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
CA4 Upholds BIA’s Interpretation that CSPA Does Not Apply to HRIFA Applicants
The court defers to BIA where the Child Status Protection Act (CSPA) is silent as to whether it applies to HRIFA applicants. The BIA determined that CSPA age-out provisions do not apply to HRIFA applicants. (Midi v. Holder, 5/12/09).
BIA Finds IJ Failed to Adhere to Role of Impartiality
In an unpublished decision, the BIA vacates and remands for a new asylum hearing before a different immigration judge after applicant challenged the fairness of the underlying hearing and BIA found IJ did not behave in a professional and impartial manner. Courtesy of Aleksander Milch.
Postville, One Year Later
Today marks the one year anniversary of the ICE raid at the Agriprocessors meat packing facility in Postville, Iowa. The raid, which was the largest worksite enforcement raid in U.S. history, resulted in the conviction and deportation of more than 300 undocumented immigrants, mostly uneducated Guate
CA2 Finds Jurisdiction to Review Hardship Determination Due to Error of Law
The court remanded for evaluation of whether Petitioner established hardship to his U.S. citizen children for purposes of cancellation of removal where the record was mischaracterized to an extent amounting to an error of law. (Mendez v. Holder, 5/8/09)
BIA Finds Appellant Did Not Automatically Derive Citizenship from U.S. Citizen Stepfather
The BIA held that an alien cannot demonstrate derivative citizenship under INA § 320(a) through a nonadoptive stepparent and the terms "child" and "parent" in the INA do not encompass stepchildren and stepparents. Matter of Guzman-Gomez, 24 I&N Dec. 824 (BIA 2009)
Postville Gives Attorney General Holder An Opportunity To Do Justice
By AILA Board of Governors member Leslie Holman Yesterday Attorney General Eric Holder, Jr. told 11 new U.S. Prosecutors: “Your job as assistant U.S. attorneys is not to convict people,“ Holder said. “Your job is not to win cases. Your job is to do justice. Your job is in every case, every dec
White House Summary of Immigration-Related Funding in the FY2010 Budget
Summary prepared by the White House of proposed changes in immigration-related funding in the President’s recently released FY2010 budget.
ICE and Ankle Bracelets–Better Than No Detention at All?
ICE DRO (Detention and Removal Officers) were trolling the Immigration Courtrooms this week in Atlanta looking for respondents who were appearing for their hearings, but whom had previously not been detained by ICE, and thus had no bond or restraints on their liberty. You ask, what would ICE be doin
AILA Liaison/NSC Meeting Minutes (5/7/09)
The 5/7/09 meeting minutes address I-140s, I-290B Processing, Labor Certifications, ability to pay, I-485s, RFEs, Portability, EAD for EOIR cases, Refugee and Asylee adjustment denials, I-90s, NSC/TSC relationship, misdirected mail, and more.
DHS Proposes to Amend System of Records to Share Detainee Information
DHS proposes to amend the DHS/ICE-011 Removable Alien Records System to add two routine uses, which would allow ICE to share information about individuals in detention with entities that seek to provide legal educational and orientation programs. (74 FR 20719, 5/5/09)
BIA Holds Conviction is Final Despite Pending Appeal in State Court
The BIA held that a pending late-reinstated appeal does not undermine the finality of respondent's conviction as a valid predicate for removability. Matter of Cardenas Abreu, 24 I&N Dec. 795 (BIA 2009)
Supreme Court Holds Aggravated Identity Theft Statute Requires Knowledge that Identification Used or Transferred Belongs to Another Person
In a unanimous decision on May 4, 2009, The Supreme Court reversed lower courts and held that a conviction of Aggravated Identity Theft requires that an individual know that the means of identification used or transferred belongs to another person. (Flores-Figueroa v. United States, 5/4/09)
Immigration Law Advisor, April 2009 (Vol. 3, No. 4)
Immigration Law Advisor, a legal publication from EOIR, with an article on incompetent respondents in removal proceedings, federal court activity for March 2009, an article on rules of evidence in immigration court, recent BIA precedent decisions, and a regulatory update.
