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 Death of Panamanian National in ICE Custody
ICE press release announcing that a Panamanian national in ICE custody passed away at the Krome Service Processing Center in Miami after complaining of chest pains. He was in ICE custody since 12/3/10, and the third immigrant to pass away in ICE custody in fiscal year 2011.
CA8 on “Egregious” Fourth Amendment Violations under Lopez-Mendoza
The court refused to suppress evidence of Petitioner’s alienage, finding no egregious 4th Amendment violation where no allegations of misconduct were asserted beyond a claim of a lack of probable cause at the time of his arrest. (Puc-Ruiz v. Holder, 12/23/10)
AILA Files Second Amicus Brief in Ninth Circuit Case, Nunez-Reyes v. Holder
A second AILA amicus brief filed jointly with the National Immigration Project following the oral argument in Nunez-Reyes v. Holder, an en banc Ninth Circuit case involving the government's challenge to Lujan-Armendariz v. INS.
Practice Alert: Handling Family-Based Retrogression Cases before EOIR
AILA Liaison offers strategies for filing and handling adjustment of status cases in removal proceedings in light of the significant retrogression of priority dates in the family-based categories as published in the January 2011 Visa Bulletin.
ICE Announces the Arrest of 95 Individuals throughout Florida
ICE press release announcing the arrest of 93 foreign nationals with criminal records and two others during a five-day enforcement operation in Florida. All 95 are in ICE custody on administrative immigration violations and pending removal.
AILA/ICE Liaison Meeting Minutes (10/5/10)
Minutes from the AILA/ICE Liaison Committee meeting on 10/5/10, address: prosecutorial discretion, Enforcement and Removal Operations (ERO), mandatory detention, contract facilities, detainee transfers, and bond.
ICE Secure Communities Statistics for November 2010
ICE Secure Communities Monthly IDENT/IAFIS Interoperability statistics through 11/30/10 released on the ICE FOIA electronic reading room.
CA5 Remands CAT Claim for Reconsideration under “Willful Blindness” Standard
The court found that the BIA applied an incorrect legal standard in its consideration of Petitioner’s CAT claim and remanded for reconsideration under the “actual knowledge” or “willful blindness” standard. (Hakim v. Holder, 12/13/10)
ICE Resuming Removal of Certain Haitians
In a 12/8/10, teleconference with the Haitian advocacy community in South Florida, DHS and DOS announced that ICE is resuming removals of Haitians who have been convicted of serious crimes and against whom final orders have been entered.
Privacy Impact Assessment on the ICE Electronic Discovery Software System
DHS Privacy Impact Assessment (PIA) on the ICE Electronic Discovery Software System (EDSS) which supports the collection and organization of documents to meet litigation discovery requirements. ICE may also use the EDSS to process agency records in response to FOIA requests.
ICE Announces Brazilian Man Sentenced in $55 Million Visa Fraud Scheme
ICE press release announcing that Eduardo Dozzi Barbugli was sentenced to 20 months in federal prison and a money judgment of $55 million for his involvement in a visa fraud conspiracy. Barbugli will be subject to removal after he serves his sentence.
CA6 on Establishing Lack of Notice for Rescinding an In Absentia Order
For purposes of rescinding an in absentia order under former INA §242B, the alien must not only establish lack of actual notice, but also that the lack of notice was due to a reason other than failure to provide a current address. (Sanchez v. Holder, 12/6/10)
How to File a Complaint with the DHS Office for Civil Rights and Civil Liberties
The AILA CRCL Liaison Committee urges members to file complaints with CRCL in cases involving alleged abuses of civil rights, civil liberties, or profiling on the basis of race, ethnicity, or religion by DHS employees.
CA7 Orders Return of Plaintiff to the U.S. Following Advance Parole Revocation
The court held that 8 CFR §212.5(e)(2)(i) entitled the plaintiff, upon revocation of his advance parole, to the restoration of his pre-parole status of an adjustment of status applicant. (Samirah v. Holder, 12/3/10)
CA9 Finds Past Persecution and Well-Founded Fear in Mongolian Asylum Claim
Over dissent, the court found that the cumulative effect of multiple confrontations and threats by the Communist Secret Police in Mongolia, which caused Petitioner mental anguish and physical paralysis, constituted past persecution. (Javhlan v. Holder, 12/3/10)
Memorandum of Points and Authorities in Support of Habeas Petition
Sample memorandum of points and authorities in support of petition for writ of habeas corpus and request for release from detention. (December 2010) (Complaint, Amendment, Other Briefing)
Final Report on the New York Immigrant Representation Program
Final report on the New York Immigrant Representation Program pursuant to LOP Task Order 32, Section D, compiled and analyzed by the Vera Institute of Justice.
VOICE: December 2010
The December issue of VOICE: An Immigration Dialogue features articles on Padilla, the new naturalization certificate and IJs, Kurzban’s haiku contest—and more! Also, meet the first Face of AILA and learn all about a new member benefit!
DOJ OIL November 2010 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) November 2010 Litigation Bulletin covers a CA9 finding that individuals in removal proceedings have a statutory right to access their A-File, exhaustion of administrative remedies under the INA, updates on pending cases, and more.
DOJ Directive on Use and Monitoring of DOJ Computers and Computer Systems
DOJ issued Order 2740.1A, Use and Monitoring of DOJ Computers and Computer Systems. This directive was amended by Policy Memorandum #2018-02 on 9/11/18.
CA7 Remands for CIMT Determination under Silva-Trevino
The court remanded to determine whether failure to register as a sex offender in violation of Wisconsin Statute §301.45(2)(a) is a crime involving moral turpitude under the analysis set forth in Matter of Silva-Trevino. (Mata-Guerrero v. Holder, 11/24/10)
BIA Finds TPS Grant Does Not Terminate Removal Proceedings
The BIA reinstated proceedings, finding that respondent was protected from execution of a removal order during the time her TPS was valid, but she remained removable based on the charge of inadmissibility in the NTA. Matter of Sosa Ventura 25 I&N Dec. 391 (BIA 2010)
CA7 Remands Cancellation Claim for Further Hardship Analysis
The court remanded where the IJ and BIA assumed that the father of Petitioner’s children would remain a source of the children’s support in the event of Petitioner’s deportation, and ignored the possibility of the father’s deportation. (Champion v. Holder, 11/22/10)
SSA POMS List of Documents Establishing Lawful Status
SSA’s RM 10211.530 provides a chart of the documents that establish lawful status for the purpose of obtaining a SSN card.
Government Brief in Opposition Confirms USCIS Discretion to Adjust VWP Overstays
The Solicitor General's Brief in Opposition to Certiorari in Bradley v. Holder confirms that notwithstanding Bradley and similar cases, USCIS has discretion to adjust the status of immediate relative VWP overstays no matter when the I-485 is filed.