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
AILA’s Take on Court Reform and Counsel Provisions in S.744
AILA’s take on the court reform and counsel provisions included in S. 744 as voted out of the Senate Judiciary Committee.
Lawsuit Seeks to Learn How Government Responds to Complaints of Misconduct by Immigration Judges
AILA, joined by AIC and Public Citizen, is challenging the refusal of the Executive Office for Immigration Review (EOIR) to disclose complaints alleging misconduct by immigration judges and records that would reveal whether the agency adequately investigates and resolves those complaints.
AILA Comments on EOIR’s Electronic Registration Procedures
AILA comments in response to the final DOJ rule published in the Federal Register on 4/1/13 on electronic registration procedures for attorneys and accredited representatives. AILA urges EOIR to be as flexible as possible in implementing the electronic registration process.
EOIR Reissues Immigration Court Practice Manual
EOIR public statement announcing that the entire Immigration Court Practice Manual has been reissued due to updates in software and implementation of EOIR eRegistry, which goes into effect on 6/10/13. Page numbers throughout the manual have changed as well.
AILA Seeks Release of Records Relating to IJ Misconduct
Complaint filed by AILA, in conjunction with the AIC and Public Citizen, challenging the refusal of EOIR to disclose complaints alleging misconduct by immigration judges. (American Immigration Lawyers Assn v. EOIR, 6/6/13)
S. 744 Provisions on Crimes and National Security
A summary of the strict provisions on crimes, inadmissibility, deportability, and national security included in S. 744 as voted out of the Senate Judiciary Committee.
CA9 Remands Denial of El Salvadoran Asylum Claim
The court directed the BIA to re-evaluate whether the petitioner’s opposition to the FMLN’s strategy of using violence constitutes a political opinion and address whether the petitioner established a likelihood of future persecution. (Regalado-Escobar v. Holder, 6/5/13)
Miami Immigration Judge Grants Motions to Suppress Evidence
In two cases, the Miami immigration judge granted a motion to suppress evidence based on an unlawful search and seizure conducted by ICE and terminated the removal proceedings. Courtesy of Ysabel M. Hernández.
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)
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.