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
BIA on Family Violence Battery Conviction
In an unpublished decision, the BIA remanded, finding respondent's family violence battery conviction is not aggravated felony crime of violence because term of imprisonment of at least one year was not imposed. Courtesy of Mark Newman.
CA7 Finds Repeal of INA §212(c) Not Impermissibly Retroactive
CA7 denied petition, finding petitioner deportable due to his conviction of counterfeiting over two decades ago and holding that repeal of INA § 212(c) is not impermissibly retroactive. (Canto v. Holder, 1/28/10)
CA9 on Burden to Show Conviction of a Disqualifying Controlled Substance Offense
CA9 granted in part and remanded for further proceedings consistent with Sandoval-Lua to permit government to put forth reliable evidence to show petitioner was convicted of disqualifying controlled substance offense. (Esquivel-Garcia v. Holder, 1/28/10)
USCIS Fraud Referral Sheet
USCIS Fraud Referral Sheet which was submitted into evidence by ICE during removal proceedings.
CA9 Finds Material Witnesses for Government Do Not Constitute Protected Social Group
The court denied application for asylum, withholding of removal and relief under CAT, finding that material witnesses for the government do not constitute a protected social group (Velasco-Cervantes v. Holder, 1/27/10)
ORR State Letter on "Cuban and Haitian Entrants" Eligibility for ORR-Funded Benefits and Services
ORR issued a state letter that reviews the definition of "Cuban and Haitian entrant" as it applies to Haitian nationals and clarifies the acceptable documentation these individuals may present when they apply for ORR-funded benefits and services.
Fact Sheet on EOIR’s Legal Orientation and Pro Bono Program
On 1/27/10, EOIR issued a fact sheet on its Legal Orientation and Pro Bono Program, which includes four initiatives: the Legal Orientation Program (LOP), the BIA Pro Bono Project, the Unaccompanied Alien Children Initiative and the Model Hearing Program.
Matter of Neto
AILA Amicus Committee alert on Matter of Neto, where the Board held that Immigration Judges and the Board have jurisdiction to determine whether a job is “portable” under INA 204(j).
Sign-On Letter Urging ICE to Take Immediate Steps in Response to Detainee Deaths
AILA and AIC joined other organizations in a letter to ICE Assistant Secretary Mr. John Morton on ICE’s response to detainee deaths that urges and provides short-term recommendations for immediate concrete steps to bring greater accountability.
BIA Reaffirms Matter of Briones on Ineligibility for §245(i) Adjustment of Status
The BIA held that an alien who is inadmissible under INA §212(a)(9)(C)(i), is ineligible for adjustment of status under INA §245(i). Matter of Briones, 24 I&N Dec. 355 (BIA 2007) reaffirmed. Matter Diaz and Lopez, 25 I&N Dec. 188 (BIA 2010)
BIA on Stepparent Qualification as “Parent” to Establish Hardship under INA §240A(b)(1)(D)
The BIA held that a stepparent who qualifies as a “parent” under INA §101(b)(2), at time of proceedings is a qualifying relative for purposes of establishing exceptional and extremely unusual hardship for cancellation of removal under INA. Matter of Morales, 25 I&N Dec. 186 (BIA 2010)
Matter of T-, Oral Argument at BIA
AILA Amicus Committee alert on oral arguments in Matter of T-, a case in which AILA appeared as amicus along with the American Immigration Council and the Northwest Immigrant Rights Project.
CA4 Finds IJ Committed Substantial Legal Error in Rejecting Certain Corroborating Evidence of Asylum Applicant
CA4 granted petition for review, vacated BIA decision, and remanded asylum case, finding that IJ committed substantial legal error in rejecting certain of petitioner’s corroborating evidence (Marynenka v. Holder, 1/25/10).
CA4 Finds District Court Lacks Jurisdiction to Consider Denial of Adjustment of Status
CA4 held that the district court lacked jurisdiction to entertain petitioner’s challenge to USCIS District Director’s eligibility determination and denial of adjustment of status. (Lee v. United States Citizenship and Immigration Services, 1/25/10).
CA6 Finds Convictions under 18 U.S.C. § 371 and 1001 Constitute Aggravated Felonies
CA6 held that petitioner's convictions under 18 U.S.C. § 371 and 1001 for making and conspiracy to make, false statements to a U.S. agency constituted aggravated felonies, rendering him ineligible for cancellation of removal. (Kellerman v. Holder (1/25/10).
BIA Finds Death of Petitioning Spouse in Conditional Period Excuses I-751 Joint Filing Requirement
The BIA held that a conditional permanent resident seeking to remove conditional basis of status, who timely filed and appeared for interview, doesn’t need separate hardship waiver if petitioning spouse died in the two-year conditional period. Matter of Rose, 25 I&N Dec. 181 (BIA 2010)
AILA and AIC Amicus Brief Addresses Supreme Court Brand X Decision
AILA, AIC, and Northwest Immigrants Rights Project, submitted an amicus brief in the Supreme Court case In Re Tan, arguing that the BIA must follow 9th Circuit law because the “disfavored group” analysis is mandated by the plain, unambiguous language of the statute.
ICE Releases List of Deaths in Detention
As a result of a FOIA request, ICE recently released a list of non-citizens that have died in immigration detention.
If You’re Not Outraged By ICE Detention Policies, You’re Not Paying Attention
Buried in the local news section of the New York Times on Wednesday was yet another disturbing report about the treatment of immigrant detainees by US Immigration and Customs Enforcement. http://bit.ly/5df4fp. Detainees at the Varick Street Detention Center in Lower Manhattan reportedly went on a hu
U.S. Sentencing Commission Publishes Amendments to Sentencing Guidelines
The United States Sentencing Commission published proposed amendments to sentencing guidelines that would affect aliens convicted of re-entry violations. Comments are due 03/22/10. (75 FR 3525, 01/21/10)
BIA Vacates Matter of Perez-Vargas; Finds IJs Have Jurisdiction Over §204(j) Portability Decisions
The BIA held that IJs can decide if an I-140 petition remains valid under INA §204(j) after the beneficiary changes jobs or employers. BIA adopted arguments of AIC, argued in an amicus brief signed by AILA, and the parties. Matter of Neto, 25 I&N Dec. 129 (BIA 2010)
CA7 Finds VWP Waiver of Due Process Rights Must be Knowing and Voluntary
CA7 held that alien’s waiver through Visa Waiver Program of due process rights to which he or she would otherwise be entitled must be knowing and voluntary. The court denied petition, finding petitioner could not demonstrate prejudice (Bayo v. Napolitano, 1/20/10)
CA9 Holds Physical Removal of Petitioner by U.S. Does Not Preclude Motion to Reopen
CA9 granted petition, finding that BIA cannot deem a motion to reopen or reissue withdrawn by operation of law when the government removes a petitioner before the BIA has ruled on the motion. (Coyt v. Holder, 1/20/10)
CA9 Finds Cal. Penal Code §246 Is Not Categorically a Crime of Violence
The court held that shooting at an inhabited dwelling or vehicle in violation of Cal. Penal Code §246 is not categorically a crime of violence as defined under 18 USC §16(b). (Covarrubias Teposte v. Holder, amended 1/20/11)
Supreme Court Holds that Courts Have Jurisdiction to Review Motions to Reopen
The Court ruled that individuals who seek to reopen their deportation orders have the right to appeal to the federal courts if the immigration court refuses to hear the appeal. (Kucana v. Holder, 1/20/10)