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 Found Respondent Abandoned LPR By Being Continuously Outside the U.S.
Unpublished BIA decision where the Board dismissed the appeal and found that the respondent abandoned his lawful permanent resident (LPR) status and denied his application for a waiver of inadmissibility under INA 211(b). Special thanks to IRAC. (Matter of Garcia Guzman, 8/20/13)
Amicus Alert: Ninth Circuit Grants Petition for Review of Reinstated Order of Removal
AILA Amicus Committee alert on Villa-Anguiano v. Holder, providing a summary of the case and takeaway points for practitioners.
BIA Finds Jordanian Wishing to Sell Land to Israeli Government Eligible for Asylum
Unpublished BIA decision sustaining the appeal for the asylum denial, finding that the respondent established a fear of future persecution by the Palestinian Authority and Hamas regarding efforts to sell land to the Israeli government. Courtesy of Div Gopal.
CA3 Overrules Nugent; Holds Conspiracy to Commit Wire Fraud Is an Aggravated Felony
The court affirmed the lower court’s decision denying Appellant's application for naturalization because his conviction for conspiracy to commit wire fraud was as an aggravated felony. (Al-Sharif v. USCIS, 8/19/13)
BIA Holds Violation Under 18 USC §1001(a)(2) for Knowingly Making a False Statement is CIMT
The Board held that a noncitizen who enters the U.S. by falsely claiming U.S. citizenship is not deemed to have been admitted under §101(a)(13)(A), and making a false statement to obtain a passport in violation of 18 USC §1001(a)(2) is a CIMT. Matter of Pinzon, 26 I&N Dec. 189 (BIA 2013)
AIC Practice Advisory: Motions to Suppress in Removal Proceedings
The American Immigration Council’s Legal Action Center (LAC) issued a practice advisory, Motions to Suppress in Removal Proceedings: Cracking Down on Fourth Amendment Violations by State and Local Law Enforcement Officers, on Fourth Amendment limitations in immigration enforcement efforts.
CA1 Lacks Jurisdiction to Review NACARA Special Rule Cancellation
The court held it lacked jurisdiction because the petition for review for discretionary cancellation of removal under §203 of NACARA did not contain constitutional claims or questions of law. (Castro v. Holder, 8/16/13)
CA7 Remands Denied Asylum Claim for Political Activist from Belarus
The court remanded, finding the BIA abused its discretion when it did not consider the factually distinct claims of future persecution in Belaus and rejected these claims based solely on the past adverse credibility finding. (Boika v. Holder, 8/16/13). Courtesy of Alexander Segal.
BIA Terminates Proceedings After Pardon Granted
Unpublished BIA decision terminating proceedings after the respondent was granted a full and unconditional pardon by the Governor of Ohio for his conviction for felony assault in violation of Ohio Revised Code section 2903.13(A). Special thanks to IRAC. (Matter of Lawlor, 8/16/13)
BIA Upholds Removal Order As Board Has No Authority to Consider Constitutional Challenge to INA
Unpublished BIA decision where the Board upheld a removal order against a lawful permanent resident who served in the Marine Corps, as the Board has no authority to consider the respondent’s constitutional challenge to his removability. Special thanks to IRAC. (Matter of Hinds, 8/16/13)
BIA Denies Motion Because Respondent Does Not Qualify for Derived Citizenship
Unpublished BIA decision where the Board found the respondent did not derive citizenship from his mother because he was already 21 when she naturalized and that the adjudication of his mother's application was not improperly delayed. Special thanks to IRAC. (Matter of Gould, 8/16/13)
CA10 Remands Asylum Denial for Anti-Maoist from Nepal
In a nonprecedential decision, the court reversed and remanded, finding that the IJ erred in failing to find a nexus between the petitioner’s past persecution and his political opinion relating to his involvement with the Nepali Congress Party (NCP). (Sherpa v. Holder, 8/16/13)
CA6 on Standard of Proof in Removal Proceedings for LPR Deemed Inadmissible
The court vacated the BIA’s decision and remanded, holding that where the government seeks to remove an LPR based on the inadmissibility ground of abandoning LPR status, it must prove by clear, unequivocal, and convincing evidence that the LPR is inadmissible. (Ward v. Holder, 8/15/13)
