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 Finds Grant of Asylum is Not “Admission” Under INA §101(a)(13)(A)
The Board remanded the case to the IJ, holding that a grant of asylum is not an “admission” to the U.S., and IJ should make a threshold determination regarding termination of asylum status when the asylee is in removal proceedings. Matter of V-X-, 26 I&N Dec. 147 (BIA 2013)
CA9 Applies Vartelas and Remands §212(c) Relief Claim
The court vacated the BIA decision and remanded, applying Vartelas and holding that the repeal of §212(c) relief impermissibly attaches new legal consequences to the trial conviction of the petitioner. (Cardenas-Delgado v. Holder, 6/26/13)
District Court Orders ICE to Submit New Documentation in AIC FOIA Case
The court denied ICE’s motion for summary judgment, concluding that ICE's FOIA search for documents related to the role of counsel was not adequate and did not provide sufficient information to determine whether its withholdings were proper. (American Immigration Council v. DHS, 6/24/13)
BIA Addresses DHS NTA Service on Individuals Who Lack Mental Competency
The Board addressed who DHS should serve with the NTA where indicia of a respondent’s incompetency are manifest, and determined that an IJ should evaluate the benefit of re-serving the NTA in certain cases. Matter of E-S-I-, 26 I&N Dec. 136 (BIA 2013)
AILA Liaison OSC Meeting Minutes (4/10/13)
Minutes from the AILA Verification & Documentation Liaison Committee’s 4/10/13 meeting with DOJ’s Office of Special Counsel. Topics include I-9 self-audits and internal investigations, settlement agreements, third party worksites, DACA, Form I-94 automation, hotline calls, and FY2013 current trends.
BIA Rejects “Stand-alone” §212(h) Waiver
The Board held that a §212(h) waiver is not available without a concurrently filed adjustment application and that the waiver cannot be granted nunc pro tunc to avoid the requirement that the alien be eligible for adjustment. Matter of Rivas, 26 I&N Dec. 130 (BIA 2013)
CA9 Finds District Court Did Not Have Jurisdiction Over Habeas Petition
The court rejected the petitioner’s argument that she was “in custody” for purposes of 28 U.S.C. § 2241 because the government could have reinstated her 1999 removal order at any time, holding that she was not yet subject to a removal order. (Veltmann-Barragan v. Holder, 6/19/13)
CA11 Denies Informant’s CAT Claim
The court denied the petitioner’s CAT claim, held that his removal to Mexico would not violate his due process rights, and directed the court to seal only certain parts of the record. (Perez-Guerrero v. U.S. Att’y Gen., 6/12/13)
Practice Alert: TSC Warns Against Duplicate Filings in Certain Adjustment Cases
TSC informed AILA that it has experienced problems with adjustment applicants who are erroneously re-filing the I-485s with the lockbox facility or TSC after an immigration judge has made a decision in an adjustment applicant’s case.
Practice Pointer: Adjustment of Status Applications for Clients in Removal Proceedings
This practice pointer addresses procedures for filing an initial I-485 while a client is in removal proceedings and procedures for renewing an I-485 when the client was placed in proceedings after the adjustment application was denied by USCIS. Special thanks to the AILA NBC Liaison Committee.
EOIR Advises Attorneys to Check for Confirmation E-mail After Step One of eRegistry
EOIR reminds stakeholders that it launched its new eRegistry 24 hours ago. If you have completed step one of eRegistry – the online form - and have not yet received a confirmation e-mail that EOIR has received your request for an account, please re-complete the online form.
USCIS Data on DACA Cases Received Through May 31, 2013
USCIS statistics on DACA cases from 8/15/12 to 5/31/13 which shows a total of 520,157 DACA requests accepted for processing, 507,301 biometric services appointments scheduled, 365,237 requests approved, and 3,816 requests denied.
Practice Alert: EOIR Electronic Registration Process Opens June 10, 2013
Practice alert on the eRegistry processes established by EOIR for attorneys and fully accredited representatives. Registration is available on 6/10/13. After 12/10/13 attorneys and fully accredited representatives will be required to register as a condition to practice before EOIR.
CA9 on Physical Presence Requirement for Voluntary Departure Requests
The court held that the term “physically present,” as used in INA §240B(b), requires uninterrupted physical presence in the U.S. for one year for an alien to be eligible for voluntary departure at the conclusion of removal proceedings. (Corro-Barragan v. Holder, 6/10/13)
CA1 Finds No Jurisdiction to Review ABC Class Membership Determination
In a nonprecedential decision, the court found no jurisdiction to review whether the petitioner registered for ABC benefits by the 12/31/91 deadline, and denied his asylum claim, which was based his involvement in a student activist group from 1987 to 1988. (Letran v. Holder, 6/7/13)
CA7 on Conditions of Religious Freedom in China
The court held that the Chinese petitioner, who converted to Christianity after coming to the U.S., demonstrated that she had a well-founded fear of persecution, and that conditions of religious freedom in China have deteriorated since 2002. (Liu v. Holder, 6/3/13)
CA7 on Jurisdiction to Review Timeliness of Asylum Application
The court found that it did not have jurisdiction to review whether the petitioner’s asylum application was untimely and that there were no changed circumstances that excused the late filing, holding that the petitioner’s argument was not a pure question of law. (Bitsin v. Holder, 5/31/13)
AILA’s Take on Court Reform and Counsel Provisions in S.744
AILA’s take on the court reform and counsel provisions included in S. 744 as voted out of the Senate Judiciary Committee.
Lawsuit Seeks to Learn How Government Responds to Complaints of Misconduct by Immigration Judges
AILA, joined by AIC and Public Citizen, is challenging the refusal of the Executive Office for Immigration Review (EOIR) to disclose complaints alleging misconduct by immigration judges and records that would reveal whether the agency adequately investigates and resolves those complaints.
AILA Seeks Release of Records Relating to IJ Misconduct
Complaint filed by AILA, in conjunction with the AIC and Public Citizen, challenging the refusal of EOIR to disclose complaints alleging misconduct by immigration judges. (American Immigration Lawyers Assn v. EOIR, 6/6/13)
EOIR Reissues Immigration Court Practice Manual
EOIR public statement announcing that the entire Immigration Court Practice Manual has been reissued due to updates in software and implementation of EOIR eRegistry, which goes into effect on 6/10/13. Page numbers throughout the manual have changed as well.
AILA Comments on EOIR’s Electronic Registration Procedures
AILA comments in response to the final DOJ rule published in the Federal Register on 4/1/13 on electronic registration procedures for attorneys and accredited representatives. AILA urges EOIR to be as flexible as possible in implementing the electronic registration process.
S. 744 Provisions on Crimes and National Security
A summary of the strict provisions on crimes, inadmissibility, deportability, and national security included in S. 744 as voted out of the Senate Judiciary Committee.
Miami Immigration Judge Grants Motions to Suppress Evidence
In two cases, the Miami immigration judge granted a motion to suppress evidence based on an unlawful search and seizure conducted by ICE and terminated the removal proceedings. Courtesy of Ysabel M. Hernández.
CA9 Remands Denial of El Salvadoran Asylum Claim
The court directed the BIA to re-evaluate whether the petitioner’s opposition to the FMLN’s strategy of using violence constitutes a political opinion and address whether the petitioner established a likelihood of future persecution. (Regalado-Escobar v. Holder, 6/5/13)