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
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)
EOIR Makes Changes to E-Registry Disclaimer
Based on concerns raised by AILA members, EOIR has changed the language of the disclaimer on the E-Registration log-in.
CA10 Denies Motion to Reopen for Guatemalan Asylum Seeker
In a nonprecedential decision, the court denied the petition for review, finding that the petitioner failed to explain how changed country conditions in Guatemala would permit an untimely and number barred motion to reopen. (Lopez v. Holder, 9/10/13)
Unpublished BIA Case Granting AOS After Unauthorized Voting
The Board found that Keathley v. Holder is binding precedent in this case and that the holding of that case compels a conclusion that the respondent in this case is not inadmissible under section 212(a)(10)(D) and the grant of AOS was valid. Courtesy of Richard Hanus.
BIA Reopens Proceedings Due to DHS Mailing NTA to Improper Address
Unpublished BIA decision vacates an order of removal issued in absentia because respondent was not given notice of the hearing because the NTA was sent to prior address listed on an adjustment application filed years earlier. Special thanks to IRAC. (Matter of Vazquez Ferrel, 9/9/13)
BIA Reopens Proceedings After Finding Respondent’s Claim Plausible For Not Receiving Notice
Unpublished BIA decision reopening proceedings, finding that the respondent’s diligence to attend prior hearings makes his claim that he did not receive notice of this hearing, and thus causing him to miss the hearing, plausible. Special thanks to IRAC. (Matter of Boasiako, 9/9/13)
CA5 Remands Case for Anti-Maoist Asylum Seeker from Nepal
The court vacated and remanded, finding the BIA incorrectly required the petitioner to provide direct proof of the nexus between his persecution and his membership in Nepal’s Student Union, and did not consider all the evidence bearing upon the Maoists’ motives. (Sharma v. Holder, 9/9/13)
BIA Rescinds Removal Order After Notice Sent to Counsel But No Form EOIR-28 Was on Record
Unpublished BIA decision where the Board rescinded a removal order issued in absentia by finding the respondent was not properly notified of the removal hearing since the notice was mailed to counsel but there was not Form EOIR-28 on record. Special thanks to IRAC. (Matter of Kyalo, 9/6/13)
BIA Remands After Record Is Unclear If Respondent Knowingly Waived Right to Appeal
Unpublished BIA decision remanding the case because the respondent was never asked to plead to his NTA and it is unclear from the record whether the respondent’s waiver of the right to appeal was made knowingly and intelligently. Special thanks to IRAC. (Matter of Lopez-Vasquez, 9/6/13)
CA9 Finds it Lacks Jurisdiction to Review Somali Asylum Claim
Despite a mixed BIA decision, the court held it lacked jurisdiction to review the BIA’s underlying denial of asylum, the only issue raised in both petitions for review, because the petitioner failed to file a timely petition for review of that decision. (Abdisalan v. Holder, 9/6/13)
CA9 Remands After BIA Improperly Held Petitioner to Incorrect Legal Standard
The court granted petition for review and remanded after finding that the BIA improperly held that the motion to reopen was numerically barred, erred in restricting the evidence the Petitioner could provide, and erred in failing to consider the evidence tendered. (Zhao v. Holder, 9/6/13).
BIA Remands After IJ Issued Form Order Adopting DHS Opposition Without Further Analysis
Unpublished BIA decision remanding the record for further consideration of the respondent's motion to reopen because IJ issued a form order stating, “Court adopts the DHS opposition as its own findings of fact and conclusions of law.” Special thanks to IRAC. (Matter of Martinez, 9/5/13)
DHS OIG Report with FY2013 Update on Performance of 287(g) Agreements
DHS OIG report with updated info on ICE efforts to address recommendations in prior reports on the performance of 287(g) agreements from FY2013. Report finds that all 64 recommendations from prior reports have been closed based on corrective action plans and supporting documentation provided by ICE.
BIA Upholds Termination, Finding Conviction Not an Aggravated Felony
Unpublished BIA decision dismisses DHS appeal and upholds termination because conviction for selling contraband cigarettes was not an aggravated felony or a CIMT because fraud or deceit were not necessary elements of the offense. Special thanks to IRAC. (Matter of Choudhry, 9/4/13)
ICE Memo on Use of Segregation for ICE Detainees
ICE 9/4/13 memo from John Sandweg, “Review of the Use of Segregation for ICE Detainees,” which establishes policy and procedures for monitoring and reviewing segregation placement decisions and states that administrative segregation due to special vulnerability should only be used as a last resort.
CA1 Upholds Denial of MTR for Chinese Christian in Indonesia
The court found it was not an abuse of discretion for the BIA to deny the untimely motion, noting that although the petitioner submitted evidence of changed conditions in Indonesia, the information was available at the time of the hearing. (Lie v. Holder, 9/4/13)
CA1 Declines to Exercise Jurisdiction in Asylum Case
Because it was unclear whether the BIA’s remand constituted a final order of removal and the petitioner subsequently filed a timely application for asylum, withholding and CAT relief, the court declined to exercise jurisdiction. (Cano-Saldarriaga v. Holder, 9/4/13)
CA3 Remands for BIA to Clarify Matter of Eslamizar
The court granted the petition for review and remanded, asking the BIA to reconsider whether the petitioner was convicted of a crime under INA §237(a)(2)(A)(ii) and to clarify Eslamizar and the agency’s reading of §101(a)(48)(A). (Castillo v. Att’y Gen., 9/3/13)
Immigration Law Advisor, August 2013 (Vol. 7, No. 7)
Immigration Law Advisor, a legal publication from EOIR, with an article on Moncrieffe v. Holder, circuit court decisions for July 2013, recent BIA precedent decisions, and a regulatory update.
VOICE: September/October 2013
This issue of VOICE offers tips on pursuing a National Interest Waiver as an alternative to PERM, filing an adjustment for a TPS recipient, and more! Also, complete our crossword puzzle correctly and get 15% off of Immigration Consequences of Criminal Activity! Offer expires 12/31/13.
BIA Remands Due to Concerns After Finding IJ Proceedings Inadequate
Unpublished BIA decision remanding the case after expressing concern with how the immigration judge conducted the hearing and finding he failed to make clear factual findings about the respondent’s voluntary departure eligibility. Special thanks to IRAC. (Matter of Juarez, 8/30/13)
BIA Reverses IJ Decision and Administratively Closes Proceedings
Unpublished BIA decision where the Board granted a DHS motion to use prosecutorial discretion to administratively close proceedings for a respondent with a LPR mother and U.S. citizen children. Special thanks to IRAC. (Matter of Rondin-Nieves, 8/30/13)
BIA Grants DHS Appeal After IJ Failed to List Factors Used for Determining Admin Closure
Unpublished BIA decision granting interlocutory DHS appeal challenging administrative closure against a detained respondent because the IJ failed to discuss the factors listed in Matter of Avetisyan and his custody status. Special thanks to IRAC. (Matter of Cisneros, 8/30/13)
BIA Remands After IJ Denied Derivative Citizenship Claim Without Sufficient Fact Finding
Unpublished BIA decision remanding the record for issuance of a new decision addressing all evidence relevant to the respondent’s claim of derivative citizenship, including a delayed birth certificate listing a U.S. citizen as the father. Special thanks to IRAC. (Matter of Gomez, 8/30/13)
CA1 Upholds Denial of Adjustment and Cancellation Due to Marriage Fraud
The court held that the BIA did not err in finding that the petitioner materially misrepresented the circumstances of his marriage, and deemed the petitioner ineligible for adjustment of status and cancellation of removal. (Agyei v. Holder, 8/30/13)