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 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)
CA9 Orders Bond Hearing in Certain Mandatory Detention Cases
The court upheld the preliminary injunction in the class action lawsuit, ordering the government to provide a bond hearing to individuals who have been mandatorily detained in southern California for more than six months. (Rodriguez v. Robbins, 4/16/13)
CA11 Finds BIA Failed to Apply Its Own Precedent When Considering Continuance
The court remanded the case, holding that the BIA did not articulate or weigh all of the relevant factors that, under the BIA’s own precedent, must be considered when determining whether to grant a continuance. (Ferreira v. U.S. Att’y Gen., 4/16/13)
CA6 Amended Decision on Conspiracy to Traffic in Identification Documents is CIMT
The court issued an amended decision and applied the categorical approach to determine that the petitioner’s conviction for conspiracy to traffic in identification documents under 18 U.S.C. §1028(f) is a crime involving moral turpitude. (Yeremin v. Holder, 4/16/13)
CA11 Holds Motion to Reopen Deadline is Subject to Equitable Tolling
The court voted to overturn a previous panel opinion in this case, and held that the 90-day deadline to file a motion to reopen is not jurisdictional, but rather is a claim-processing rule subject to equitable tolling. (Avila-Santoyo v. U.S. Att’y Gen., 4/12/13)
Meeting Minutes from the April 2013 Liaison Meeting Between AILA and EOIR
Minutes from the 4/11/13 meeting between the AILA EOIR Liaison Committee and EOIR. Topics include the Immigration Court Practice Manual, court recordings, electronic registration, staffing, prosecutorial discretion, regulations and rulemaking, court evaluations, and 2012 MOU between EOIR and DHS.
TRAC Tool for Calculating Average Wait Times
Transactional Records Access Clearinghouse (TRAC) tool that calculates the average time pending cases have been waiting in immigration courts. Data will be updated as it becomes available.
BIA Reverses IJ on Severity of Past Persecution
In an unpublished decision, the BIA held that the asylum applicant had compelling reasons for being unwilling to return to Liberia because of the severity of the persecution he suffered, despite a fundamental change in country circumstances. Courtesy of Stephen Meili.
BIA Reverses Adverse Credibility Finding Against Antiguan Asylum Applicant
In an unpublished decision, the Board held that the IJ’s adverse credibility finding was clear error, and that the respondent established past persecution at the hands of police officers in Antigua and Barbuda on account of his sexual orientation. Special thanks to NIJC.
USCIS Memo on the Expansion and Extension of the Credible Fear Determination Checklist Pilot
USCIS Asylum Division memo dated 4/11/13 from Acting Chief Ted Kim expanding the credible fear determination checklist pilot to include all credible fear cases regardless of jurisdiction, effective through 9/30/13.
AILA/USCIS HQ Liaison Q&As (4/11/13)
Official questions and answers from the 4/11/13, AILA liaison meeting with USCIS HQ. Topics include provisional unlawful presence waivers, DACA, Adam Walsh Act cases, the USCIS Policy Manual, petition revocation, change of status for J-2s, and relocation of the EB-5 unit.
CA9 Upholds Constitutionality of INA § 101(f)(7)
The court upheld the constitutionality of INA § 101(f)(7), noting that there are plausible reasons for its conclusive presumption that an individual lacks good moral character based on a period of incarceration. (Romero-Ochoa v. Holder, 4/10/13)
CA9 Vacates BIA Determination on “Particularly Serious Crime”
The court remanded the case, holding that INA §241(b)(3)(B)(iv) establishes only one category of “per se” particularly serious crimes and requires DHS to conduct a case-by-case analysis of convictions falling outside this category. (Blandino-Medina v. Holder, 4/10/13)
CA9 Upholds Denial of Relief to Petitioner Who Practiced Da Zang Gong
The court upheld the BIA’s denial of asylum to the Chinese petitioner who asserted a fear of persecution on account of his practice of Da Zang Gong, finding there was substantial evidence supporting the IJ’s adverse credibility determination. (Cui v. Holder, 4/10/13)
Unpublished BIA Case Sustains Appeal and Remands Asylum Case to Different IJ
The Board sustained the appeal for reconsideration of the respondent’s credibility and her eligibility for asylum from Syria. BIA also granted the respondent’s request for future proceedings to be before a different Immigration Judge. Courtesy of Robert DeKelaita.
CA7 Finds BIA and IJ Overlooked Material Evidence
The court remanded the case, holding that the IJ and BIA overlooked material evidence demonstrating that the petitioner suffered past persecution in Palestine on account of his political opinion. (Jabr v. Holder, 4/2/13)
ICE Detainee Murdered at Puerto Rico Detention Facility
ICE press release on death of 51-year-old man from British Virgin Islands who was allegedly stabbed to death by other inmates while in custody at a Federal Bureau of Prisons facility in Puerto Rico. He is the third detainee to die in ICE custody in FY2013.
National Sign-On Letter on Detention Reforms
On 4/4/13 AILA joined over 50 groups in a sign-on letter to Senator Schumer on solitary confinement and immigration detention reforms.
USCIS ‘Straight from the Source’ Newsletter for March 2013
USCIS March 2013 issue of Straight from the Source newsletter covering important highlights, including H-1B cap season, deferred enforced departure for Liberians, new Form I-9, automated Form I-94 Arrival/Departure Record, and more.
DOJ Notice on EOIR-28 Notice of Entry of Appearance as Attorney
EOIR 60-day notice of information collection on Notice of Entry of Appearance as Attorney or Representative before the Immigration Court (Form EOIR–28). Comments are due 6/3/13. (78 FR 20140, 4/3/13)
DOJ Notice on EOIR-27 Notice of Entry of Appearance as Attorney
EOIR 60-day notice of information collection on Notice of Entry of Appearance as Attorney or Representative before the Board of Immigration Appeals (Form EOIR–27). Comments are due 6/3/13. (78 FR 20138, 4/3/13)
CA7 Holds BIA Error in Asylum Case is Harmless
The court found that the BIA’s conclusory rejection of the petitioner’s argument was a harmless error, because the BIA could have reasonably concluded the highly generalized evidence was insufficient. (Zheng v. Holder, 3/27/13)
CA9 Holds California Conviction for Assault with a Deadly Weapon is CIMT
The court found that the petitioner’s conviction for assault with a deadly weapon, in violation of California Penal Code §245(a)(1), is a crime involving moral turpitude. (Ceron v. Holder, 4/2/13)
Updated Summary of DACA Implementation Survey Results
Summary of responses to the DACA implementation survey conducted by AIC, IAN, and AILA as of 4/2/13. The results provide anecdotal information that shed light on the experiences some attorneys and accredited representatives have had with DACA implementation.
Immigration Law Advisor, March 2013 (Vol. 7, No. 3)
Immigration Law Advisor, a legal publication from EOIR, with an article on asylum claims based upon a “pattern or practice” of persecution, circuit court decisions for February 2013, and a regulatory update.