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 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.
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)
AILA/AIC Prosecutorial Discretion Survey: Preliminary Results
Preliminary results, as of 9/28/11, of the AILA/AIC survey on ICE implementation of the recently announced prosecutorial discretion initiatives. As of the date of the report, 192 people completed the survey, providing information on 26 out of 28 ICE field offices.
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)
DHS Fact Sheet on Smart, Effective Border Security and Immigration Enforcement
DHS fact sheet on efforts to focus the Department’s limited resources on protecting the nation’s borders and implementing an effective immigration enforcement strategy, which includes prioritizing the identification and removal of public safety and national security threats.
CA8 Upholds Denial of Nigerian Christian Asylum Claim
The court found that Petitioner suffered little physical harm at the hands of Muslim gangs, that his family continued to practice their religion without incident, and that there was no evidence that the government condoned the harassment. (Osuji v. Holder, 10/5/11)
CA6 Elaborates on Jurisdiction to Review Hardship for Cancellation of Removal
Though noting the sympathetic nature of the case, the court found no jurisdiction to review Petitioner’s claim that the IJ failed to consider hardship facts for cancellation of removal and dismissed the petition for review. (Ettienne v. Holder, 10/5/11)
El Salvadoran Man in ICE Custody Passes Away at UVA Medical Center
ICE press release announcing that an El Salvadoran national who was in custody at the Farmville Detention Center while going through removal proceedings passed away as an apparent result of liver failure. This is the first individual to pass away in ICE custody in FY 2012.
House Homeland Security Committee Hearing on Prosecutorial Discretion
Testimony from the 10/4/11 House Homeland Security’s Subcommittee on Border and Maritime Security on entitled "Does Administrative Amnesty Harm our Efforts to Gain and Maintain Operational Control of the Border?"
CA3 Says Rescission Bar Does Not Apply to LPR Status Obtained Through Consulate
The court held that the five-year statute of limitations on rescission of LPR status under INA §246(a) does not apply where Petitioner obtained status through consular processing, not adjustment of status. (Malik v. Att’y Gen. of the U.S., 10/4/11; amended 10/7/11)
DOJ OIL September 2011 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) September 2011 Litigation Bulletin addresses the Supreme Court’s review of whether “admission” applies retroactively, CSPA and derivative beneficiaries, summaries of recent federal court decisions, issue updates, and more.
Immigration Law Advisor, September 2011 (Vol. 5, No. 8)
Immigration Law Advisor, a legal publication from EOIR, with an article on imputation and retroactivity at the Supreme Court, circuit court decisions for August 2011, recent BIA precedent decisions, and a regulatory update.
CA10 Says No IJ Error in Refusing Continuance for FB-4 §245(i) Beneficiary
The court held that although an IJ may continue proceedings pending adjudication of an I-130 with a current priority date, an IJ need not grant an indefinite continuance to await eligibility for adjustment. (Luevano v. Holder, 9/30/11)
CBP Muster on Operation No Refuge
An undated CBP muster informing CBP officers of Operation No Refuge, which involves identifying subjects who may be involved in or are the beneficiaries of illicit narcotics activities, and how to handle related cases. Muster obtained through FOIA 2011F03343 filed by AILA.
CRS Report on Immigration Issues and Legislation in the 112th Congress
A 9/30/11 Congressional Research Service (CRS) report on immigration-related issues that have received legislative action or are of significant interest in the 112th Congress, including border security, E-Verify, detention, diversity visas, and immigrant investors.
Third Circuit Reflects on Unlawful Presence, Chevron, and the Importance of Prosecutorial Discretion
AILA Amicus Committee alert on Cheruku v. Attorney General, which held that the ten-year bar precludes adjustment of status under INA §245(i). The alert focuses on the human consequences of the decision and the potential use of prosecutorial discretion in similar cases.
ICE Apprehends More than 2,900 Convicted Criminals in National Cross Check Operation
ICE press release announcing that 2,901 individuals with prior criminal convictions were taken into custody during a seven-day targeted enforcement, or Cross Check, operation which was carried out across all 50 states and four U.S. territories.
CA2 Says NY Third-Degree Promoting Prostitution Is Not an Aggravated Felony
The court held that a violation of NY Penal Law §§20.00 and 230.25, for promoting prostitution in the third degree, is not an aggravated felony under INA §101(a)(43)(K)(i). (Prus v. Holder, 9/28/11)
Letter from Representatives Urging Consideration of LGBT Family Ties in Discretion Decisions
A 9/27/11 letter from 69 members of Congress to DHS Secretary Napolitano and Attorney General Holder requesting that LBGT family ties be considered in determining cases that merit relief from deportation.
Supreme Court Grants Cert in Three Immigration Cases
On 9/27/11 the Supreme Court granted certiorari in three immigration cases. Two cases involve the imputation of residence and LPR status to minors for cancellation purposes. The third case involves the retroactivity of INA §101(a)(13)(C)(v) as applied to returning residents.
Senators Ask President Obama to Rescind Prosecutorial Discretion Initiatives
A 9/26/11 letter from 19 Senators asking President Obama to rescind the recent directives on prosecutorial discretion, dismantle the working group tasked with reviewing removal cases, and make DHS Secretary Napolitano available for questioning on DHS enforcement policies.
DHS PIA for ICE’s Alien Medical Tracking Systems
DHS Privacy Impact Assessment (PIA) describing the IT systems that are used to track information from medical records for individuals in ICE custody, the data maintained in these medical tracking systems, the purposes for which the data is collected and used, and more.
CA7 Rejects Asylum Claim Based on Fear of Retribution from Co-Defendants
The court rejected Petitioners’ claim that the U.S. must grant them asylum because it placed them in danger by inducing their cooperation in a criminal visa fraud case, noting that the S visa might be more appropriate. (Jonaitiene v. Holder, 9/26/11)
CA9 on Authentication of Foreign Documents
The court found that the IJ erred by refusing to allow Petitioner to authenticate foreign documents through his own testimony, and concluded that he was statutorily eligible for adjustment of status as the unmarried son of a U.S. citizen. (Jiang v. Holder, 9/26/11)
CA9 Finds ELF Is a Terrorist Organization; Grants Deferral under CAT
The court upheld the BIA’s findings that the Eritrean Liberation Front is a Tier III terrorist organization and that Petitioner engaged in terrorist activities, but finding the possibility of torture more likely than not, granted deferral. (Haile v. Holder, 9/26/11)