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 on "Willful Blindness" Standard in CAT Relief Case
The court held that the BIA used the correct standard when considering whether the government officials would acquiesce to his torture, and that substantial evidence supported the BIA’s decision to deny CAT protection. (Suarez-Valenzuela v. Holder, 4/24/13)
EOIR Notice on Adjudication of DHS Practitioner Disciplinary Cases
EOIR final rule removing unnecessary provisions in its regulations that are the responsibility of DHS pertaining to practitioner disciplinary cases. (78 FR 24669, 4/26/13)
AAO Grants 212(h) Waiver, Finds Applicant Demonstrated Rehabilitation
In an unpublished decision, the AAO granted the 212(h) waiver, finding that, although the applicant had a criminal record in addition to his controlled substance crime, his last criminal conviction took place over 15 years ago. Courtesy of Jeffrey Devore.
BIA Reverses IJ, Grants Cancellation of Removal
In this unpublished decision, the Board found that the IJ did not properly consider evidence of the country conditions in Honduras, including the effects of Hurricane Mitch and the testimony of an expert witness. Courtesy of Thomas Fulghum.
CA9 on Standard of Review in Citizenship Cases
The court held it is not required to do a de novo review in citizenship cases, and that the district court’s finding that the petitioner is not a U.S. citizen is not clearly erroneous under a “clear and convincing” standard of proof. (Mondaca-Vega v. Holder, 4/25/13)
CA2 Holds District Court Did Not Have Jurisdiction to Review 212(i) Waiver
The court upheld the district court’s determination that it did not have jurisdiction to review the decision of USCIS to deny the petitioner’s 212(i) waiver. (Shabaj v. Holder, 4/25/13)
NYC Bar Letter to Senate Judiciary Committee on Reducing Detention
A 4/24/13 letter from the New York City Bar to the Senate Judiciary Committee urging Congress to take additional steps to reduce detention and ensure due process including repealing mandatory detention and the “bed quota.”
NYC Bar Letter to Senate Judiciary Committee on Appointed Counsel
A 4/24/13 letter from the New York City Bar to the Senate Judiciary Committee urging the Senate to adopt provisions to provide free counsel to all indigent individuals in removal proceedings and in other narrow circumstances.
Practice Alert: USCIS Adds Forms I-821 and I-821D to Processing Time Reports
USCIS added processing times for Forms I-821 and I-821D to the monthly processing time reports.
District Court Orders DHS to Provide Representation for Certain Detainees with Mental Disabilities
The district court ordered ICE and EOIR to provide legal representation to certain immigrant detainees with mental disabilities who are facing deportation. The ruling in the class-action lawsuit applies to certain detainees in AZ, CA and WA. (Franco-Gonzalez v. Holder, 4/23/13)
District Court Finds Lawsuit Challenging DACA Likely to Succeed on the Merits
The court found that the ICE agent plaintiffs are likely to succeed on the merits of their claim, which alleges that the DHS memo on DACA violates federal law, although it will not decide the preliminary injunction until the parties submit additional briefing. (Crane v. Napalitano, 4/23/13)
Supreme Court Finds Drug Conviction is Not Aggravated Felony
The Court held that if a noncitizen’s conviction for a marijuana distribution offense fails to establish that the offense involved either remuneration or more than a small amount of marijuana, it is not an aggravated felony. (Moncrieffe v. Holder, 4/23/13)
CA10 Writes that Petitioner Abused the Appeal Process
The court denied the petitioner’s motion to reopen removal proceedings, writing that the petitioner abused the appeal process by filing three motions to reopen in the Ninth Circuit instead of in the Tenth Circuit. (Salgado-Toribio v. Holder, 4/23/13)
CA11 Finds Exit Pursuant to Grant of Advance Parole is Not Departure Under §212(a)(9)(B)
Citing Matter of Arrabally, the court held the petitioner was not inadmissible under §212(a)(9)(B)(i)(II) because she left the U.S. pursuant to a grant of advance parole. (Ortiz-Bouchet v. U.S. Att’y Gen., 4/23/13)
ICE Memo on Safeguards for Immigration Detainees with Serious Mental Conditions
A 4/22/13 memo from ICE Director John Morton directing that new procedures will ensure ICE detainees who may be mentally incompetent to represent themselves in removal proceedings are provided with access to new procedures for unrepresented mentally incompetent detainees.
IJ Grants Deferral of Removal Under CAT to Mentally Ill Respondent
The immigration judge granted deferral of removal under CAT, and held that the long-term use of physical restraints and psychotropic drugs in a Mexican psychiatric institution constitutes torture. Courtesy of Anna Markovich.
DOJ/DHS Announce Safeguards for Immigration Detainees with Serious Mental Conditions
DOJ press release announcing the issuance of a new nationwide policy for unrepresented immigration detainees with serious mental disorders or conditions that may render them mentally incompetent to represent themselves in immigration proceedings.
CA2 Holds That NY Attempted Arson Is an Aggravated Felony
The court held that the petitioner is not eligible for cancellation of removal because his conviction under NY Penal Law §§150.15, 110.00 for second degree attempted arson is a “crime of violence,” and therefore, an aggravated felony. (Santana v. Holder, 4/22/13)
CA8 Denies Colombian Petitioner’s Withholding and CAT Claims
The court held that the petitioner was not eligible for withholding of removal because she failed to establish that it would be unreasonable for her to relocate, and found she had not suffered from past persecution. (Castro-Gutierrez v. Holder, 4/22/13)
CA1 Upholds Adverse Credibility Determination in Asylum Case
The court upheld the IJ’s finding that Petitioner lacked credibility, noting that he made several amendments to his asylum application only after a change in law that would have affected his claim. (Liu v. Holder, 4/22/13)
CA3 on Mandatory Detention Under §236(c)
The court held that immigration officials can impose mandatory detention under INA §236(c) even if they fail to take the individual into custody immediately upon his or her release from criminal custody. (Sylvain v. Att’y Gen., 4/22/13)
BIA Remands §245(i) Case, Finds Labor Certification Was “Approvable When Filed”
The Board held that the labor certification filed by the respondent was “approvable when filed” for purposes of grandfathering under §245(i) because it was properly filed, non-frivolous, and meritorious in fact. Matter of Butt, 26 I&N Dec. 108 (BIA 2013)
DHS Notice of Information Collection on ICE Immigration Bond
DHS notice of information collection on ICE immigration bond to ensure that the person or company posting the bond is aware of the duties and responsibilities associated with the bond. Comments are due 5/30/13. (78 FR 23577, 04/19/13)
CA8 Upholds Denial of Motion to Suppress Based on Warrantless Entry
The court denied the petition for review and held that the ICE officers’ conduct was not egregious enough to warrant exclusion of the decisive evidence uncovered as a result of the officers’ warrantless entry. (Carcamo v. Holder, 4/19/13)
CA11 Remands Motion to Reopen Case on Equitable Tolling
In light of a recent decision holding that motions to reopen are subject to equitable tolling, the court vacated its prior panel decision and remanded the case to determine if the petitioner is entitled to equitable tolling. (Ruiz-Turcios v. U.S. Att’y Gen., 4/19/13)