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 Use of GPS Monitoring Devices on Persons who are Pregnant or Diagnosed with a Severe Medical Condition
ICE memo stating that effective immediately, the Alternatives to Detention (ATD) program is discontinuing the use of RF and GPS ankle bracelets on persons whose medical conditions render the use of these devices inappropriate. This includes verifiably pregnant women.
CA1 Finds No Nexus in Guatemalan Social Group Claim
The court affirmed the denial of asylum, finding no nexus between the alleged persecution and Petitioner’s social group, indigenous women. (Caal-Tiul v. Holder, 9/10/09)
AILA Liaison/TSC Meeting Minutes (9/09/09)
The 9/9/09 meeting minutes address prematurely approved I-485s, responses to inquiries, I-140 transfers, I-824s, EOIR/IJ receipt and biometrics issues, EB-1 evidentiary standards, EADs, derivative family members, receipt date vs. received date, RFEs, and more.
CA1 Says Petitioner Not Subject to One-Year Asylum Deadline
The court remanded, finding that Petitioner was not required to file for asylum within one year of entry due to the fact that the requirement did not exist at the time of his arrival. (Lumataw v. Holder, 9/9/09)
CA5 Finds BIA Incorrectly Applied De Novo Review to Deny Good-Faith Hardship Waiver
The Court reverses the BIA decision to overturn the grant of a good-faith hardship waiver and remands. The Court finds that the BIA incorrectly applied de novo review to conclude that the marriage was not entered into in good faith. (Alvarado De Rodriguez v. Holder, 9/9/09)
CA3 Remands Past Persecution Claim To BIA
The court remanded, holding that the BIA’s denial of Petitioner’s past persecution claim was not supported by substantial evidence, where Petitioner presented evidence that she witnessed a brutal assault on a family member. (Camara v. Att'y Gen. of the U.S., 9/4/09)
CA1 Rejects Social Group Claim of Senegalese Woman
The court held that women who had a child out of wedlock, and are considered adulterers because they gave birth to a child allegedly not their husband’s and have been abused by their husbands is not a protected social group. (Faye v. Holder, 9/2/09)
MPI Report on Immigration Detention
In September 2009, MPI released a report on ICE’s responsibilities for immigration detention facilities.
CA2 Says No Natz Adjudication While While Removal Proceedings are Pending
The court held that INA §318 bars DHS from considering a naturalization application where removal proceedings are pending and that individuals in removal proceedings may not avail themselves of 8 CFR §1239.2(f). (Perriello v. Napolitano, 9/1/09)
CA9 on “Grandfathering” Under INA §245(i)
A derivative spouse is only eligible for §245(i) adjustment if he or she is “accompanying or following to join” the principal alien. Status as a mere registrant for the RAW program does not grandfather petitioner into §245(i). (Landin-Molina v. Holder, 9/1/09)
Immigration Law Advisor, August 2009 (Vol. 3, No. 8)
Immigration Law Advisor, a legal publication from EOIR, with an article on changed circumstances and country conditions for asylum cases, federal court activity for July 2009, an article on the REAL ID act, and a regulatory update.
USCIS Issues Guidance for Surviving Spouses of U.S. Citizens
On 8/31/09 USCIS issued guidance on requesting deferred action for surviving spouses of U.S. citizens who died before the second anniversary of their marriage. FAQs and Fact Sheet follow.
ICE Extends Information Collection on Electronic Bonds Online Access
ICE extension of the information collection on Electronic Bonds Online (eBonds) Access. Related forms are Form I-352SA, Surety eBonds Access Application and Agreement and Form I-352RA, eBonds Rules of Behavior Agreement. Comments are due 9/30/09. (74 FR 44865, 8/31/09)
CA7 Holds Board Abused Discretion by Rejecting Brief as Out of Time
The court held that the Board abused its discretion when it rejected Petitioner’s brief as out of time where Petitioner never received notice of the briefing schedule. (Dakaj v. Holder, 8/31/09)
CA9 Finds UCMJ Article 92 Is Not Categorically an Aggravated Felony
The court held that a violation of Article 92 of the Uniform Code of Military Justice is not categorically an aggravated felony where Petitioner pled guilty to using a government computer to access pornography. (Aguilar-Turcios v. Holder, 9/29/09; withdrawn 8/29/11)
Practice Pointer: How to Inform USCIS When TPS Is Granted by an Immigration Judge
AILA Liaison reminds practitioners to inform USCIS when late-registration Temporary Protected Status (TPS) is granted by an immigration judge in order to apply for a TPS renewal and work authorization document.
CA7 Remands to Board for Failure to Consider Petitioner’s Changed Circumstances Motion To Reopen
The Court held that the Board erred when it failed to consider Petitioner’s argument that her parent’s threat of forced marriage in Pakistan constituted a changed circumstance, allowing a second motion to reopen to be filed out of time. (Joseph v. Holder, 8/27/09)
CA1 Upholds Adverse Credibility Absent Corroborating Evidence
The court denied the petition for review, finding that the immigration judge’s adverse credibility finding was supported by substantial evidence and that Petitioner failed to provide corroborating evidence to clear up inconsistencies. (Zheng v. Holder, 8/27/09)
United States and Mexico Resume Voluntary Humanitarian Interior Repatriation Program
DHS announced that it has resumed the Mexican Interior Repatriation Program (MIRP) for the sixth consecutive summer.
AILF and AILA Urges BIA to Vacate Matter of Perez-Vargas
AILF and AILA amicus brief arguing that Matter of Perez-Vargas, 23 I&N Dec. 829 (BIA 2005) should vacated because it deprives skilled foreign workers in removal proceedings the ability to change jobs under AC21.
VSC Stakeholder Qs & As with Meeting Minutes (8/20/09)
The 8/20/08 joint Stakeholder questions and answers with meeting minutes address H-1B, 3rd party worksites, I-94, J-1, Premium Processing, H-2B, L-1A/L-1B, specialized knowledge, Q-1, F-1, I-765, OPT, U, T, I-601, customer service, G-28, TPS, Consular returns, 212(e) waivers, NVC, I-539, and more.
USCIS Extends Information Collection on Form I-243
USCIS extension of an information collection for Form I-243, Application for Removal. Comments are due 9/21/09. (74 FR 42083, 8/20/09)
CA1 Affirms BIA Denial of Ugandan Asylum Claim
The court affirmed the BIA’s denial of asylum, withholding, and CAT, finding that Petitioner’s evidence was inconsistent, vague and lacked corroboration. (Matovu v. Holder, 8/20/09)
CA7 Remands Asylum Claim: IJ’s Denial of Asylum for FGM Persecution Claim in Error
The court held that immigration judge’s ruling that female genital mutilation was not persecution was not supported by law. (Gatimi v. Holder, 8/20/09)
AILA Amicus Brief Regarding Application of Nijhawan v. Holder
AILA amicus brief arguing that Nijhawan v. Holder overturned the BIA's decision in Matter of Babaisakov regarding the type of evidence/procedures IJs can use when an element of the aggravated felony definition may be proven beyond the record of conviction.