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
ICE Memo on Enforcement Actions At or Focused on Sensitive Locations
ICE policy memo 10029.2 dated 10/24/11 on ICE policies regarding certain enforcement actions by ICE officers and agents at or focused on sensitive locations such as schools and churches.
BIA Reverses Adverse Credibility in Sexual Orientation Withholding/CAT Claim from Mexico
The BIA reversed the IJ’s adverse credibility finding, holding that the respondent’s mistreatment constitutes past persecution on account of a protected ground, and sustained the appeal for withholding of removal and CAT. Courtesy of Edgardo Quintanilla.
CRCL October 2011 Newsletter
The DHS Office of Civil Rights and Civil Liberties (CRCL) October 2011 newsletter includes a guest message about the Blue Campaign, information and a reflection about the expansion of CRCL community engagements in 2011, the release of its 2010 annual report, and more.
CRS Report on Interior Immigration Enforcement
A 10/21/11 Congressional Research Service (CRS) report on DHS's interior immigration enforcement, including the Criminal Alien Program, Secure Communities, the 287(g) program, and the National Fugitive Operations Program.
CA3 Remands for BIA to Consider Change in Power in Guinea
Declining to take judicial notice of the change in power in Guinea, the court remanded the case to the BIA to consider the possible effect of the change in government on Petitioner’s claims for relief. (Nbaye v. Att’y Gen. of the U.S., 10/20/11)
DHS Presentation on Improving Docket Efficiency and the Roles of USCIS, ICE, and EOIR
A DHS PowerPoint presentation covering issues related to EOIR docket efficiency, and attempts to resolve the problems of high-volume caseloads through inter-agency partnerships. Presented at the 2011 CIS Ombudsman’s First Annual Conference.
PowerPoint Presentations from Ombudsman’s Office First Annual Conference
PowerPoint presentations from the 10/20/11 First Annual Conference of the Ombudsman's Office. Invitation and agenda are also included.
Challenges and Practice Tips on Waivers of Inadmissibility
A PowerPoint presentation describing current standards and processes for the adjudication of waivers of inadmissibility, including the legal requirements, as well as challenges and tips for practitioners. Presented at the 2011 CIS Ombudsman’s First Annual Conference.
DHS Secretary Testimony Before Senate on DHS Mission and Programs
DHS Secretary Napolitano’s 10/19/11 testimony before the Senate Judiciary Committee, including updates on anti-terrorism efforts, Secure Communities, prosecutorial discretion, worksite enforcement, E-Verify, border security, and visa overstay identification.
BIA on Burden of Proof and Returning LPRs
The BIA held that to establish that a returning LPR is to be treated as an applicant for admission, the government has the burden of proving by clear and convincing evidence that a §101(a)(13)(C) exceptions applies. Matter of Rivens, 25 I&N Dec. 623 (BIA 2011)
AILA Files Amicus Brief in Domestic Violence/Social Group Asylum Case
AILA amicus brief arguing that domestic violence may be persecution perpetrated because of a woman's gender, an immutable characteristic that can define a particular social group. Amicus urges the Board to issue a decision recognizing a PSG defined based on gender per se.
AAO Sustains I-601 Appeal for Chinese Spouse of USC
AAO concluded that the cumulative effect of the emotional, psychological, medical, and financial hardships that the applicant’s USC husband would suffer without his wife in the U.S. rose to the level of extreme. Courtesy of Alan Lee.
ICE Deportations Show Need to Better Implement Priorities
The announcement from ICE indicating FY2011 deportation statistics underscores the need for prosecutorial discretion to be utilized on a wider scale. AILA President Eleanor Pelta issues her comments.
ICE Releases Year-End FY2011 Removal Numbers
ICE news release announcing that in FY2011, the agency removed 396,906 individuals. Of the total, nearly 55 percent of those removed were convicted of felonies or misdemeanors. According to the announcement, 90 percent of all ICE’s removals fell into a priority category.
CA10 on “Illegal Re-entry” for Purposes of Reinstatement of Removal
The court held that where Petitioner was waived through at the border one month after her removal from the U.S., she “re-enter[ed] the United States illegally” for purposes of reinstatement of removal under INA §241(a)(5). (Cordova-Soto v. Holder, 10/17/11)
Frontline Presents Lost in Detention on PBS
Frontline’s presentation of Lost in Detention, an investigative report that examines controversial aspects of the Obama administration’s enforcement policies, and explores the world of immigration detention, which aired on 10/18/11, on PBS.
BIA Remands Mali FGM Asylum Claim
The BIA found exceptional circumstances to permit respondent’s late-filed asylum application, reversed the IJ’s finding that DHS rebutted the well-founded fear presumption, and found that the IJ failed to follow Matter of A-T-. Courtesy of Geoffrey A. Hoffman.
District Court Says USCIS Must Act on FOIA Requests in 20 Days, Absent Unusual Circumstances
The court granted partial summary judgment, ordering USCIS to respond to A file requests in 20 days absent unusual circumstances, and that Track 3 violates a 1992 settlement agreement and was promulgated in violation of the APA and FOIA. (Hajro v. USCIS, 10/13/11)
CA8 Finds BIA Disregarded St. Cyr, Directs AG to Exercise §212(c) Discretion
The court held that the BIA erred in declaring it was free to apply the statutory counterpart rule as it evolved post-212(c) repeal, rather than analyzing retroactive effect in light of the legal landscape at the time of 212(c)’s repeal. (Lovan v. Holder, 10/13/11)
BIA Deems NY Third-Degree Attempted Arson an Aggravated Felony
The BIA held that third degree attempted arson in violation of NY Pen. Law §§110 and 150.10 is an aggravated felony under INA §101(a)(43)(E)(i), even though it lacks the jurisdictional element in the federal offense. Matter of Bautista, 25 I&N Dec. 616 (BIA 2011)
CA11 Rejects Silva-Trevino Analysis for Determining CIMTs
The court held that the BIA and the IJ erred in considering evidence beyond the record of conviction to determine that Petitioner’s conviction for false imprisonment under Florida law was a crime involving moral turpitude. (Fajardo v. U.S. Att’y Gen., 10/12/11)
BIA Remands After Finding Respondent May Be Eligible to Pursue Adjustment of Status
The BIA vacated earlier decisions and remanded after finding that if the respondent is able to establish that the abuser is the citizen who petitioned for his K-1 visa, he may be eligible to pursue adjustment of status. Courtesy of Barry Frager. (Matter of Redacted, 10/12/11)
CA9 on Impact of Weekends and Holidays on Voluntary Departure (Updated 1/23/2012)
The court held that where voluntary departure expires on a weekend or holiday, and a motion that would affect voluntary departure is filed the next business day, voluntary departure expires on the next business day. (Meza-Vallejos v. Holder, 10/11/11; amended 1/20/12)
ICE Announces the Passing of a Detained El Salvadoran National
ICE news release announcing that Mauro Antonio Rivera-Romero, an El Salvadoran man who was being held at the El Paso Processing Center pending removal proceedings, passed away after going into cardiac arrest. He is the second individual to pass away in ICE custody in FY2012.
CA8 Finds No Due Diligence or Prejudice in Ineffective Assistance Claim
The court upheld the denial of Petitioner’s MTR for adjustment where she filed the motion 3 years after discovering counsel’s ineffectiveness, and noted that there was no prejudice because she was not previously eligible for adjustment. (Valencia v. Holder, 10/7/11)