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 Finds Notice of Hearing Was Not Properly Served
In an unpublished decision, the BIA grants motion and rescinds in absentia removal order, finding that notice of hearing was not properly served, as it was given to the attorney who appeared for the respondent at the hearing, but the respondent had not retained him. Courtesy of Gurpatwant S. Pannun.
AILA Files Amicus Brief Setting Forth Principles Underlying Brand X and Chevron
AILA amicus brief in Matter of Gomez-Barajas before the BIA, addressing Chevron deference and the holding in Brand X that in limited instances, an agency may disagree with circuit court decision and offer different interpretation of a statute.
BIA Lacks Jurisdiction to Review DHS Appeal of IJ Decision
The BIA held that it lacks jurisdiction to review a DHS appeal of an IJ’s decision to vacate an expedited removal order after a claimed status review hearing, at which the IJ determined the respondent to be a U.S. citizen. Matter of Lujan-Quintana, 25 I&N Dec. 53 (BIA 2009)
CA2 on Consular Nonreviewability and Material Support
The court remanded to consider whether the consular officer properly applied INA §212(a)(3)(B)(iv)(VI)(dd) by giving the applicant the chance to negate the allegation that he knew he was providing material support. (American Academy of Religion v. Napolitano, 7/17/09)
CA9 Finds California Conviction for Owning and Operating a Chop Shop Is Not an Aggravated Felony
Court holds that a violation of Cal. Veh. Code § 10801 does not categorically qualify as an aggravated felony theft offense, nor that the petitioner’s violation constituted a theft offense under the modified categorical approach. (Carrillo-Jaime v. Holder, 7/15/09)
CA9 Holds BIA Erred in Finding Application Improperly Filed Because of Unsigned Check
The court grants petition for review and remands. Finds no regulation specifies that USCIS must reject a signed application accompanied by an unsigned check for the right amount of the fee, when all other aspects of the application are complete and proper.(Blanco v. Holder, 7/15/09)
BIA Holds IJ Can Conduct De Novo Review of TPS Eligibility
The BIA clarified that Barrientos was not meant to restrict an IJ’s jurisdiction to review a TPS application and that exhaustion of DHS appeal procedures is not required before an IJ may conduct a de novo review of TPS eligibility. Matter of Lopez-Aldana, 25 I&N Dec. 49 (BIA 2009)
ICE Releases Statistics on Arrests for the Third Quarter of FY 2009
ICE reports an increase in criminal arrests on the SW border during the third quarter of FY 09, and an increase in the number for foreign nationals returned to countries of origin in 2009, compared to 2008. Data is also provided on the number of people screened through Secure Communities.
DHS Privacy Impact Assessment for eBONDS Phase 1
DHS Privacy Impact Assessment of phase 1 of Bonds Online System (eBONDS), a web-based application that allows surety companies to post bonds for aliens that DRO has determined are eligible for release on bond, documents the system's use and collection of personally identifiable information.
CA10 Finds it Lacks Jurisdiction to Review Denial of Application for Cancellation of Removal
Petition dismissed for lack of jurisdiction. Court rejects petitioner’s violation of due process claim. Notes that because cancellation of removal is a form of discretionary relief, petitioner cannot raise due process challenge. (Arambula-Medina v. Holder, 7/10/09)
CA9 Remands to BIA for Consideration of the Effect of Dada v. Mukasey
The court remands to the BIA to consider whether Dada v. Mukasey applies to those whose voluntary departure period was stayed by the BIA during the pendency of a motion to reopen prior to the holding in Dada. (Nevarez v. Holder, 7/8/09)
BIA on LPR Abandonment of Status
In an unpublished decision, the BIA held that DHS failed to show a returning resident who re-entered the U.S. after two years and nine months abroad was not admissible, finding the key is whether activities are consistent with intent to return as soon as practicable. Courtesy of William A. Hahn.
CA9 Finds the Government May Issue an NTA Stating that the Date and Time of the Hearing Will Be Set Later
Court holds that a Notice to Appear (NTA) that fails to include the date and time of a deportation hearing, but that states that a date and time will be set later, is not defective so long as a notice is in fact later sent. (Popa v. Holder, 7/6/09)
CA2 Finds BIA Erred by Ignoring Attorney's Sworn Statement
The court held that the BIA erred by not considering the attorney’s sworn affirmation stating that Petitioner did not understand the immigration judge’s instructions regarding the requirement to show up at his hearing. (Kulhawik v. Holder, 7/6/09)
CA6 Finds Auto Theft Is Not a Crime of Violence, Not an Aggravated Felony
The court holds that auto theft, as defined in the California Penal Code § 487 (1989), is not a “crime of violence” under 18 U.S.C. § 16(b) and cannot serve as an “aggravated felony” warranting deportation of a permanent resident alien. Remands. (Nguyen v. Holder, 7/2/09).
Immigration Law Advisor, June 2009 (Vol. 3, No. 6)
Immigration Law Advisor, a legal publication from EOIR, with an article on circuit court treatment of documents commonly submitted in coercive population control asylum claims, federal court activity for May 2009, recent BIA precedent decisions, and a regulatory update.
DHS Report on Immigration Enforcement Actions in 2008
A July 2009 DHS report provides information regarding the apprehension, detention, return, and removal of foreign nationals during FY2008.
CA6 Finds Conviction for Violating Federal Counterfeiting Statute is an Aggravated Felony
Court dismisses petition for lack of jurisdiction. Finds that a conviction for violating 18 U.S.C. § 472 is an aggravated felony under the INA, thus the IJ and BIA properly concluded that the petitioner is removable. (Nwagbo v. Holder, 6/30/09).
TRAC Report Finds Immigration Courts Still Not Completed
Three years after EOIR’s 22 measures were announced to reform the immigration courts; a TRAC report assesses what has and has not been accomplished. This report updates a 2008 TRAC study that offered an assessment at the two-year mark.
BIA Finds IJ Lacked of Jurisdiction to Change Custody Status of Asylum Applicant
The BIA held that the IJ properly determined that he lacked jurisdiction to redetermine the conditions of the applicant’s custody and set bond, as the individual was admitted through the VWP and not entitled to a custody hearing. Matter of Werner, 25 I&N Dec. 45 (BIA 2009)
Stakeholder/USCIS Q & As (6/30/09)
The Q&As address FBI namechecks, mailing addresses, diversity visa lottery, adjustment of status for detained refugees, CSC follow up e-mail address, and more.
CA6 Finds Evidence Supports IJ’s Ruling that Petitioner’s Marriage was Fraudulent
The court finds that the petitioner’s removability was established by clear and convincing evidence, as sufficient evidence supports the IJ’s ruling that the petitioner entered into a fraudulent marriage for the purpose of gaining lawful admission into the U.S. (King v. Holder, 6/29/09).
Petition for Rulemaking Regarding Appointment of Counsel for Immigrants in Removal Proceedings
Petition from advocacy groups to DOJ to initiate a rulemaking proceeding to promulgate regulations governing the appointment of counsel for indigent individuals in proceedings.
CA8 Remands for Review of Jurisdiction to Consider TPS Eligibility De Novo in Proceedings
Remanded to BIA for statutory interpretation regarding whether administrative remedies must be exhausted before relying on TPS eligibility in removal proceedings. (Salguero-Fuentes v. Holder, 6/25/09)
Highlights from the EOIR Open Forum at Annual Conference 2009
The AILA EOIR Liaison Committee offers highlights from the EOIR Open Forum at the 2009 AILA Annual Conference.