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 Announces New Second Deputy Chief Immigration Judge
EOIR press release announcing the appointment of Assistant Chief Immigration Judge (ACIJ) Edward F. Kelly as a second deputy chief immigration judge (DCIJ), effective March 10, 2013.
BIA Holds Unlawful Animal Fighting Conviction is CIMT
The Board held that the respondent is not eligible for cancellation because his conviction for sponsoring or exhibiting an animal in an animal fighting venture is categorically a crime involving moral turpitude. Matter of Ortega-Lopez, 26 I&N Dec. 99 (BIA 2013)
EOIR Memo on Continuances and Administrative Closure
A 3/7/13 memo (OPPM 13-01) from Brian M. O’Leary, Chief Immigration Judge, providing additional background and guidance on continuances and administrative closures. This memo replaces OPPM 94-6.
CRS Report on Chart Book of Key Trends in U.S. Immigration Policy
Congressional Research Service (CRS) report from 3/7/13 called “U.S. Immigration Policy: Chart Book of Key Trends” highlighting selected immigration trends that touch on the main elements of comprehensive immigration reform.
Stateside Waivers: Some Families Still Left Out in the Cold
This week, USCIS launched the new I-601A provisional waiver program, allowing certain relatives of American citizens who are in the country illegally to get a decision on their waiver case, before leaving the United States. The exact numbers are not known, but it is clear that the new rules will imp
Alabama Department of Public Safety Memo on Drivers Licenses
A 03/06/13 Memorandum from Major Terry Chapman of Alabama Department of Public Safety to Driver License Examiners through the chain of command allowing DACA recipients to apply and test for a driver license or ID card in Alabama.
Diaz & Lopez, Briones, Acosta
AILA Amicus Committee alert on Matter of Diaz and Lopez, and Briones and Acosta, and the correct statement of Brand X law.
Immigration Court and EOIR Office Closings for March 5, 2013
EOIR public statement announcing that the Bloomington, Minnesota immigration court will be closed on Tuesday, March 5, 2013 due to inclement weather conditions.
EOIR Swears in Two New Immigration Judges
EOIR press release announcing the swearing-in of Craig A. Harlow and Sunita B. Mahtabfar as immigration judges at the Pearsall, TX Immigration Court and El Paso Service Processing Center, respectively.
CA7 Finds No Jurisdiction to Review Denial of Continuance
The court held that the jurisdictional bar in §242(a)(2)(C), which prohibits the court from reviewing a removal order if the noncitizen committed certain criminal offenses, precluded them from reviewing the denial of a continuance. (Moral-Salazar v. Holder, 2/28/13)
USCIS FOIA Response For Documents Related to DACA
USCIS FOIA response for request of documents related to deferred action since 6/17/11 and Consideration of Deferred Action for Childhood Arrivals (DACA) since 8/15/12. Documents received include 9/13/12 Standard Operating Procedures (SOP) for DACA. Special thanks to Shoba Sivaprased Wadhia.
H.R. 435 - Military Enlistment Opportunity Act
H.R. 435 - Military Enlistment Opportunity Act, introduced by Rep. Coffman (R-CO), broadens the pool of those eligible to enlist in the U.S. Armed Forces beyond citizens and lawful permanent residents, and those eligible under the narrow MAVNI provisions.
CA8 on “Particular Social Group” Requirement
The court denied the asylum claim, holding that “family members of local business owners” is not a particular social group and that the petitioner did not prove that he was targeted for gang recruitment because of his father's business. (Quinteros v. Holder, 3/1/13)
VOICE: March/April 2013
The latest issue of VOICE brings you insight into the gay marriage and DOMA cases facing the Supreme Court, how to take your law firm mobile, advice on wage leveling violations, and much more!
Presidential Pardon Granted to Chinese Citizen For Defrauding Legacy INS in 1996
Copy of official presidential pardon from 3/1/13 for An Na Peng, a Chinese national who was convicted of conspiracy to defraud legacy INS. Ms. Peng’s attorney, Maile Hirota, provided this copy of the official pardon certificate.
Immigration Law Advisor, February 2013 (Vol. 7, No. 2)
Immigration Law Advisor, a legal publication from EOIR, with an article on the unlawful presence bars including sources of guidance for adjudicators and suggestions for analyzing cases involving the bars, as well as circuit court decisions and precedent BIA decisions for January 2013.
DOJ OIL February 2013 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) January 2013 Litigation Bulletin where the Sixth Circuit ruled that conspiracy to traffic in identification documents constitutes a crime involving moral turpitude.
DOJ OIL March 2013 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for March 2013 with articles on an I-212 waiver class action and the fugitive disentitlement doctrine, as well as litigation highlights, summaries of recent circuit court decisions, and monthly topical parentheticals.
Immigration Quicktake: Sequestration
In response to the sequestration, DHS is already taking steps to reduce spending. Several hundred lower-priority immigration detainees were released over the past few days. Joining us through Skype is Maurice Goldman, Media Advo Committee member, to discuss the issue.
CA11 on Filing a 212(h) Waiver Without an Adjustment Application
The court remanded the case to the BIA to determine whether the petitioner is eligible for a 212(h) waiver, noting that the Board’s current interpretation of §212(h) is unclear in light of recent case law. (Lawal v. U.S. Att’y Gen., 2/28/13)
CA9 On Illegal Reentry Under INA §241(a)(5)
The court held the petitioner’s last entry to the U.S., in which he showed officials his invalid registration card and they allowed him to enter, met the illegal reentry requirement in §241(a)(5) despite being procedurally regular. (Tamayo-Tamayo v. Holder, 2/28/13, amended 6/18/13)
TRAC Report on Immigration Referrals and Spike in Criminal Prosecutions
Transactional Records Access Clearinghouse (TRAC) report showing 15,313 federal criminal prosecutions in December 2012, with this 14% sharp increase being entirely the result of prosecutions recommended by CBP agents in just two federal districts along U.S.-Mexico border.
USCIS Transfers Workload from Vermont Service Center to Nebraska Service Center
USCIS press release announcing that on 2/13/13, USCIS transferred some casework from Vermont Service Center to Nebraska Service Center to balance overall workload with processing capacity at the centers related to DACA and Form I-765 Application for Employment Authorization.
DHS Briefs Filed With BIA on 212(c) Cases Post-Judulang
DHS supplemental briefs to the BIA in two cases, discussing the impact of Judulang on 212(c) cases and arguing that an LPR can only receive a 212(c) waiver where he or she was deportable at the time of a pre-IIRIRA conviction.
EOIR’s Disciplinary Program and Professional Conduct Rules for Immigration Attorneys
EOIR fact sheet from 2/27/13 providing an overview of grounds for disciplining attorneys and representatives, complaints about immigration attorneys or representatives, initiating disciplinary proceedings, requesting a hearing, appealing a disciplinary decision and more.