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 TSC Practice Alert : ASC Appointment Notices for Certain EOIR-Related Filings
The TSC Liaison Committee alerts practitioners of what to do when an erroneously issued ASC appointment notice was received from TSC regarding an EOIR-related case.
CA6 Discusses Burden of Proving Petitioners Married Prior to Entry
CA6 reversed the BIA judgment with respect to its ruling that the government met its burden of proving petitioners were married prior to their entry into the U.S. and its finding that petitioner was removable. (Hassan v. Holder, 5/11/10)
ICE Memorandum on Detention of Refugees Who Have Failed to Adjust Status
A 05/10/10 memo from James Chaparro, ICE DRO Director, providing guidance on when and under what circumstances ICE DRO Field Offices may detain refugees admitted under INA §207 who have failed to adjust to lawful permanent resident (LPR) status. Courtesy of Kara Hartzler.
CA8 Upholds Denial of Acquittal on Charge of Conspiracy to Commit Marriage Fraud
CA8 affirmed lower court's denial of a motion for acquittal on conspiracy to commit marriage fraud, finding circumstantial evidence sufficient to justify jury's conclusion that defendant knowingly entered into marriage for purposes of evading immigration laws. (U.S. v. Yang, 5/10/10)
Summary of the Border Security Enforcement Act of 2010 (S. 3332)
AILA summary of the Border Security Enforcement Act of 2010 (S. 3332) introduced on 5/7/10 by Senator John McCain (R-AZ).
CA11 Remands Sexual Assault and Orientation Asylum Case
The court remanded asylum case, finding that BIA did not explain whether the sexual assault that respondent described rose to the level of persecution and instead relied on an alleged finding that the IJ, in fact, never made. (Ayala v. U.S. Attorney General, 5/7/10)
BIA Clarifies How an IJ Should Determine an Asylum Application is Frivolous
The BIA held that when determining a case to be frivolous, the IJ may incorporate any facts made in support of the adverse credibility finding and consider separately the applicant’s explanations on the inconsistencies. Matter of B-Y-, ID 3680, 25 I&N Dec. 236 (BIA 2010)
CA8 Clarifies Holding in Tamenut Regarding Judicial Review of Sua Sponte Motions
CA8 clarified that it is precluded from reviewing sua sponte motions, not because of a lack of jurisdiction, but rather because the court has no meaningful standard against which to judge the agency's unfettered exercise of discretion. (Ochoa v. Holder, 5/5/10)
CA7 Denies Kucana Petition Following Supreme Court Remand
CA7 denied petition, finding the BIA did not abuse its discretion when concluding that the evidence did not show a material adverse change in country conditions between 2002 and 2006. (Kucana v. Holder, 5/4/10)
CA9 Holds BIA Erred in Finding Application Abandoned for Failure to Timely Submit Subsequent Documentation
CA9 held that BIA misinterpreted 8 C.F.R. § 1003.31(c) and erred in holding petitioner’s failure to timely submit subsequent documentation allowed IJ to deem his entire timely filed, statutorily authorized 212(c) application abandoned. (Casares-Castellon v. Holder, 5/4/10)
CA9 Finds Unborn Child Not a Qualifying Relative under Hardship Provision
CA9 upheld BIA decision that unborn child was not a qualifying relative for cancellation of removal purposes, finding that unborn child did not meet statutory definition of a “child” at time of IJ hearing. (Partap v. Holder, 5/4/10)
DHS Comment Request on Proposed Public Online Detainees Database
DHS Privacy Act notice and comment request on the ICE Online Detainee Locator System, a proposed searchable online database to help members of the public locate detainees in ICE custody. Comments are due 06/02/10. (75 FR 23274, 05/03/10)
CA9 Finds IJ Erred in Denying Continuance and Excluding Testimony
CA9 remanded, finding IJ denied petitioner a full and fair hearing by precluding her from testifying to matters in the psychological evaluation of her child and denying a continuance less than one month after counsel’s initial appearance. (Rendon v. Holder, 5/3/10)
CA9 Finds Petitioners Who Received Fraudulent Green Cards in Conspiracy by Former INS Officer Removable
CA9 denied petition in part, holding that government proved removability of petitioners, who belonged to a group of persons who received fraudulent green cards through the criminal conspiracy of a convicted former INS officer. (Kim v. Holder, 5/3/10)
CA7 Grants Petitioner, Finding BIA Interpretation of Rodriguez-Esteban Overly Broad
CA7 granted petition, finding that petitioner’s challenge to the sufficiency of the notice he received before the agency rescinded his permanent resident status was reviewable. (Estrada v. Holder, 5/3/10).
Immigration Law Advisor, April 2010 (Vol. 4, No. 4)
Immigration Law Advisor, a EOIR legal publication, with an article on alternatives to detention and Immigration Judges’ bond jurisdiction, federal court activity for March 2010, and recent BIA precedent decisions.
BIA on § 245(i) Adjustment of Status and Unauthorized Employment Restrictions
The BIA held that an alien otherwise eligible to adjust status under INA § 245(i), is not subject to §§245(c) unauthorized employment restrictions and exception in 245(k) that apply to adjustment of status under §245(a). Matter of Alania, 25 I&N Dec. 231 (BIA 2010)
CA8 Remands, Finding Petitioner Eligible for Asylum Based on Past Persecution
CA8 remanded asylum claim to IJ, finding that that the evidence would compel any reasonable fact-finder to conclude that petitioner suffered past persecution. (Bracic v. Holder, 4/29/10)
CA3 on Adjustment of Status for VWP Entrants
The court held that although petitioner was once statutorily eligible for adjustment of status, he may not, after expiration of his 90-day VWP stay, adjust his status as a defense to removal. (Bradley v. Att'y Gen. of the U.S., 4/29/10)
ICE Issues Secure Communities Fact Sheet
ICE issued a fact sheet on Secure Communities that includes brief information fingerprint checks, allegations of racial profiling, prioritization of Level 1 offenses, and IDENT/IAFIS interoperability.
CA7 on Imputed Political-Opinion and China’s One-Child Policy
CA7 granted petition and remanded, recognizing that an asylum claim alleging persecution for resistance to a coercive population-control program under § 1101(a)(42)(B) may rely in part on a parent’s persecution for resisting that program. (Chen v. Holder, 4/28/10)
CA2 on Lozada and Ineffective Assistance of Counsel
The court upheld the BIA's denial of Petitioner’s motion to reopen based on ineffective assistance of counsel, finding that Petitioner failed to comply with the requirements of Lozada. (Debeatham v. Holder, 4/28/10)
CRS Report: Unauthorized Aliens in the United States
The Congressional Research Service (CRS) issued a report on undocumented immigrants in the U.S. including information on demographics, current law, and policy options.
CA2 Finds Ineffective Assistance of Counsel May Excuse Failure to Exhaust
The court vacated the district court judgment and held that the administrative exhaustion requirement of INA §276(d)(1) can be excused when an alien has received ineffective assistance of counsel. (USA v. Cerna, 4/27/10)
CA9 on the Definition of “Admitted” under § 212(h)
CA9 denied petition, finding that because petitioner was “admitted” as an LPR in the sense of being inspected and authorized at the port of entry, but later convicted, he is barred from § 212(h) relief. (Sum v. Holder, 4/23/10)