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
USCIS Memo with Updated Procedures for Accepting Forms I-589 Filed by Unaccompanied Alien Children
USCIS 6/4/13 memo from Ted Kim providing updated notification and guidance to the USCIS Service Centers on the handling of I-589 applications for asylum filed by unaccompanied alien children. Procedures are effective on 6/10/13 and apply to any I-589s received by USCIS on or after that date.
Colorado District Court on “When Released” Under INA §236(c)
A Colorado district court held that the petitioner was not subject to mandatory detention under INA §236(c) because ten years had elapsed since his release from criminal custody. Courtesy of Katharine Speer and Hans Meyer. (Baquera v. Longshore, 6/4/13)
BIA Says Severity of Past Persecution in Guatemala Warrants Humanitarian Asylum
Unpublished BIA decision finding that the atrocity of respondent’s past persecution in Guatemala was sufficient to warrant a discretionary grant of humanitarian asylum in the absence of a well-founded fear of future persecution. Courtesy of Diana M. Bailey.
TRAC Report Says Legal Noncitizens Receive Longest ICE Detention
Transactional Records Access Clearinghouse (TRAC) report from June 2013 showing that individuals who were legally entitled to remain in the United States typically experienced the longest ICE detention times, sometimes stretching on for years before they won their cases and were released.
AILA’s Pro Bono Newsletter, Summer 2013
Enjoy the summer edition of AILA’s Pro Bono Newlsetter, brought to you by the National Pro Bono Services Committee. Hear the latest round-up of April’s 2013 AILA Month of Service activities and read about the wonderful pro bono work that is being done by members across the chapters and the country!
DOJ OIL June 2013 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for June 2013 with articles on Descamps v. U.S. and the passage of S.744, FAQs on DHS implementation of U.S. v. Windsor, as well as litigation highlights, summaries of recent circuit court decisions, and topical parentheticals.
Immigration Law Advisor, May 2013 (Vol. 7, No. 5)
Immigration Law Advisor, a legal publication from EOIR, with an article on designating a country of removal in immigration proceedings, circuit court decisions for April 2013, recent BIA precedent decisions, and a regulatory update.
CRCL Newsletter, May 2013
DHS Office for Civil Rights and Civil Liberties (CRCL) May 2013 newsletter with information on new USCIS resources, DHS guidance on nondiscriminatory law enforcement and screening activities, preventing sexual abuse in detention facilities, and more.
DOJ Inspector General Semiannual Report to Congress
DOJ semiannual report to Congress from the Office of the Inspector General on developments from 10/1/12 to 3/31/13, including a section on the Executive Office for Immigration Review.
CA9 Finds CA Health & Safety Code § 11359 is Controlled Substances Crime
The court found that the petitioner failed to meet his burden that California Health & Safety Code §11359 could apply to conduct not related to a controlled substance, and held that the conviction is a categorical crime relating to a controlled substance. (Macias-Carreon v. Holder, 5/30/13)
CA8 Finds Conviction Precludes Review of CAT Protection Claim
The court held that the petitioner’s conviction for burglary in the second degree is an aggravated felony, and that the conviction precludes the court from reviewing the BIA’s denial of CAT protection. (Gallimore v. Holder, 5/22/13)
CA5 on Derivative Citizenship Under Former INA §321
The court held that the petitioner did not derive citizenship under former INA §321 because his mother was not legally separated from his father when she naturalized. (Joseph v. Holder, 5/29/13)
AILA/CBP Liaison Teleconference Notes (5/28/13)
The AILA CBP Liaison Committee offers notes from the 5/28/13 CBP teleconference, including topics such as unlawful presence, I-94, new FOIA director, NAFTA adjudications, seizing documents upon issuing NTA, referral to mental health providers, L blanket admissions, and admission errors.
CA3 Finds Petitioner Ineligible for 212(c) Relief
The court held that the petitioner - who spent more than 5 years in prison for an aggravated felony committed in 2007, but first applied for 212(c) in 1994 - is statutorily precluded from 212(c) relief. (Lupera-Espinoza v. U.S. Att’y Gen., 5/28/13)
CA1 Finds BIA Erred in Pakistani Withholding Case
The court held that the BIA’s decision on withholding of removal was contrary to the evidence, finding that the mistreatment suffered by the Pakistani petitioner rose to the level of persecution and was not merely part of a private dispute. (Javed v. Holder, 5/24/13)
CA11 Vacates Decision on Equitable Tolling
The court vacated its prior decision and remanded for the BIA to determine in the first instance why the one-motion rule is, or is not, a non-jurisdictional claim processing rule subject to equitable tolling. (Ruiz-Turcios v. U.S. Att’y Gen., 5/24/13)
EOIR Fact Sheet on Attorney eRegistry Program
EOIR fact sheet on the new mandatory electronic registry, eRegistry, for attorneys and fully accredited representatives that will be used to collect information to maintain a centralized information repository of registrants for both the immigration court and the Board of Immigration Appeals (BIA).
EOIR Online Resource on eRegistry Program for Each Immigration Court
EOIR online resource page providing links to each immigration court around the country which provides detailed information on the eRegistry validation process for that specific court in question.
EOIR FAQs on Attorney eRegistry Program
EOIR frequently asked questions (FAQ) document on mandatory electronic registry, known as eRegistry. After December 10, 2013, attorneys and fully accredited representatives will be required to complete the registry process as a condition to practice before EOIR.
EOIR General Instructions on Attorney eRegistry Program
EOIR instructions for its mandatory electronic registration program known as eRegistry. Includes sections on who is required to register, how to register, consequences of failing to register and more.
IJ Finds Respondent Did Not Abandon LPR Status After Parents’ Divorce
IJ found that even though the parents abandoned their own lawful permanent resident statuses, and the respondent was out of the U.S. for more than 180 days as a result of her parents’ divorce, the intent was for the respondent to retain her own status. Courtesy of Eric Schultz.
TRAC Report on Removal Decisions of ICE Detainees
Transactional Records Access Clearinghouse (TRAC) report from May 2013 showing that out of the 1,500 individuals taken into custody by ICE on a typical work day, the latest ICE data record shows that about 1,000 were eventually removed and only 360 individuals were released after posting bond.
CA11 Finds No Implied Exception to Material Support Bar
The court held that there is no implied exception to the material support bar for support provided to a terrorist organization involuntarily or under duress. (Alturo v. U.S. Att’y Gen., 5/21/13)
Readout of President & Vice President’s Meeting with DREAMer Families
White House read out of a 5/21/13 meeting with young immigrants who received deferred action and with siblings and spouses of undocumented immigrants where President Obama reiterated his commitment to passing a bipartisan, commonsense immigration reform bill this year.
BIA Critiques and Reverses IJ’s Adverse Credibility Finding
In an unpublished decision, the Board strongly critiqued several aspects of the IJ’s adverse credibility finding, and held that the respondent established past persecution on account of his sexual orientation. Special thanks to NIJC.