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
USCIS Revises Guidance on the Referral of Cases and Issuance of NTAs in Cases Involving Inadmissible and Removable Individuals
USCIS 11/7/11 policy memo establishing new guidelines regarding the circumstances under which USCIS will issue an NTA, or refer a case to ICE for NTA issuance, in order to effectively handle cases involving public safety threats, criminals, and individuals engaged in fraud.
DHS Publishes Enforcement Integrated Database PIA Update
DHS Privacy Impact Assessment (PIA) update for EID, addressing changes to the information electronically shared with Mexico for Mexican nationals who are being repatriated from the U.S. and who have been convicted of certain felonies, including date of birth rather than age.
Subpoena from House Subcommittee to Secretary Napolitano for ICE Records
A 11/4/11 subpoena from House Judiciary’s Subcommittee on Immigration Policy and Enforcement to DHS Secretary Napolitano requiring documents identifying individuals arrested by ICE but not subsequently detained or placed into removal proceedings.
AILA/EOIR Liaison Meeting Q&As (11/03/11)
Official questions and answers from an AILA EOIR Liaison Committee meeting with the EOIR on 11/03/11. Topics include pending regulations, mental incompetency procedures, asylum EAD clock, prosecutorial discretion, courtroom laptops, remanded visa petition matters, and more.
ICE Announces Guilty Plea in Federal Court Following Worksite Investigation
ICE news release announcing a plea agreement after the head of an AZ drywall company admitted to conspiring to harbor undocumented individuals for profit and hiring unauthorized workers. The company also pleaded guilty to unlawful employment of undocumented workers.
Letter from Senators Urging Action Against Cook County’s Immigration Detainers Ordinances
A 11/2/11 letter from Senator Grassley and three Senators to DHS Secretary Napolitano urging action against a Cook County, IL ordinance allowing for release of undocumented immigrants when a federal detainer requests detention.
EOIR Memo on Asylum Clock Policies and Procedures
EOIR memorandum OPPM 11-02 from Chief Immigration Judge Brian O’Leary to immigration court judges and staff with operating policies and procedures on the asylum clock. This memo was superseded by OPPM 13-02.
CA9 Says SIJ Parole Is an Admission “In Any Status” for Cancellation Purposes
The court found that Petitioner’s 1992 parole as a Special Immigrant Juvenile under INA §245(h) qualified as an admission “in any status” for purposes of cancellation of removal under INA §240A(a). (Garcia v. Holder, 11/2/11)
CA1 Rejects Padilla-Based Challenge in Motion to Reopen
The court upheld the BIA’s denial of Petitioner’s motion to reopen where his request to excuse the untimely filing rested on Padilla v. Kentucky, but he made no effort to mount a state court challenge to his conviction. (Matos-Santana v. Holder, 11/2/11)
VOICE: November/December 2011
The November/December issue of VOICE is ready for viewing! Learn about a little-known relationship between assisted reproductive technology and citizenship, as well as features on private bills, avoiding scams, AILA Secretary Bill Stock’s top 10 practice resources, and more!
DOJ OIL October 2011 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) October 2011 Litigation Bulletin addresses the Eleventh Circuit’s rejection of Silva-Trevino, BIA standards of review, and U visas, and includes summaries of recent federal court decisions, issue updates, and more.
Immigration Law Advisor, October 2011 (Vol. 5, No. 9)
Immigration Law Advisor with an article on asylum for children of victims of coercive population control policies, a tribute to Board Member Lauri Filppu, circuit court decisions for September 2011, update on Silva-Trevino, recent BIA precedent decisions, and a regulatory update.
Mexican National Passes Away While in ICE Custody
ICE press release announcing that Pablo Gracida-Conte, a Mexican man who was being detained at the Eloy Detention Facility, passed away at the Univ. of AZ Medical Center where he was taken for medical stabilization after complaining of shortness of breath and dizziness.
EOIR Proposed Rule on Forwarding of Asylum Applications to DOS
DOJ EOIR notice and 60-day comment period on a proposed rule that would amend its current regulations to provide for the sending of asylum applications to DOS on a discretionary basis. Comments are due by 12/30/11. (76 FR 67099, 10/31/11)
CA8 Rejects Fourth Amendment Argument, Finds No “Egregious” Violation
The court found that where local officers entered a restaurant without a warrant after acting on a tip that a liquor ordinance was being violated, there was no egregious Fourth Amendment violation warranting suppression. (Garcia-Torres v. Holder, 10/28/11)
CA4 Says Physical Presence at the Border Is Not a Necessary Condition for Smuggling
The court upheld the IJ’s finding that Petitioners lacked good moral character for purposes of NACARA where they violated INA §212(a)(6)(E) by sending money to their children to assist them in entering the U.S. illegally. (Ramos v. Holder, 10/27/11)
USCIS Response to the CIS Ombudsman Recommendation on Deferred Action Processing
A 10/27/11 memorandum from USCIS Director Alejandro Mayorkas to CIS Ombudsman January Contreras, responding to the Ombudsman’s recommendations for improving transparency and consistency in the agency’s processing of deferred action requests.
CA3 on the Meaning of “Has Committed” under the Stop-Time Rule
The court found that “has committed” in INA §240A(d)(1)(B) means the stop-time rule is triggered by conduct occurring on a particular date, or conduct that runs up to the date when the seventh year of residency ends. (Santos-Reyes v. Att’y Gen. of the U.S., 10/26/11)
CA11 Says 5-Year Limitation under INA §246 Does Not Apply to Removal Proceedings
The court found that INA §246, limiting rescission of an erroneously granted adjustment of status to the five year period after adjustment is granted, applies only to rescission and not to the initiation of removal proceedings. (Alhuay v. U.S. Att’y Gen., 10/26/11)
DHS Secretary Testimony before House on DHS Programs of Interest
DHS Secretary Napolitano’s 10/26/11 testimony before the House Judiciary Committee, including updates on worksite enforcement, E-Verify, Secure Communities, prosecutorial discretion, border security, and human trafficking and human smuggling investigations.
CA9 Affirms Dismissal of District Court Action in Reinstatement Case
The court upheld the finding that Duran Gonzales II applies retroactively and that Plaintiffs are ineligible for I-212 waivers, and affirmed the denial of Plaintiff’s motion to amend the class and file an amended complaint. (Duran Gonzales v. DHS, 10/25/11)
CA7 Finds Counsel Erred in Conceding to JRAD’s Invalidity
The court found that the JRAD was valid because although it was entered outside the 30-day post-sentencing window, the judge timely announced her intent to consider a JRAD and continued the case for that purpose. (Solis-Chavez v. Holder, 10/25/11)
CA1 Upholds Denial of Roma Asylum Claim Based on Inconsistent Testimony
The court found although the mistreatment described by Petitioner was plausible, and the tensions in his testimony could be resolved either way, the IJ’s unwillingness to accept the key testimony had some basis in the record. (Stanciu v. Holder, 10/25/11)
AILA/USCIS Field Operations Liaison Q&As (10/25/11)
Official minutes of the 10/25/11, AILA liaison meeting with USCIS Field Operations. Topics include AOS for IRs under VWP, I-551 stamps, I-751s, I-829s, biometrics and fingerprinting, removal proceedings, I-131s, MTRs, 204(l), AR-11s, I-601s, and more.
CA9 Dismisses Petition; Discusses Exhaustion of Administrative Remedies
The court found that Petitioner did not exhaust his administrative remedies in challenging the IJ’s ruling that he committed a particularly serious crime where his arguments to the BIA centered on whether he had a well-founded fear. (Ardsi v. Holder, 10/24/11)