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
EOIR Swears in Five New Immigration Judges
EOIR press release announcing swearing-in of Timothy Everett (Los Angeles Immigration Court), J. Traci Hong (Los Angeles Immigration Court), Amy Lee (Los Angeles Immigration Court), Elizabeth McGrail (Los Angeles Immigration Court) and John Odell (Tacoma Immigration Court).
BIA Remands Moldova Asylum Applicant for Entry of New Decision
Unpublished BIA decision remanding record as IJ didn’t adequately addressed respondent’s corroborative evidence in his conclusion that respondent did not establish past persecution and that the new entry must be based on applicable 9th Circuit and BIA precedents. Special thanks to Michael Alexei.
BIA on the Effect of Dual Nationality on an Asylum Claim
The Board held that an individual who is a citizen or national of more than one country, but has no fear of persecution in one of the those countries, does not qualify as a refugee under INA §101(a)(42). Matter of B-R-, 26 I&N Dec. 119 (BIA 2013)
CA9 Finds Asylum Applicant’s Proposed Social Group Lacks Sufficient Particularity
The court held that the petitioner’s proposed social group - which he described as disabled persons, insulin-dependent diabetics, or insulin dependent diabetics who suffer from mental illness - lacked sufficient particularity. (Mendoza-Alvarez v. Holder, 5/3/13)
CA9 to Rehear Case on Credibility Determinations En Banc
The court ordered that Oshodi v. Holder, which discussed credibility determinations under the REAL ID Act, be reheard en banc. (Oshodi v. Holder, 5/3/12)
CA2 on Eligibility for Special Rule Cancellation of Removal
The court held that, as an unadmitted alien, the petitioner cannot be ineligible for NACARA relief because of a conviction that would make him deportable under INA §237, and that the BIA’s interpretation is inconsistent with the regulation. (Reyes v. Holder, 5/3/13)
CA5 on the Definition of Lawful Status
The court upheld the BIA’s conclusion that the petitioners were not in lawful status after their L-1A and L-2 visas expired, despite having an adjustment of status application pending, because adjustment of status was ultimately denied. (Dhuka v. Holder, 5/3/13)
Practice Alert: DACA Interviews at Local USCIS Field Offices
The AILA USCIS Field Operations liaison committee informs members that some DACA cases are being transferred to local field offices, and of those cases, some are being randomly selected for interviews.
AILA ICE Liaison Committee Meeting Q&As (5/02/13)
AILA ICE Liaison Committee questions and answers from the 5/02/13 liaison meeting with ICE, including information on prosecutorial discretion, deferred action, I-94s and adjustment of status, U visas, the RCA, right to counsel, withholding of removal, FOIA, and ATDs.
ICE Detainee Dies at Arizona Detention Facility
ICE press release on death of 24-year-old woman of an apparent suicide at the Eloy Detention Center in Arizona. She is the fourth detainee to die in ICE custody in FY2013.
DOJ OIL May 2013 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for May 2013, with articles on German enforcement of general school-attendance laws and asylum eligibility and the Adverse Credibility project, as well as litigation highlights, recent circuit court decisions, and monthly topical parentheticals.
EOIR Issues Memo on Unrepresented Detained Undocumented Immigrants with Competency Issues
Obtained via FOIA by Hoppock Law Firm, EOIR released a memo with guidance for unrepresented detained undocumented immigrants with competency issues. Special thanks to Matthew Hoppock.
VOICE: May/June 2013
The latest issue of VOICE offers insight on applying for asylum on behalf of atheists, hiring competent employees, preparing adjudicator-friendly applications, and more! Also, complete our crossword puzzle correctly and save 20% on the Immigration Forms Toolbox!
Immigration Law Advisor, April 2013 (Vol. 7, No. 4)
Immigration Law Advisor, a legal publication from EOIR, with an article on Vartelas v. Holder, and the revival of the Fleuti doctrine, circuit court decisions for March 2013, recent BIA precedent decisions, and a regulatory update.
BIA Remands Denial of §237(a)(1)(H) Waiver
In an unpublished decision, the BIA reversed the IJ and remanded the case, holding that the consular officer could not have known or had a reason to believe that the respondent was an illicit trafficker at the time the respondent was admitted to the U.S. Courtesy of Sheri Benchetrit.
ICE Detainee Dies at Texas Hospital
ICE press release on death of 51-year-old Czech national who died at Haskell Memorial Hospital in Texas due to heart failure, based on a preliminary determination.
AAO Sustains Appeal and Waives Inadmissibility under Section 212(h)(1)(A)
AAO sustained the appeal of the waiver application and found that while the crimes of theft and attempted theft were serious in nature and cannot be condoned, the favorable factors in the case outweigh the adverse factors. Courtesy of Steven Heller.
CA10 Remands Nepali Asylum Case, Finds BIA Failed to Properly Consider Evidence
The court remanded the CAT and asylum claims back to the BIA, holding that the BIA failed to consider supporting evidence and that the record compelled the conclusion that the petitioner suffered past persecution by Maoists in Nepal. (Karki v. Holder, 4/30/13)
CA2 on False Claims to U.S. Citizenship
The court remanded the case the BIA to determine in the first instance whether an individual is inadmissible under §212(a)(6)(C)(ii)(I) if he or she makes a false claim to USC in order to avoid being placed in removal proceedings. (Richmond v. Holder, 4/30/13)
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)