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
CA9 Remands Case to Allow Petitioner to File Cancellation Application
The court held that the BIA erred in finding that the petitioner did not comply with Lozada in his ineffective assistance of counsel claim, noting it does not require a specific type of submission to prove a bar complaint was filed. (Correa-Rivera v. Holder, 2/6/13)
CA11 Reverses BIA on Past Persecution
The court remanded the asylum case, holding the abuse the petitioner suffered – which included being detained for a week and subjected to physical abuse – rose to the level of past persecution, if the petitioner is found to be credible. (Shi v. U.S. Att’y Gen., 2/5/13)
National Sign-On Letter Opposing Third DUI Resulting in an Aggravated Felony
On 2/4/13 AILA joined over 100 other groups in a sign-on letter calling on the Senate to oppose and amendment to VAWA that would make a 3rd DUI result in an aggravated felony for the purposes of immigration.
AIM February: AILA Interview of the Month with Francisco Gutierrez
AILA Interview of the Month (AIM) is a series of short interviews on immigration from many perspectives. This month a young student at Georgetown University joins us to discuss his experience applying for DACA.
EOIR Swears in New Assistant Chief Immigration Judge
EOIR press release announcing the swearing-in ceremony of Abigail M. Price as the newest assistant chief immigration judge which took place at the headquarters of Executive Office of Immigration Review (EOIR).
AILA Files Amicus Brief on Mandatory Detention Under INA §236(c)
AILA amicus brief explaining how the plain language of the mandatory detention provisions in INA §236(c) is intended to operate in light of its statutory history, and arguing that the Third Circuit should not defer to the BIA’s holding in Matter of Rojas.
BIA Reverses IJ on Exception to One-Year Asylum Filing Deadline
In an unpublished decision, the BIA held the respondent qualified for an exception to the one-year filing deadline based on her mother’s later arrest by Chinese officials, noting that “changed personal circumstances may form the basis of an exception.” Courtesy of Alan Lee.
Immigration Law Advisor, January 2013 (Vol. 7, No. 1)
Immigration Law Advisor, a legal publication from EOIR, with an article on humanitarian asylum, as well as circuit court decisions from December 2012, calendar year 2012 totals, recent BIA precedent decisions, and a regulatory update.
CA9 Denies Adjustment Where Record on Drug Conviction Is Inconclusive
The court held that the petitioner is ineligible for adjustment due to a 1997 conviction for possession of marijuana for sale, finding the record was unclear as to whether the state court changed his conviction to simple possession. (Lopez-Vasquez v. Holder, 2/1/13)
Michigan Reverses Decision, Will Grant Drivers Licenses to DACA Recipients
Michigan Department of State press release announcing Michigan will issue driver’s licenses and ID cards to DACA recipients following the release of updated USCIS FAQs specifying that DACA recipients are lawfully present.
CA1 Holds BIA Erred in Finding Petitioner Removable for Alleged CIMT
Employing the modified categorical approach, the court found it unclear whether the petitioner’s CT conviction for larceny involved intent to permanently or temporarily deprive the owner of property and held that he is not removable. (Patel v. Holder, 2/1/13)
CA4 on Deportation Suspensions in Light of NACARA
The court held that the petitioner was limited by the modified categorical approach in what evidence he could present to show that his 1996 conviction was not a crime of violence, despite the record of conviction being inconclusive. (Mondragon v. Holder, 1/31/13)
Napolitano Letter Regarding Impact of Sequestration on DHS
Letter from Secretary of Homeland Security Janet Napolitano to the Senate Committee on Appropriations regarding the potential impacts of a March 1, 2013 sequestration on DHS, including effects on CBP, ICE, TSA, and more.
DOJ OIL January 2013 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) January 2013 Litigation Bulletin where the Seventh Circuit ruled that pending adjustment application did not toll accrual of days without “lawful status” for adjustment of status purposes.
BIA Finds HIV Diagnosis Constitutes Changed Circumstances in Asylum Case
In an unpublished asylum case, the BIA reversed the IJ, finding that the respondent’s HIV diagnosis and subsequent AIDS diagnosis constituted changed circumstances for the purposes of the one-year filing deadline. Courtesy of Ashley Huebner.
BIA on the U.N. Convention Against Transnational Organized Crime
The Board found the respondent was statutorily barred from CAT relief, and held that the U.N. Convention Against Transnational Organized Crime does not provide an independent basis for relief in immigration proceedings. Matter of G-K-, 26 I&N Dec. 88 (BIA 2013)
Kucana, An Inside Look
AILA Amicus Committee alert on Kucana, a 2010 Supreme Court decision where the Court reviewed whether 8 U.S.C. § 1252(a)(2)(B)(ii) strips jurisdiction from federal courts to review rulings on motions to reopen by the Board of Immigration Appeals.
CA8 Upholds Adverse Credibility Determination, Denies Relief
The court upheld the IJ’s adverse credibility determination and denied asylum, withholding, and CAT relief, finding that the IJ highlighted the inconsistencies and implausibilities in the applications, testimony, and hearing exhibits. (Fofana v. Holder, 1/29/13)
Transcript of President Obama's Speech on Comprehensive Immigration Reform 2013
White House transcript of 1/29/13 speech by President Obama at Del Sol High School in Las Vegas, Nevada where he laid out his 2013 immigration plan that will strengthen our borders and streamline the immigration system for families, workers, and employers.
White House Fact Sheet on Comprehensive Immigration Reform 2013
White House fact sheet on 2013 immigration plan that will strengthen our borders, crack down on companies that hire undocumented workers, hold undocumented people accountable before earning citizenship and streamline immigration system for families, workers, and employers.
CA9 Holds California Conviction for False Imprisonment is an Aggravated Felony
The court held that a conviction under California Penal Code §210.5 for false imprisonment is a categorical crime of violence because it involves a substantial risk that force may be used. (Barragan-Lopez v. Holder, 1/29/13)
CRCL Newsletter, January 2013
DHS Office for Civil Rights and Civil Liberties (CRCL) January 2013 newsletter with information on new USCIS resources, sexual assault in confinement facilities, human trafficking issues, and more.
CA9 Issues Third Opinion in Case on Unlawful Presence and the Permanent Bar (Updated 1/31/13)
The court removed language permitting the accrual of pre-IIRIRA unlawful presence, denied relief under 212(a)(9)(C)(i)(II), and held that the application of Torres-Garcia to Petitioner was not impermissibly retroactive. (Carrillo de Palacios v. Holder, 1/28/13)
Immigration Court and EOIR Office Closings for January 28, 2013
EOIR public statement announcing that the Ulster, New York and Hartford, Connecticut immigration courts will be closed at 1pm and 3pm respectively on Monday, January 28, 2013 due to inclement weather.
2013 AILA Annual Plan and Budget
The AILA Board of Governors approved AILA’s 2013 Annual Plan and Budget at its meeting on January 26, 2013.