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
Sample BIA Acknowledgement of Remand by Second Circuit
Sample BIA “Acknowledgement of Court Order” issued in response to a case that was remanded by the Second Circuit pursuant to Matter of Immigration Petitions for Review Pending in the United States Court of Appeals for the Second Circuit. Courtesy of Gary Yerman.
AILA Comments on DHS Proposed Rule to Prevent Sexual Abuse in Confinement Facilities
AILA comments in response to a DHS proposed rule on Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities. Special thanks to the LGBT Working Group and AILA ICE and EOIR Liaison Committees.
USCIS Data on DACA Cases Received Through February 14, 2013
USCIS statistics on DACA cases from 8/15/12 to 2/14/13 which shows a total of 423,634 accepted DACA requests for processing, 411,739 biometric services appointments scheduled and 199,460 requests approved.
CA2 Holds NY Sale of Controlled Substance Is an Aggravated Felony
The court held that the petitioner’s conviction for third degree criminal sale of a controlled substance in violation of New York Penal Law § 220.39(1) is an aggravated felony. (Pascual v. Holder, 2/19/13)
CA7 on In Absentia Orders of Removal
The court set aside the in absentia order of removal, finding that the petitioner was not given an opportunity to present evidence that her case should be reopened because she never received notice of the hearing. (Smykiene v. Holder, 2/13/13)
CA7 Remands Pakistani Asylum Case
The court granted the petition and remanded the asylum case, holding that the BIA’s conclusion that the petitioner’s attackers were motivated solely by a desire for personal revenge is not supported by substantial evidence. (Mustafa v. Holder, 2/11/13)
CA7 Upholds Denial of Good-Faith Marriage Waiver
The court upheld the denial of the petitioner’s request for a good-faith marriage waiver, finding the removal proceedings were not unfair and that the IJ’s adverse credibility determination was reasonable. (Boadi v. Holder, 2/7/13)
CA11 Holds Georgia Conviction for Shoplifting Is Not an Aggravated Felony
The court held that a conviction for shoplifting under Georgia Code § 16-8-14 does not categorically qualify as an aggravated felony, and that the record of conviction did not establish the petitioner committed an aggravated felony. (Ramos v. U.S. Att’y Gen., 2/19/13)
AILA Amicus Brief on §212(c) Relief
AILA amicus brief addressing questions posed by the BIA on §212(c) relief, and presenting a framework for evaluating §212(c) claims after the Supreme Court decisions in St. Cyr, Judulang, and Vartelas.
CA11 Holds Florida Conviction for Resisting an Officer is CIMT
The court found that a Florida conviction for resisting an officer with violence under Fla. Stat. § 843.01 is a CIMT, and that the petitioner was thus removable as having been convicted of two or more CIMTs. (Cano v. U.S. Att’y Gen., 2/15/13)
DHS Notice on Alien Criminal Response Information Management System of Records
DHS notice on the updating and renaming of existing system of records titled Department of Homeland Security/Immigration & Customs Enforcement-007—Law Enforcement Support Center Alien, changing the name and adding new categories. Comments due 3/18/13. (78 FR 10623, 02/14/13)
CA6 Holds Conspiracy to Traffic in Identification Documents is CIMT
The court held that the petitioner’s conviction for conspiracy to traffic in identification documents under 18 U.S.C. §1028(f) qualifies as a crime involving moral turpitude because the statute inherently involves deceit. (Yeremin v. Holder, 2/14/13)
TRAC Report on Deportation Orders Rising Slightly from Historic Lows
Transactional Records Access Clearinghouse (TRAC) report showing that during January 2013, the government reported 15,174 new ICE filings seeking deportation orders, which is down 23.7 percent through first 4 months of FY2013 when compared to monthly filings in FY2012.
TRAC Report on Deportation Orders Going Down 25% from Last Year's Pace
Transactional Records Access Clearinghouse (TRAC) report showing that during November 2012, the government reported 14,926 new ICE filings seeking deportation orders, which is down 24.8% from levels in FY2012.
CRS Report on Policy Options for Providing Targeted Immigration Relief
Congressional Research Service (CRS) report from 2/13/13 on policies to provide targeted relief to unauthorized persons, including statutory and legislative remedies, including amending statutory provisions to make it easier for unauthorized persons to obtain LPR status.
CA9 Remands Asylum Case on Social Visibility Requirement
In an en banc decision, the court held that the BIA misapplied its own precedent on social group membership when it denied petitioner’s asylum claim because of a lack of “social visibility.” (Henriquez-Rivas v. Holder, 2/13/13)
AIC, AILA, CLINIC, and NILC Comments on Form I-821D
AIC, AILA, CLINIC, and NILC comments in response to proposed revisions to form I-821D, Consideration of Deferred Action for Childhood Arrivals, and accompanying instructions.
AILA Comments on Form I-765, Application for Employment Authorization
AILA’s comments in response to proposed revisions to Form I-765, Application for Employment Authorization, Form I-765WS, Worksheet, and accompanying instructions.
IJ Grants Humanitarian Asylum to Romanian Applicant
In this unpublished decision, the IJ granted humanitarian asylum pursuant to 8 C.F.R. §1208.13(b)(1)(iii)(B) based on the reasonable possibility that the applicant would suffer other serious harm in Romania. Courtesy of Russell R. Abrutyn.
BIA Finds IJ Cannot Deny Asylum Application Without Merits Hearings
In an unpublished decision, the BIA held that the IJ erred by requiring the asylum applicant to establish a prima facie asylum case in their written asylum application as a prerequisite to holding a hearing and remanded the case to the IJ. Courtesy of Patricia G. Mattos.
District Court Complaint Challenges Withholding Asylum Interview Notes Under FOIA
Complaint filed by the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area challenging the USCIS policy of withholding asylum interview notes in response to FOIA requests submitted for applicants’ A files. (Martins v. USCIS, 2/11/13)
Immigration Court and EOIR Office Closings for February 11, 2013
EOIR public statement announcing that the Hartford, Connecticut immigration court will be closed on Monday, February 11, 2013 due to inclement weather conditions.
Factsheet on Amendment Regarding Third DUI Conviction.
A factsheet by The National Task Force to End Sexual and Domestic Violence Against Women on the proposed amendment to VAWA to expand the definition of aggravated felony to include a third DUI conviction.
Factsheet on Amendment Regarding Domestic Violence Convictions
A factsheet by The National Task Force to End Sexual and Domestic Violence Against Women on the proposed amendment to VAWA to expand the definition of aggravated felony to include all domestic violence convictions.
CA1 Upholds Denial of Asylum for Ecuadorian Indigenous Activist
The court denied asylum, finding that the harassment faced by the Ecuadorian petitioner due to her activities on behalf of the indigenous community did not amount to persecution and that the agency did not err in its factfinding. (Guaman-Loja., Holder, 2/7/13)