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
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Unpublished BIA decision terminating proceedings upon finding that resisting arrest under Cal.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Unpublished BIA decision remanding for reconsideration of whether Maryland Code Ann.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In a nonprecedential decision, the court concluded and dismissed the petition to review, finding that the petitioner failed to exhaust her administrative remedies and thus lacked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)
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.
CA9 Denies Review of Frivolous Armenian Asylum Claim
The court denied the petition for review of the BIA’s decision affirming an IJ’s determination that the petitioner knowingly filed a frivolous asylum application and that she was statutorily barred from adjustment of status and a 212(i) waiver on that basis. (Kulakchyan v. Holder, 9/18/13)
CA9 Upholds Asylum Denial for Guatemalan Rape Victim
The court upheld the BIA’s denial of asylum, finding that petitioner did not show persecution on account of real or imputed political opinion and that the attack she suffered did not occur with the acquiescence of the Guatemalan government. (Garcia-Milian v. Holder, 9/18/13, amended 2/13/14)
BIA Terminates Proceedings Due to Ineffective Assistance of Counsel in Criminal Proceedings
Unpublished BIA decision where the Board terminated proceedings following a stipulation from both parties that the respondent was no longer removable because his criminal conviction was vacated based on ineffective assistance of counsel. Special thanks to IRAC. (Matter of Iglesias, 9/18/13)
EOIR Notice on eRegistration Security Standards
EOIR notice on eRegistration security standards and reminder that attorneys and fully-accredited representatives who complete step one of the two-step registration process have 90 calendar days to complete step two. Individuals who practice before EOIR must complete both steps by 12/10/13.
ICE Criminal Justice Stakeholder Forms Program
ICE information on its Criminal Justice Stakeholder Forms program, which gives criminal justice professional access to relevant and reliable information from ICE when working with undocumented individuals with obligations within the criminal justice system.
BIA Upholds Denial for Co-Respondent With No Independent Relief
Unpublished BIA decision grants a joint motion to administratively close proceedings for one respondent with a pending visa petition, but denied the appeal for the co-respondent, who had no independent relief. Special thanks to IRAC. (Matter of Medrano-Arias, 9/17/13)
BIA Remands After IJ Only Considered Unfavorable Factors When Exercising Voluntary Departure Discretion
Unpublished BIA decision remanding the record because the Immigration Judge denied voluntary departure solely on an apparent conviction for possession of marijuana and did not consider any of the respondent's favorable equities. Special thanks to IRAC. (Matter of Castorena-Alonso, 9/17/13)
BIA Terminates Removal Proceedings After Egregious ICE Actions
Unpublished BIA decision dismissing DHS’s appeal, finding that the respondent’s detention, arrest, and interrogation were sufficiently egregious to warrant the IJ’s grant of his motion to suppress and to terminate removal proceedings. Special thanks to IRAC. (Matter of Ixpec-Chitay, 9/16/13)
BIA Reopens Proceedings Finding Respondent’s Confusion of Court Dates Rises to Exceptional Circumstances
Unpublished BIA decision the Board reopened proceedings upon finding the respondent’s confusion regarding the dates of his criminal and removal hearings constituted “exceptional circumstances” justifying his failure to appear. Special thanks to IRAC. (Matter of Castellanos, 9/16/13)
BIA Grants Interlocutory Appeal, Terminates Proceedings
In this unpublished decision, the Board granted an interlocutory appeal from an IJ order denying the parties’ joint motion to terminate removal proceedings, and ordered the proceedings terminated so that the respondent could resume her naturalization application. Courtesy of John Gibson.
CA9 Holds DHS May Terminate Prior Grant of Withholding in Conjunction with Removal Proceedings
The court held that DHS may terminate a prior grant of withholding in conjunction with removal proceedings, so long as it meets its burden of demonstrating the grounds for doing so, and that two separate proceedings are not required under 8 CFR §1208.24(f). (Gutierrez v. Holder, 9/13/13)
BIA Upheld Denial of AOS Due To False Claims on I-9 Form
Unpublished BIA decision upholding denial of the respondent’s adjustment application because he signed an I-9 claiming to be a U.S. citizen or national and presented no evidence to support his claim that the I-9 was completed under duress. Special thanks to IRAC. (Matter of Dakura, 9/13/13)
BIA Upholds DHS Motion to Terminate and Dismisses Respondent’s Appeal
Unpublished BIA decision where the Board upheld a grant of a DHS motion to terminate proceedings to reinstate a prior removal order against the respondent, rejecting his arguments that the underlying order should be set aside. Special thanks to IRAC. (Matter of Aguilar-Perez, 9/13/13)
USCIS Data on DACA Cases Received Through 8/31/13
USCIS statistics on DACA cases through 8/31/13, showing a total of 567,563 DACA requests accepted for processing, 555,958 biometric appointments scheduled, 455,455 requests approved, and 9,578 requests denied. 13,960 applications were accepted and 2,154 applications were denied in August 2013.
TRAC Report on the Nature of Charge in New Filings Seeking Removal Orders
Transactional Records Access Clearing House (TRAC) report demonstrating that only a small proportion of the filings in immigration courts seeking to deport noncitizens have been based on alleged criminal activity. Charts are updated with new data as it is available.
TRAC Report on New Filings Seeking Removal Orders
Transactional Records Access Clearing House (TRAC) report showing the number of new filings seeking removal orders in immigration courts. Charts are updated with new data as it is available.
CRS Report on Judicial Review of Immigration Matters
Congressional Research Service (CRS) report with an overview of judicial review of immigration matters, including visa denials and revocations, removal orders and detention, naturalization delays, expedited removal of inadmissible arriving aliens, expatriation, and legalization denials.
CA5 Finds AAO, BIA, DHS Relied on Nonexistent Mexican Law in Removal Case
After noting that the AAO, the BIA, and DHS relied on a nonexistent Mexican law that out of wedlock children can only be legitimized by the subsequent marriage of their parents, the court found U.S. citizenship for the petitioner under §§ 301, 309 and remanded. (Saldana v. Holder, 9/11/13)
BIA Remands Due to Claims of Exception Circumstances and Ineffective Assistance of Counsel
Unpublished BIA decision remanding for consideration of whether the filing deadline for the respondent’s untimely motion to reopen should be equitably tolled in light of the intervening decision in Avila-Santoya v. U.S. Att'y Gen. Special thanks to IRAC. (Matter of Reece, 9/11/13)