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
DHS Final Rule with Prison Rape Elimination Act (PREA) Regulations
DHS final rule with regulations setting standards to prevent, detect, and respond to sexual abuse and assault in DHS detention centers. Rule is effective 5/6/14. (79 FR 13100, 3/7/14).
CA5 Finds Aiding and Abetting Improper Entry Conviction Renders Petitioner Removable
The court denied the petition for review , concluding that the documents associated with petitioner’s conviction for aiding and abetting improper entry under §274(a) rendered him removable under §237(a)(1)(E)(i). (Santos-Sanchez v. Holder, 3/7/14)
CA8 Denies Petition to Review Cancellation Denial
The court denied the petition to review the cancellation of removal denial for the Nigerian petitioner with a previous sham marriage, finding no errors by the IJ or BIA regarding admission of testimony nor incorrect legal standards. (Zeah v. Holder, 3/6/14)
BIA Criticizes IJ For Denying Motion to Appear Telephonically
Unpublished BIA decision faults IJ for denying motion for telephonic appearance when the charges of removability were not contested and appearing in person required respondent and counsel to incur substantial financial difficulty. Special thanks to IRAC. (Matter of Shitote, 3/6/14)
CA3 Finds BIA Did Not Meaningfully Review New Evidence in Chinese Asylum Case
The court vacated the order denying the motion to reopen and remanded, finding that the BIA’s opinion did not reflect meaningful consideration of much of the evidence the petitioner submitted in support of her motion relating to forced sterilization in China. (Zhu v. Att’y Gen., 3/4/14)
CA3 Finds Immigration Detainers Do Not Compel Local LEAs to Detain Suspected Noncitizens
The court vacated and remanded, concluding that immigration detainers issued pursuant to 8 CFR §287.7 do not compel state or local law enforcement agencies (LEAs) to detain suspected noncitizens subject to removal pending release to immigration officials. (Galarza v. Szalczyk, 3/4/14)
CA7 Remands Asylum Denial for Landowner from Colombia
The court remanded, finding that the petitioner suffered direct persecution on account of being a landowner of means who refused to cooperate with the Revolutionary Armed Forces of Colombia (FARC) when the FARC threatened and kidnapped her father. (N.L.A. v. Holder, 3/3/14)
DOJ OIL March 2014 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for March 2014, with articles on CIMTs and adverse credibility determinations, as well as summaries of circuit court decisions for March 2014 and litigation highlights.
Immigration Judge Complaint Statistics for First Quarter of FY2014
DOJ immigration judge complaint statistics for FY2014 (between 10/1/13 and 12/31/13) during which 24 complaints were received and 16 complaints were closed. Statistics include number of complaints received, resolution of complaints, basis of complaint, and source of complaint.
Immigration Judge Complaint Statistics for FY2013
DOJ immigration judge complaint statistics for FY2013 (between 10/1/12 and 9/30/13) during which 122 complaints were received and 109 complaints were closed. Statistics include number of complaints received, resolution of complaints, basis of complaint, and source of complaint.
Immigration Judge Complaint Statistics for FY2012
DOJ immigration judge complaint statistics for FY2012 (between 10/1/11 and 9/30/12), including number of complaints received, resolution of complaints, basis of complaint, and source of complaint.
Immigration Judge Complaint Statistics for FY2011
DOJ immigration judge complaint statistics for FY2011 (between 10/1/10 and 9/30/11), including number of complaints received, resolution of complaints, basis of complaint, and source of complaint.
Immigration Judge Complaint Statistics for FY2010
DOJ immigration judge complaint statistics for FY2010 (between 10/1/09 and 9/30/10), including number of complaints received, resolution of complaints, basis of complaint, and source of complaint.
The Long-Awaited and Vitally Important PREA Rule is Imminent
We heard today that the long-awaited and vitally important Prison Rape Elimination Act (PREA) final regulations will likely be issued next week by the Department of Homeland Security (DHS). The importance of these regulations cannot be overstated. The PREA Commission found that immigrant detainees a
CA3 Finds NY Attempted Arson Is Not an Aggravated Felony
The court vacated the BIA’s decision and remanded, finding that the absence of the federal jurisdictional element in the New York arson statute exempts it from the INA §101(a)(43)(E)(i) definition of an aggravated felony. (Bautista v. Att’y Gen., 2/28/14)
BIA Administratively Closes Proceedings Against EWI With No Eligibility for Relief
Unpublished BIA decision administratively closes proceedings after DHS agrees to favorable exercise of prosecutorial discretion against respondent who entered without inspection and was not eligible for relief from removal. Special thanks to IRAC. (Matter of Garcia, 2/28/14)
Board on Eligibility for §212(c) Relief In Light of Judulang
The BIA held that, with a few exceptions, an LPR who has accrued 7 consecutive years of lawful unrelinquished domicile is eligible to apply for §212(c) relief if he is removable by virtue of a plea or conviction entered before 4/1/97. Matter of Abdelghany, 26 I&N Dec. 254 (BIA 2014)
Updated Asylum Division Officer Training Course on Credible Fear Determinations
Updated lesson plan on credible fear determinations for the USCIS Asylum Division Officer Training Course.
USCIS Asylum Division Memo Releasing Revised Credible Fear Lesson Plan
USCIS memo releasing a revised credible fear lesson plan for its officer training course. The changes are made in light of an increase in credible fear referrals and include increased emphasis on the requirement for individuals to “demonstrate a substantial and realistic possibility of succeeding.”
DHS Announces Finalization of Prison Rape Elimination Act Standards
DHS press release announcing that the Prison Rape Elimination Act (PREA) regulations to prevent, detect and respond to sexual abuse and assault in DHS confinement facilities have been finalized, meeting a May 2012 Presidential Directive.
AAO Sustains Appeal of I-601 Waiver for Pakistani Petitioner
Unpublished AAO decision sustaining appeal of an I-601 waiver, finding that the applicant’s spouse would suffer extreme hardship and warranted a favorable exercise of discretion, in light of the criminal conviction and fraudulent asylum application. Courtesy of Usman B. Ahmad.
AILA Quicktake #67: Report on 2/26/14 House Hearings
AILA Director of Advocacy Greg Chen reports back on the immigration issues that came up in two House hearings held February 26, 2014.
BIA Vacates and Remands Asylum Denial for Russian Christian from Kazakhstan
The BIA sustained the appeal, vacated and remanded, finding the respondent met his burden to establish that he suffered past persecution in Kazakhstan on account of his Christian religion and Russian nationality. Courtesy of Alexander Segal.
CA6 Declines to Review MTR Denial Based on Prior Finding of Sham Marriage
The court found the BIA did not abuse its discretion in rejecting the motion to reopen (MTR) the removal proceedings, as the petitioner was ineligible for adjustment of status because of one prior finding of a sham marriage under INA §204(c). (Foythong v. Holder, 2/27/14)
VOICE: March 2014
In the first revamped issue of VOICE this year, read about Miami-Dade County’s refusal to honor ICE detainers without reimbursement, learn strategies for seeking asylum for deaf immigrants, see India through the eyes of two attorneys who participated in last November’s AILA-sponsored trip, and more!