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
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.
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.
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.
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)
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)
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.
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.
CA7 Remands Asylum Case of Political Activist from Moldova
The court found that the IJ and BIA applied the wrong legal standard in determining whether the petitioner had shown past persecution for his political activities in Moldova, and remanded the case to the BIA. (Prodan v. Holder, 5/20/13)
CA4 Holds Conviction Is Not an Aggravated Felony, Reinstates Asylee Status
The court held that the conduct the petitioner admitted to and on which his conviction for second degree assault necessarily rests does not constitute a crime of violence, and thus that he is not removable as an aggravated felon. (Karimi v. Holder, 5/13/13)
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.
CA9 Rejects Matter of Silva-Trevino
The court held that Matter of Silva-Trevino was wrongly decided, and that the IJ and the BIA improperly considered evidence beyond the record of conviction in holding that the petitioner was convicted of a CIMT. (Olivas-Motta v. Holder, 5/17/13)
CA2 Holds Petitioner Is Not Eligible for Cancellation of Removal
The court held that the petitioner’s encounters with CBP were “formal, documented” processes through which he was determined to be inadmissible, and that his “voluntary returns” to Mexico therefore severed his physical presence. (Rosario-Mijangos v. Holder, 5/16/13)
Practice Alert: Procedures for Alerting ICE of a Stay of Removal Request
AILA ICE Liaison Committee practice pointer on how to use the ICE Community and Detainee Helpline to alert ICE that there is a stay of removal request pending for a detained respondent.
ICE Arrests Former Customs Inspector for Selling Fake Documents
ICE press release announcing the arrest of a former U.S. Customs inspector who was involved in selling counterfeit immigration documents, including employment authorization cards and B-1/B-2 non-immigrant visitor visas defrauding more than 50 people out of about $100,000.