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
CA2 Holds VWP Entrant Cannot Contest Removal Through Adjustment of Status
The court held that a Visa Waiver Program (VWP) participant could not contest her removal on the basis of an adjustment of status application filed after the 90-day period during which a VWP participant may stay in the country. (Gjerjaj v. Holder, 8/28/12)
AAO Finds Applicant Did Not Willfully Misrepresent Criminal History
In an unpublished decision, the AAO found the applicant did not willfully misrepresent his criminal history because he did not understand the meaning of “moral turpitude,” and granted a 212(h) waiver for other grounds of inadmissibility. Courtesy of Steven Heller.
DHS Letter on Immigration Enforcement During Tropical Storm Isaac
DHS letter from 8/27/12 stating that there will be no immigration enforcement initiatives associated with evacuations or sheltering related to Tropical Storm Isaac, including the use of checkpoints for immigration enforcement purposes in impacted areas during an evacuation.
CA11 Holds Petitioner Must File for Adjustment with 212(h) Waiver
The court held that a removable noncitizen is not eligible for a 212(h) waiver of inadmissibility if he remains in the U.S., but fails to apply for adjustment of status. (Poveda v. U.S. Att’y Gen., 8/27/12)
CA9 Lacks Jurisdiction to Review Challenge to 8 C.F.R. §208.31
The court held it lacked jurisdiction to review the petitioner’s challenge to the regulations – which bar him from seeking asylum because he is subject to reinstatement – because DHS has not completed the reasonable fear proceedings. (Ortiz-Alfaro v. Holder, 8/27/12)
BIA Holds IJ Lacks Jurisdiction to Review DHS Termination of Asylum
The BIA held that an immigration judge does not have jurisdiction under 8 C.F.R. § 1208.24(f) to review DHS’s termination of a noncitizen’s asylum status pursuant to 8 C.F.R. § 208.24(a). Matter of A-S-J-, 25 I&N Dec. 893 (BIA 2012)
CRCL Newsletter, August 2012
DHS Office for Civil Rights and Civil Liberties (CRCL) August 2012 newsletter with information on Secure Communities, cultural training awareness sessions and more.
CA9 Holds Petitioner Is Removable for Controlled Substance Offense
The court found that the petitioner is removable because the documents of conviction in his criminal case established that he was convicted of possessing methamphetamine, and not merely of possession of a controlled substance generally. (Cabantac v. Holder, 8/23/12)
ICE Agents File Lawsuit Challenging DACA Memo
A suit filed in a Texas District Court alleges that the DHS memorandum on deferred action for childhood arrivals violates federal law and requires ICE officers to violate their oaths to uphold federal law. (Crane v. Napalitano, 8/23/12)
CA7 Remands for Fact Finding in Alien Voter Case
The LPR petitioner argued that she did not violate 18 U.S.C. §611 because state officials led her to believe it was legal for her to vote, and the court remanded to the IJ for further fact finding. (Keathley v. Holder, 8/22/12)
CA7 Holds Petitioner Is Inadmissible for Voting
The court found that the petitioner violated 18 U.S.C. §611 when he voted, rejecting his “entrapment by estoppel” argument because he did not show that he received official assurance that voting was lawful. (Kimani v. Holder, 8/22/12)
BIA Finds Texas Conviction for Resisting Arrest Is Not CIMT
In an unpublished decision, the BIA held that a Texas conviction for resisting arrest only qualifies as a CIMT if there is an intentional act combined with a meaningful level of bodily harm to the victim. Courtesy of Sonali Patnaik.
AILA Liaison Summary of Visit to CDJ
AILA Liaison provides an overview of the key issues discussed during an 8/21/12 AILA Liaison meeting with USCIS and DOS at the U.S. Consulate General in Ciudad Juarez, Mexico (CDJ). Topics include IV procedural issues, medical examinations, gang affiliation, and tattoos.
CA3 on the Post-Departure Bar and Motions to Reopen Sua Sponte
The court upheld the BIA’s determination that it lacked jurisdiction to review a motion to reopen sua sponte - filed by the petitioner out of time and after he was already removed from the country - because of the post-departure bar. (Desai v. Att’y Gen, 8/21/12)
BIA Finds Advance Parole Not “Departure” Under INA § 212(a)(9)(B)(i)(II) (Updated 8/20/12)
The BIA found the respondents, who applied for adjustment under 245(i) and left on advance parole, did not make a departure which resulted in their inadmissibility under §212(a)(9)(B). Revised 8/16/12. Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012).
ICE Report on Detained Asylum Seekers
ICE report from 8/20/12 presenting to Congress data on asylum applicants in detention with a report on detained asylum seekers covering FY2009 and FY2010.
AILA Joins National Partners to Launch Deferred Action Website
AILA is proud to be part of the national effort to launch a website which is designed to help immigrants brought to this country as children understand the Deferred Action for Childhood Arrivals (DACA) initiative.
USCIS Notice of Information Collection on Form I-243
USCIS notice of information collection request for review on whether to revise the Form I-243, Application for Removal. Comments are due 10/16/12. (77 FR 49822, 8/17/12)
Nebraska Governor’s Statement on President Obama’s Deferred Action Program
Nebraska Governor Dave Heineman statement clarifying that individuals granted deferred action under the June 15th memo will not be eligible for Nebraska drivers licenses or other state benefits.
CA1 Finds Those Who Oppose Gang Membership Are Not a “Socially Visible” Group
The court held that the Salvadoran petitioner failed to show he would suffer persecution because he opposes gang membership, noting he did not pinpoint any characteristic that renders members of the proposed group socially visible. (Beltrand-Alas v. Holder, 8/17/12)
AILA Amicus Committee Urges BIA to Reject “Social Visibility” Test
The AILA Amicus Committee filed an amicus brief in a case remanded from the Third Circuit, urging the BIA to reject the “social visibility” test in asylum cases and restore the "immutable characteristic" test as the sole measure of particular social groups.
DHS Notice on DACA and Form I-821D (Updated 8/17/12)
DHS notice of information collection under review for 30 days for Form I-821D, Consideration of Deferred Action for Childhood Arrivals. Comments are due 9/17/12. (77 FR 49451, 8/16/12)
CA7 on Untimely Motions to Reopen
The court found the petitioner’s motion to reopen was untimely filed with the BIA, noting that he did not adequately preserve an argument for review, and held he did not qualify for equitable tolling due to ineffective assistance. (El-Gazawy v. Holder, 8/16/12)
Governor Perry’s Letter to Texas Attorney General Regarding the Deferred Action Program
Texas Governor Rick Perry’s letter instructing Texas Attorney General Greg Abbott to ensure that all Texas agencies understand that deferred action confers absolutely no legal status to those that qualify.
Today the DREAM Begins: USCIS Accepts Deferred Action Requests
AILA applauds USCIS for its on-time implementation of the Deferred Action for Childhood Arrivals (DACA) initiative announced by Department of Homeland Security (DHS) Secretary Janet Napolitano on June 15, 2012.