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
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.
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.
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.
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.
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)
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)
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.
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.
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)
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)
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.
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.
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)
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)
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)
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)
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.
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)