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
CA8 Denies Colombian Petitioner’s Withholding and CAT Claims
The court held that the petitioner was not eligible for withholding of removal because she failed to establish that it would be unreasonable for her to relocate, and found she had not suffered from past persecution. (Castro-Gutierrez v. Holder, 4/22/13)
CA1 Upholds Adverse Credibility Determination in Asylum Case
The court upheld the IJ’s finding that Petitioner lacked credibility, noting that he made several amendments to his asylum application only after a change in law that would have affected his claim. (Liu v. Holder, 4/22/13)
CA3 on Mandatory Detention Under §236(c)
The court held that immigration officials can impose mandatory detention under INA §236(c) even if they fail to take the individual into custody immediately upon his or her release from criminal custody. (Sylvain v. Att’y Gen., 4/22/13)
DOJ/DHS Announce Safeguards for Immigration Detainees with Serious Mental Conditions
DOJ press release announcing the issuance of a new nationwide policy for unrepresented immigration detainees with serious mental disorders or conditions that may render them mentally incompetent to represent themselves in immigration proceedings.
IJ Grants Deferral of Removal Under CAT to Mentally Ill Respondent
The immigration judge granted deferral of removal under CAT, and held that the long-term use of physical restraints and psychotropic drugs in a Mexican psychiatric institution constitutes torture. Courtesy of Anna Markovich.
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)
CA8 Upholds Denial of Motion to Suppress Based on Warrantless Entry
The court denied the petition for review and held that the ICE officers’ conduct was not egregious enough to warrant exclusion of the decisive evidence uncovered as a result of the officers’ warrantless entry. (Carcamo v. Holder, 4/19/13)
CA9 Holds Petitioner is Barred from Seeking Cancellation of Removal
The court held that the petitioner could not apply for cancellation of removal because he had already applied for and received cancellation of removal under NACARA in 2003, and so he was ineligible for later relief under §240A. (Sejdini v. Holder, 4/19/13)
BIA Remands §245(i) Case, Finds Labor Certification Was “Approvable When Filed”
The Board held that the labor certification filed by the respondent was “approvable when filed” for purposes of grandfathering under §245(i) because it was properly filed, non-frivolous, and meritorious in fact. Matter of Butt, 26 I&N Dec. 108 (BIA 2013)
CA11 Remands Motion to Reopen Case on Equitable Tolling
In light of a recent decision holding that motions to reopen are subject to equitable tolling, the court vacated its prior panel decision and remanded the case to determine if the petitioner is entitled to equitable tolling. (Ruiz-Turcios v. U.S. Att’y Gen., 4/19/13)
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)
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 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)
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)
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.
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.
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.
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.
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.
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.