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
EOIR Notice on Prosecutorial Discretion
EOIR public notice stating that under the process known as prosecutorial discretion, DHS reviews pending cases to see whether they meet certain criteria for cases that are considered a low enforcement priority & if so, DHS may request "administrative closure" of the case.
BIA Holds K-4 Visa Holder Cannot Adjust Status
The BIA held that the K-4 visa holder could only adjust status based on the I-130 filed by the K visa petitioner, and not on the basis of her own subsequent marriage to a US citizen. Matter of Valenzuela, 25 I&N Dec. 867 (BIA 2012)
TRAC Report on Rising Immigration Backlog Wait Times
Transactional Records Access Clearinghouse (TRAC) report from July 2012 which shows that at the end of June 2012, the backlog of cases for immigration courts reached a new all-time high of 314,147 and also provides the average time that these pending cases have been waiting.
Sample Grants of Deferred Action by ICE
Sample grants of deferred action by ICE for individuals who came to the U.S. as children and are in removal proceedings. Please note: These are NOT affirmative deferred action grants by USCIS. USCIS has not yet announced the affirmative application process.
Secretary Napolitano House Testimony on DHS Oversight
Written testimony of DHS Secretary Janet Napolitano for a 7/19/12 House Committee on the Judiciary hearing titled “Oversight of the Department of Homeland Security” where she discusses immigration-related issues pertaining to DHS.
CA3 Finds FDCA Conviction Is Not an Aggravated Felony
The court held that a conviction for violating the FDCA’s provisions prohibiting the unlicensed wholesale distribution of prescription drugs is not an aggravated felony or a conviction relating to a controlled substance. (Borrome v. Att’y Gen., 7/18/12)
BIA Holds Municipal Court Judgment Is Conviction for Immigration Purposes
The BIA held that a judgment of guilt by a Wichita, KS municipal court is a conviction for immigration purposes and that violations of a municipal ordinance can serve as grounds for removability. Matter of Cuellar-Gomez, 25 I&N Dec. 850 (BIA 2012)
AILA Files Amicus Brief on Bar Admission of Undocumented Individuals
Amicus brief filed by AILA and other NGOs in In Re Garcia, arguing that federal immigration law does not preclude a noncitizen who lacks permission to remain in the US from gaining admission to the State Bar of California as a licensed lawyer.
House Democrats Thank President Obama for Deferred Action Policy
A 7/18/12 letter from 104 House Democrats to President Obama expressing support and appreciation for DHS’ June announcement of a deferred action policy for certain undocumented youth.
CA8 on Particular Social Group in Guatemalan Asylum Claim
The court held that “Guatemalans returning from the U.S. who are perceived as wealthy” is not a particular social group within the meaning of the INA, and denied the petition for review. (Matul-Hernandez v. Holder, 7/17/12)
2011 Digest of United States Practice in International Law
Department of State 2011 Digest of United States Practice in International Law with sections on temporary protected status, international adoption, asylum/refugee issues and many other immigration-related topics.
AILA Files Amicus Brief on Mandatory Detention Under §236(c)
AILA Amicus brief asking the Fourth Circuit to rehear Hosh v. Lucero en banc. In Hosh, the court found the petitioner was subject to mandatory detention, despite the fact he was not taken into federal custody immediately upon his release from state custody.
GAO Report on Secure Communities
A GAO report on addressing enforcement trends under Secure Communities, ICE’s adherence to best practices in acquiring Secure Communities–related technology, and ICE safeguards to help protect against potential civil rights abuses under Secure Communities.
CRS Memo Report on Deferred Action & Prosecutorial Discretion
Congressional Research Service (CRS) report memorandum from 7/13/12 called “Analysis of June 15, 2012 DHS Memorandum, Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” on President Obama’s decision on deferred action.
CA7 Upholds Cancellation and Adjustment Denial Due to Immigration Fraud (Updated 9/2/12)
The court upheld the BIA’s conclusion that the petitioner had engaged in immigration fraud and was ineligible for cancellation or adjustment, noting that the record revealed the IJ didn’t ignore testimony or skip analysis. (Jawad v. Holder, revised 8/30/12)
CA3 Denies CAT Claim Based on Cooperation in Murder Investigation
The petitioner argued that, if deported, he would be tortured by a Jamaican drug gang because of his cooperation in a murder investigation, but the court found he did not show government involvement or acquiescence. (Green v. Att’y Gen., 7/12/12)
ICE Congressional Testimony on Secure Communities
Written testimony of ICE Director John Morton for a 7/10/12 House Homeland Security Subcommittee hearing entitled “Building a Secure Community: How Can DHS Better Leverage State and Local Partnerships?” on DHS’ Secure Communities program.
Preparing to Represent Deferred Action Clients
The word is out- some DREAMers can stay in! If you are considering representing certain immigrant youth in the deferred action process, AILA’s PPC team brings you a dozen tips to competently handle the influx of clients as you prepare for the new policy announcement.
CA9 Holds California Conviction for Resisting an Officer Is Not Categorical Crime of Violence
The court held that a California conviction for resisting an executive officer is not a categorical crime of violence, and remanded the case to the BIA to apply the modified categorical approach. (Flores-Lopez v. Holder, 7/9/12)
AILA’s Pro Bono Newsletter, Summer 2012
Get the latest information on AILA’s pro bono efforts, including the DC chapter’s first prosecutorial discretion clinic and AILA National’s annual pro bono clinic. Also learn organizational tips to plan a successful Citizenship Day!
BIA Establishes Temporary Grace Period for Weather-related Filing Delays (Updated 7/9/12)
The Board of Immigration Appeals was closed July 2-3, 2012, due to extreme weather conditions in the Washington, DC, area. AILA has learned that the BIA will apply a temporary grace period for certain affected filings.
EOIR Announces Filing Deadline Changes Due to Power Outage
EOIR press release announcing filing deadline changes due to power outages in the Washington, D.C., area that disrupted operations at the BIA.
CA1 Denies Asylum to Honduran Tax Analyst
The court found that the Honduran petitioner, who received threats because he wrote a report exposing government fraud, failed to show that he suffered harm amounting to persecution or that he was targeted because of a protected ground. (Lobo v. Holder, 7/6/12)
USCIS Fact Sheet on Deferred Action
USCIS fact sheet reminding people that they are not currently accepting applications for deferred action and that USCIS is developing a process for qualified young people to request deferred action. They will implement the process within 60 days of June 15, 2012.
CA9 on the Material Support Bar and Administrative Waiver Process
The court held that the material support bar does not include an implied exception for legitimate political violence or support under duress, and noted it deferred to the administrative waiver process supplied by Congress. (Annachamy v. Holder, 7/3/12)