA §240(c)(7) and cannot prevent a noncitizen from invoking his/her statutory right to file a MTR. (Perez Santana v. Holder, 9/27/13)
BIA Finds Advance Parole Does Not Restart Clock for Unauthorized Employment
Unpublished BIA decision upholds denial of adjustment due to unauthorized employment and finds 180-day clock did not restart after respondent re-entered on advance parole. Special thanks to IRAC. (Matter of Bojko, 9/30/13)
BIA Rescinds In Absentia Order Where Respondent Did Not Receive Notice
Unpublished BIA decision rescinds in absentia removal order where NTA and hearing notice were sent to outdated address obtained from INS files from 1993 and were returned as undeliverable. Special thanks to IRAC. (Matter of Holtzman, 9/30/13)
SEC Files Fraud Charges For Scheme to Defraud EB-5 Investors
SEC filed fraud charges against a Texas-based scheme targeting EB-5 foreign investors, including allegations of soliciting investors prior to the approval of the EB-5 regional center by USCIS and failing to hold investments in escrow as required. (SEC v. Marco A. Ramirez, et al., 9/30/13)