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.
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Updates from EOIR
Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
ICE Public Advocate Voice Newsletter, December 2012 (Issue 3)
ICE December 2012 Public Advocate Voice newsletter on detention reform, community roundtable discussions, and more.
1st Things First (December 2012)
December 2012 edition of 1st Things First. Courtesy of the AILA New England Chapter.
AILA NBC Liaison Committee Meeting Minutes (11/30/12)
Meeting minutes from the AILA NBC Liaison Committee 11/30/12 meeting with NBC, including information on new NBC initiatives and staffing updates, I-601A waivers, I-864 initial evidence, CBP annotations, adjustment of status in removal proceedings, G-28s, and more.
USCIS Notice on Form I-131 Application for Travel Document
USCIS information collection notice on Form I-131 (Application for Travel Document) so DACA recipients who need to travel outside U.S. based on humanitarian, employment or education reasons can request advance parole documents. Comments due 12/31/12. (77 FR 71432, 11/30/12)
CA8 Denies Guatemalan Asylum and Withholding Claim
The court found the Guatemalan petitioner could not establish past persecution based on attacks on family members and an incident where the PNC handcuffed, beat, and burned him with a cigarette. (Garcia-Colindres v. Holder, 11/30/12)
DOJ OIL November 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) November 2012 Litigation Bulletin, where the Seventh Circuit ruled that a person who has been previously removed from the United States is ineligible for adjustment of status.
DOJ Inspector General Semiannual Report to Congress
DOJ semiannual report to Congress from the Office of the Inspector General on developments from 4/1/12 to 9/30/12, including a section on the Executive Office for Immigration Review.
ACLU Lawsuit Challenges Arizona Over DACA Driver License Denials
ACLU press release on a class-action lawsuit seeking to block Arizona Executive Order 2012-06, issued by Arizona Gov. Jan Brewer, which would deny driver's licenses to a specific class of immigrant youth who qualify for the Deferred Action for Childhood Arrivals (DACA) program.
BIA on Crime of Stalking under INA §237(a)(2)(E)(i)
The BIA clarified the definition of stalking for the purposes of INA §237(a)(2)(E)(i), and held that a conviction under section 646.9 of the California Penal Code qualifies as a “crime of stalking.” Matter of Sanchez-Lopez, 26 I&N Dec. 71 (BIA 2012)
Sign-On Letter to President Obama Calling for Closure of the 10 Worst Detention Facilities
On 11/28/12, AILA joined immigration, labor, faith, and human rights organizations in a sign-on letter calling for the closure of ten of the worst detention centers in the country while making immediate changes to ensure the safety, dignity and well-being of immigrants.
DHS Privacy Impact Assessment (PIA) Report on ICE Alien Medical Records Systems
DHS Privacy Impact Assessment (PIA) report from 11/27/12 describing information in ICE alien medical record systems, why information was collected and safeguards ICE implemented to mitigate privacy and security risks to personally identifiable information stored in the systems.
AIC/AILA Comments on DOJ Regulatory Review
AIC/AILA comments in response to the advance notice of proposed rulemaking published in the Federal Register on 9/28/12 as part of the DOJ “Retrospective Regulatory Review” under Executive Order 13563. Includes comments on 8 CFR Parts 1003, 1216, and 1235.
CA7 Denies Motion to Reopen Based on Change in Country Conditions
The asylum applicant argued her case should be reopened due to the birth of her two USC children and the enforcement of China’s family planning policy, but the court held there was a change in personal circumstances, not country conditions. (Zheng v. Holder, 11/27/12)
CA3 Denies Asylum Applicant’s Motion to Reopen
The court upheld the BIA’s denial of the motion to reopen, noting that the petitioner did not show how he acquired the previously unavailable evidence and that he failed to file a new asylum application as required by the regulations. (Lin v. Atty’ Gen., 11/27/12)
AILA Brings Back the ILS Quarterly Newsletter (Vol. 1, Issue 1)
Check out the return of AILA’s Immigration Lawyer Search (ILS) Newsletter which highlights practice tips and statistics from www.ailalawyer.com.
MIRC Issue Brief: Michigan Drivers Licenses for DACA Grantees
This Michigan Immigrant Rights Center Issue Brief concludes that the position of the Michigan Secretary of State that DACA grantees are not "legally present" under Michigan law and are therefore are ineligible for drivers licenses is inconsistent with state and federal law.
CA7 Holds Political Opinion Was Not Central Motivation for Persecution of Asylum Applicant
The court rejected the argument that the IJ improperly required political opinion to be the “primary” reason the petitioner was persecuted, finding that substantial evidence showed political opinion was not a central motivation. (Shaikh v. Holder, 11/26/12)
Prosecutorial Discretion for the Families of Deferred Action Recipients
On the eve of Thanksgiving, I think I'm doing what most Americans do this time of year - I'm counting my blessings. I have so much to be thankful for - both in my personal life as well as my professional life. In my professional life, I find myself extremely thankful for several new policies imple
CA7 Rejects Constitutional Challenge to Asylum Regulation
The court found that it did not have jurisdiction to review the BIA’s conclusion that the petitioner’s asylum application was untimely, rejecting the argument that 8 C.F.R. § 1208.4(a)(5)(iv) is unconstitutionally vague. (Vrljicak v. Holder, 11/20/12)
TRAC Report on Continued Decline in Criminal Immigration Prosecutions
Transactional Records Access Clearinghouse (TRAC) November 2012 report showing continued decline in number of criminal prosecutions resulting from referrals made by ICE and CBP agents, with 81,496 prosecutions filed in the last 12 months, nearly 10% fewer than in August 2011.
BIA Reverses IJ, Grants Cancellation of Removal
In an unpublished decision, the BIA determined that the respondents were eligible for cancellation of removal in part because of the hardship to their USC daughter, who is an extremely talented dancer and would be unable to continue her career. Courtesy of Kevin Crabtree.
USCIS Filing Tips for Deferred Action for Childhood Arrivals
USCIS fact sheet reminding people that consideration for deferred action for childhood arrivals involves several steps, including multiple forms, evidence and fees. This fact sheet provides tips to avoid having requests rejected or delayed because of common filing errors.
USCIS Guidance for Employers on Deferred Action for Childhood Arrivals (DACA)
USCIS fact sheet providing specific guidance to employers on the treatment of employment authorization documents (EADs) issued by USCIS to deferred action for childhood arrival (DACA) recipients and how employers should process Form I-9 in these cases.
CA4 Holds Asylum Applicant is Subject To Material Support Bar
The court found that the BIA did not err when it held that the petitioner was statutorily ineligible for asylum and withholding of removal because he was a member of, and provided material support to, a terrorist organization. (Viegas v. Holder, 11/19/12)
AILA’s New Members Division Newsletter, November 2012 (Vol. 4, Issue 7)
In this issue, learn how to prepare your firm and clients for a natural disaster, see what AILA’s Colorado Chapter learned after hosting a DACA workshop, and get ten tips for representing an EB-5 investor.