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
CA7 Remands Asylum Claim on Forced Sterilization for Chinese Woman with USC Children
The court vacated the BIA decision and remanded the case in light of two recent seventh circuit decisions that cast doubt on the claim that Fujian authorities do not count children born outside of China for purposes of the one-child policy. (Zheng v. Holder, 7/11/13)
Supreme Court on Modified Categorical Approach
The Court held that sentencing courts may not apply the modified categorical approach to a federal defendant when the crime of which the defendant was previously convicted has a single, indivisible set of elements. (Descamps v. U.S, 6/20/13)
AILA Amicus Brief on Standard of Review in Citizenship Cases
AILA amicus brief urging CA9 to grant en banc rehearing of Mondaca-Vega v. Holder, and arguing the Supreme Court requires a de novo review of the record in nationality cases and that its previous decision ignored precedent providing that citizenship claims are subject to elevated scrutiny.
USCIS Data on DACA Cases Received Through June 30, 2013
USCIS statistics on DACA cases through 6/30/13, showing a total of 537,662 DACA requests accepted for processing, 524,153 biometric appointments scheduled, 400,562 requests approved, and 5,383 requests denied. 17,506 applications were accepted and 1,591 applications were denied in June 2013.
CA1 Denies Asylum to Chinese Christian Petitioner from Indonesia
The court denied the petitioner's applications for asylum and withholding, finding the mistreatment he suffered in Indonesia on account of his Chinese ethnicity and Christian religious beliefs did not rise to the level of persecution. (Ang v. Holder, 7/10/13)
EOIR eRegistry Has 5,000 Registered Users in First Month
EOIR launched eRegistry on 6/10/13, and approximately 5,000 practitioners have completed both steps of the two-step registration process as of 7/10/13. EOIR has received approximately 200 electronically filed forms as of 7/10/13.
CA1 Finds Petitioner Failed to Show Exceptions to MTR Time Limit
The court held that the petitioner’s joining the China Democracy Party after being ordered removed cannot be the basis of a motion to reopen because it is a change in personal circumstances, and that China’s targeting of pro-democracy activists has not worsened. (Chen v. Holder, 7/9/13)
CA1 Holds CT Larceny Is an Aggravated Felony
The court upheld the BIA’s conclusions that a Connecticut conviction for taking property from the person of another is categorically a theft offense and thus an aggravated felony, and that the petitioner was validly convicted as an adult for immigration purposes. (Lecky v. Holder, 7/9/13)
CA2 Holds That NY Criminal Sale of Controlled Substance Is an Aggravated Felony
The court held that the petitioner is not eligible for cancellation of removal because his conviction under NY Penal Law §220.39(1) for third-degree criminal sale of a controlled substance is an aggravated felony. (Pascual v. Holder, 7/9/13)
BIA Remands Adjustment Case In Light of Garfias-Rodriguez
In this unpublished decision, the BIA remanded the respondent’s case to the IJ to consider whether he relied on Acosta when he applied for adjustment of status and whether Matter of Briones should apply retroactively to him. Courtesy of Daniel Shanfield.
CA9 Upholds BIA Finding that CSPA Does Not Apply to NACARA
The court denied the application for special rule of cancellation, finding the Petitioner, who applied for NACARA as a derivative before he was 21 years old but was over 21 when his father was granted relief, failed to demonstrate that the CSPA applies to NACARA. (Tista v. Holder, 7/8/13)
BIA Remands Denial of I-130 Filed By Same-Sex Couple, Holds DOMA Is Not an Impediment
The Board held that Section 3 of the Defense of Marriage Act (DOMA) is no longer an impediment to the recognition of lawful same-sex marriages and spouses under the INA if the marriage is valid under the laws of the State where it was celebrated. Matter of Zeleniak, 26 I&N Dec. 158 (BIA 2013)
District Court Orders Vaughn Index in FOIA Case Over Asylum Officer Notes
The court found credible plaintiff's argument that asylum officer interview notes are not deliberative and ordered USCIS to produce a Vaughn index of withheld documents. (Martins v. USCIS, 7/3/13)
CA10 Holds §212(h) Hardship Determination Is Unreviewable Discretionary Decision
The court held that it did not have jurisdiction to review the hardship determination required for a waiver of inadmissibility under INA §212(h)(1)(B) because it is an unreviewable discretionary decision. (Munis v. Holder, 7/2/13)
DOJ OIL July 2013 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for July 2013 with articles on impermissibly retroactive use of pre-1988 convictions as aggravated felonies and the continuing viability of the Auer deference, as well as litigation highlights and summaries of recent circuit court decisions.
DHS 2012 Yearbook of Immigration Statistics
DHS Office of Immigration Statistics 2012 Yearbook of Immigration statistics, consisting of tables organized by subject matter, including legal permanent residents, refugees and asylees, naturalizations, nonimmigrant admissions, and enforcement actions.
VOICE: July/August 2013
This issue of VOICE offers insight on applying for TPS on behalf of Syrians, advising academic officials in light of USCIS’s strict F-1 enforcement, preparing PERM appeals, and more! Also, complete our crossword puzzle correctly and get $150 off a new AILALink subscription!
CA10 Holds Petitioner’s Appeal Was Withdrawn Following Departure from U.S.
The court upheld the BIA’s determination that the petitioner’s voluntary departure appeal was withdrawn under 8 CFR §1003.4 because he departed the U.S., noting that the petitioner’s motives for leaving were irrelevant. (Montano-Vega v. Holder, 7/1/13)
Immigration Law Advisor, June-July 2013 (Vol. 7, No. 6)
Immigration Law Advisor, a legal publication from EOIR, with an article on the K nonimmigrant visa, circuit court decisions for May and June 2013, and recent BIA precedent decisions.
CIS Ombudsman’s Office 2013 Annual Report
CIS Ombudsman’s Office 2013 Annual Report including an overview of the Ombudsman’s mission and services, a review of programmatic and policy achievements over the past year, and a detailed discussion of pervasive and serious problems, recommendations, and best practices for USCIS.
CA9 Holds Petitioner’s Claim Does Not Fall Within Exception to Exhaustion Requirement
The court dismissed the petition for review, holding that the Petitioner failed to exhaust the only issue raised in her petition, an argument that the government denied her due process by placing her in removal proceedings without her husband. (Sola v. Holder, 6/27/13)
BIA Holds Intentional Distribution of Proceeds of Illicit Drug Business Is Not An Aggravated Felony
The Board held the offense of traveling in interstate commerce with the intent to distribute the proceeds of an unlawful drug enterprise is not an aggravated felony under INA §101(a)(43)(B). Matter of Flores-Aguirre, 26 I&N Dec. 155 (BIA 2013)
CA9 Applies Vartelas and Remands §212(c) Relief Claim
The court vacated the BIA decision and remanded, applying Vartelas and holding that the repeal of §212(c) relief impermissibly attaches new legal consequences to the trial conviction of the petitioner. (Cardenas-Delgado v. Holder, 6/26/13)
BIA Finds Grant of Asylum is Not “Admission” Under INA §101(a)(13)(A)
The Board remanded the case to the IJ, holding that a grant of asylum is not an “admission” to the U.S., and IJ should make a threshold determination regarding termination of asylum status when the asylee is in removal proceedings. Matter of V-X-, 26 I&N Dec. 147 (BIA 2013)
District Court Orders ICE to Submit New Documentation in AIC FOIA Case
The court denied ICE’s motion for summary judgment, concluding that ICE's FOIA search for documents related to the role of counsel was not adequate and did not provide sufficient information to determine whether its withholdings were proper. (American Immigration Council v. DHS, 6/24/13)