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
DOJ Requests Comments on Voluntary Form EOIR 31A
DOJ 60-day comment request on the Request by Organization for Accreditation of Non-Attorney Representative (Voluntary Form EOIR-31A). Comments are due 1/6/14. (78 FR 66382, 11/5/13)
BIA Remands Case of Unrepresented Respondent With Limited English Skills
Unpublished BIA decision remands to allow unrepresented respondent who was unfamiliar with English to apply for relief from removal. (Matter of Gomez-Amaya, 11/5/13) Special thanks to IRAC.
CA1 Remands Pentecostal Russian Asylum Claim
The court vacated and remanded, finding that the BIA erred when it found that the persecution the petitioner experienced in Russia was not “on account of” his Pentecostal faith. (Ivanov v. Holder, 11/5/13)
CA1 Upholds Adverse Credibility Finding for Guatemalan Petitioner
The court denied the application for CAT relief and upheld the adverse credibility finding due to the Petitioner’s inconsistencies in his submissions and testimony. (Martinez v. Holder, 11/4/13)
BIA Finds Criminal Indictment Is Not Clear and Convincing Evidence of Date of Offense
Unpublished BIA decision finds statement in criminal indictment saying offense occurred “on or about” a particular date does not constitute clear and convincing evidence that the offense actually occurred on that date. Special thanks to IRAC. (Matter of Clase, 10/31/13)
AILA Amicus Brief on When an Order of Removal is Final for Purposes of Judicial Review
AILA amicus brief urging the Ninth Circuit Court of Appeals to grant rehearing in Abdisalan v. Holder to clarify when a final order of removal exists for purposes of filing a petition for review in cases where the BIA denies one immigration benefit and remands for consideration of another.
CA1 Denies Asylum to Former 18th Street Gang Member from El Salvador
The court denied the petition for review, upholding the BIA’s finding that membership in a violent criminal street gang cannot serve as the basis for protected-group status under the INA. (Cantarero v. Holder, 10/31/13)
BIA Finds Respondent Failed to Appear Due to Alleged Clerical Error
Unpublished BIA decision finds alleged clerical error by immigration court regarding date of hearing constitutes exceptional circumstances justifying failure to appear. Special thanks to IRAC. (Matter of Mendez, 10/30/13)
District Court Awards $20,000 in Attorney’s Fees in FOIA Lawsuit
Settlement agreement reached in district court in a FOIA lawsuit seeking the release of asylum officer notes. The agreement stipulated that DHS pay $20,000 in attorney’s fees. DHS handed over the asylum officer notes prior to settlement. (Hemed v. DHS, 10/30/13)
CA10 Upholds Cancellation of Removal Denial
The court denied the petition for review, finding that since the Petitioner had been granted suspension of deportation during prior deportation proceedings, he was ineligible for cancellation of removal under INA §240A. (Velasco v. Holder 10/29/13)
ICE FAQs on Immigration Detainers
Undated ICE FAQs on immigration detainers.
CA4 Holds LPRs With Serious Offenses Are Treated as “Seeking Admission” When Entering from Abroad
The court denied the petition, holding that the Fleuti doctrine did not survive IIRIRA’s enactment, and that LPRs who commit serious offenses are always treated as “arriving” aliens when entering from abroad and subject to removal under §101(a)(13)(C)(v), 212(a)(2). (Othi v. Holder, 10/29/13)
CA10 Dismisses Untimely Petition for Review for Lack of Jurisdiction
The court dismissed the untimely petition for review for lack of jurisdiction, finding that the initial removal order was final, notwithstanding a subsequent remand to the IJ regarding voluntary departure. (Batubara v. Holder, 10/28/13)
EOIR Immigration Court Practice Manual Updates
EOIR alert that the Immigration Court Practice Manual has been updated to reflect the new zip code for all EOIR components located in Falls Church, VA, as well as a new address for the Portland Oregon Immigration Court.
AILA Liaison CBP Meeting Minutes with Supplemental Committee Notes (10/28/13)
The AILA CBP Liaison Committee provides approved Q&As and supplemental notes from their meeting with CBP on 10/28/13. Topics include I-94 automation, DOMA, preclearance operations, provisional waivers, nonimmigrant adjudications, credible fear interview, and prioritizing petition adjudication.
ICE Proposed Rulemaking on Interest Rates on Cash Bond Deposits
ICE notice of proposed rulemaking amending its regulations to explicitly provide that the Treasury Department will set the interest rate for cash bonds deposits. The current interest rate paid on deposits securing case bonds is set at 3 percent per annum. (78 FR 64183, 10/28/13)
CA7 Upholds Denial of Inadmissibility Waiver as a Matter of Discretion
The court upheld the denial of the inadmissibility waiver, finding that Petitioner’s extensive criminal record that extended through his removal proceedings outweighed any additional hardship caused to his USC daughter with special education needs. (Reyes-Cornejo v. Holder, 10/28/13)
EOIR Update on Filing Deadlines During Government Shutdown
EOIR alert that non-detained case filings that were due during the shutdown will be considered timely filed if received by the appropriate court by 11/8/13. BIA will consider any filing as timely filed any filing due during October 2013 as long as the BIA receives the filing on or before 11/1/13.
BIA Advises IJs to Assist Pro Se Respondents
Unpublished BIA decision remands record to allow pro se respondent to seek relief, says IJs should “aid in the development in the record, particularly where an alien appears pro se and may be unschooled in the removal process." Special thanks to IRAC. (Matter of Mutukwa, 10/25/13)
BIA Administratively Closes Proceedings of Father of DACA Grantee
Unpublished BIA decision grants joint motion to reopen and administratively close proceedings against respondent who entered country in 2004 and is father of an 8-year-old U.S. citizen child and a 20-year-old DACA grantee. Special thanks to IRAC. (Matter of Garcia, 10/25/13)
BIA Remands for Further Consideration of Request for Continuance
Unpublished BIA decision remands for further consideration of request for continuance in light of filing of appeal of USCIS denial of visa petition and birth of a daughter to the respondent and her U.S. citizen husband. Special thanks to IRAC. (Matter of Dinh, 10/25/13)
BIA Holds Ammunition Possession by Felon is Aggravated Felony
The Board held that unlawful possession of ammunition by a convicted felon under 18 USC §922(g) is an aggravated felony under INA §101(a)(43)(E)(ii). Matter of Oppedisano, 26 I&N Dec. 202 (BIA 2013)
AILA’s Quarterly ILS Newsletter (Vol. 1, Issue 3)
The latest issue of AILA’s Quarterly Immigration Lawyer Search (ILS) Newsletter features statistics from the last six months of website use, as well an article about AILA’s new Pocket DACA application.
Report Calls for Improvements to DHS Notice to Appear (NTA) Procedure
Center for Immigrants’ Rights report, “To File or Not to File a Notice to Appear: Improving the Government’s Use of Prosecutorial Discretion,” arguing that DHS should consistently consider prosecutorial discretion (PD) and increase its use of favorable PD in the issuance and filing of NTAs.
CA1 Denies Withholding and CAT Relief to Ecuadorian National
The court upheld the denials of the motions to reopen, agreeing with the BIA that the Petitioner failed to establish a statutorily protected ground of persecution and failed to demonstrate ineffective assistance of counsel. (Muyubisnay-Cungachi v. Holder, 10/25/13)