If Your Law Practice Includes Immigration At All, You Should Be There
How do I: 1. Find out what to do when USCIS says NVC has the file, and NVC says it doesn't? 2. Get a step-by-step rundown of how to fill out a Form I-129 and document it? 3. Find the hidden time bombs in an affidavit of support? 4. Obtain the low-down on what to […]
The New Immigration Judges–Wherefrom Art Thou?
A guest post today for AILA Board of Governor Member Amy Peck: The EOIR swore in 10 new Immigration Judges this week. The April 24, 2009 EOIR announcement states that the judges were appointed by the Attorney General after completing a rigorous application, evaluation, and interview process. Under t
Supreme Court to Consider Whether Discretionary Decision Bar Precludes Courts from Reviewing a MTR
The Supreme Court will hear a case addressing the scope of INA § 242(a)(2)(B)(ii), the bar to judicial review of discretionary decisions, and whether this section bars federal courts from reviewing motions to reopen. (Kucana v. Holder)
Accused Nazi Death Camp Guard Demjanjuk Too Frail to Be Deported Or Fraud?
On April 14, 2009 government agents executed a final order of deportation against accused Nazi Death Camp Guard John Demjanjuk of Seven Hills, Ohio. Demjanjuk taken out of his home in a wheel chair screaming in pain with his head rolled back. [youtube=http://www.youtube.com/watch?v=yo7VJKNU4I0] Hour
Family Values
I guess it's not enough to exclusively blame undocumented workers for our dysfunctional immigration system. Apparently, we need to take their kids too. The New York Times reports this morning that undocumented immigrants are losing not only their freedom, but their children, who are taken away and g
Supreme Court Holds that Traditional Stay Factors Govern Authority to Stay Removal
The Supreme Court vacates and remands. Holds that traditional stay factors, not the 8 U. S. C. §1252(f)(2) standard, govern a court of appeals’ authority to stay an alien’s removal pending judicial review. (Nken v. Holder, 4/22/09)
BIA Remands for Consideration of Enumerated Factors in Continuance Request
The BIA addresses factors to be considered in deciding whether a continuance request is warranted. Notes that compliance with an IJ’s case completion goals is not a proper factor in deciding a continuance request. Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009)
CA11 Affirms Denial of Motions to Suppress Evidence of Immigration Status Obtained in Police Custody
The court affirms denial of motions to suppress statements regarding the foreign national’s immigration status made to an ICE agent while in police custody after being arrested on unrelated drug charges, and to suppress documentary evidence. (United States v. Lopez-Garcia, 4/21/09)
New ICE Form I-246, Application for a Stay of Deportation or Removal
ICE has provided AILA Liaison with a new version of the I-246 Application for a Stay of Deportation or Removal (October 2008).
CA9 Finds Possession of Child Pornography is a Crime Involving Moral Turpitude
The court finds that possession of child pornography is a crime involving moral turpitude (CIMT) and that specific intent is not required for a CIMT. Affirms order revoking naturalization for CIMT conviction within 5 years before naturalizing. (United States v. Santacruz, 4/20/09)
CA8 Finds No Abuse of Discretion in Denial of Continuance to Allow for Adjudication of Applications
The court finds IJ did not abuse discretion in denying request for ninth continuance so that USCIS could adjudicate pending I-130 and I-485 because the petitioner failed to raise the issue in her appeal to the BIA.(Hanggi v. Holder, 4/20/09)
BIA on Jurisdiction over Adjustments under Cuban Adjustment Act
The BIA vacates and remands, holding that IJs no longer have jurisdiction in removal proceedings to consider adjustment of status applications filed by arriving aliens who are seeking benefits under the Cuban Adjustment Act. Matter of Martinez-Montalvo, 24 I&N Dec. 778 (BIA 2009)