BIA Remands So IJ May Consider Impact of Reduced Criminal Sentence on Removability
Unpublished BIA decision remanding for further consideration of respondent's eligibility for voluntary departure after his sentence for theft was reduced to six months, making him eligible for the INA petty offense exception. Special thanks to IRAC. (Matter of Cuevas-Beltran, 8/15/13)
BIA Remands Because IJ Did Not Advise Respondent of All Forms of Eligible Relief
Unpublished BIA decision where the Board found the respondent knowingly waived his right to counsel but remanded the case because the IJ must advise the respondent of the forms of eligible relief including voluntary departure. Special thanks to IRAC. (Matter of Barajas Acevedo, 8/15/13)
BIA Reopens Proceedings Sua Sponte After Padilla Hearing and Amended Pleas
Unpublished BIA decision reopening proceedings sua sponte after a state court vacated the conviction for attempted assault in the second degree in violation of N.Y.P.L. 110-120.05-02 and allowed him to plead guilty to a lesser violation. Special thanks to IRAC. (Matter of Rajpaul, 8/15/13)
Brookings Report with Statistics on the DACA Program
Brookings report on the first year of the Deferred Action for Childhood Arrivals (DACA) program, with statistics drawn from a FOIA request to DHS requesting information on the size of the program, demographics, geographic distribution, age, and year of arrival of applicants.
AILA Quicktake #48: Pocket DACA (Updated 8/15/13)
Pocket DACA is a new app for smartphones and tablets that will help immigrants brought to this country as children understand the Deferred Action for Childhood Arrivals (DACA) process. Patrick Taurel, DACA Legal Services Fellow with the American Immigration Council, joins us to discuss the app.
Pocket DACA: A How-To Guide
Please use this one-minute video to guide you through the helpful Pocket DACA App. This newly-released app is designed to help immigrants brought to this country as children understand the Deferred Action for Childhood Arrivals (DACA) process and link them with AILA attorneys when needed.
New “Pocket DACA” Mobile App Helps Young Immigrants Apply for Deferred Action
AILA, AIC, the Immigration Advocates Network, and the Own the Dream campaign are proud to announce the launch of a new “Pocket DACA” app for smartphones and tablets that will help immigrants brought to this country as children understand the Deferred Action for Childhood Arrivals process.
The New Provisional Waiver – A Promising Program Foundering
For a year we waited for USCIS to put into effect changes it had discussed in processing the needed waiver for the 10 year bar found in INA § 212(a)(9)(B) for those people married to U.S. Citizens who had entered the United States without inspection. The announcement of the change to a “provisional
CA9 Grants Petition for Review of Reinstated Order of Removal and Remands to ICE
The court directed ICE to reconsider the case on remand, holding that because the prior removal order was invalidated on constitutional grounds, the government could not rely on a pre-prosecution determination to reinstate the prior order. (Villa-Anguiano v. Holder, 8/14/13)
BIA Finds Respondent’s Infraction To Be a “Conviction”
Unpublished BIA decision where the Board rejected the respondent's argument that a theft offense where he pled nolo contendere was not a "conviction" for immigration purposes because it was processed as an "infraction.” Special thanks to IRAC. (Matter of Ugas Gil, 8/14/13)
BIA Denies Claim Finding Respondent Could Not Rely on Misstatements by USCIS
Unpublished BIA decision upholding order of removal and denying respondents’ claim that the government was equitably estopped from removing them based on the respondent's receipt of an erroneous USCIS letter referring to an approved AOS. Special thanks to IRAC. (Matter of Qureshi, 8/14/13)
BIA Remands for Reopening Due to Respondent’s Eligibility for AOS
Unpublished BIA decision where proceedings were reopened as matter of discretion to allow the respondent to pursue adjustment as beneficiary of an approved visa petition filed after receiving pre-conclusion voluntary departure. Special thanks to IRAC. (Matter of Rodriguez Martinez, 8/14/13)