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.
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Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
CA7 on the Meaning of Lawful Status Under §245(k)
The court held that “lawful status” for adjustment eligibility purposes under §245(k) does not extend to a person who has a prior adjustment application still pending, even if that person’s nonimmigrant status has expired. (Chaudhry v. Holder, 1/17/13)
CA7 Denies Asylum Request of Falun Gong Practitioner
The court held that the petitioner had not suffered past persecution when he learned that his wife in China had been forcibly sterilized, and also that he lacked a well-founded fear of future persecution based on his Falun Gong activities. (Chen v. Holder, 1/18/13)
Iowa Reverses Decision and Will Begin Granting Drivers Licenses to DACA Recipients
The Iowa Department of Transportation released a press release announcing that the state had determined it can now issue driver's licenses or non-operator identification (ID) cards to persons granted DACA based on changed guidance issued by the USCIS.
FCC Notice on Rates for Interstate Inmate Calling Services
FCC notice of proposed rulemaking on the inmate calling services industry and how to ensure just and reasonable rates for inmate calling services. Comments are due 3/25/13. (78 FR 4369, 01/22/13)
CA9 on Resisting Arrest as a Particularly Serious Crime
The court remanded the case, holding that the BIA did not adequately explain its conclusion that the petitioner’s California conviction for resisting arrest constituted a particularly serious crime. (Alphonsus v. Holder, 1/18/13)
AILA New Members Division E-News, January 2013 (Vol. 5, Issue 1)
This issue offers advice on how to navigate the intersection of immigration and criminal law, litigation tips for handling stateside waivers and petitions for an immediate relative, the complications on renouncing U.S. citizenship within U.S. borders, and more!
CRS Report on Prosecutorial Discretion in Immigration Enforcement
Congressional Research Service (CRS) report from 1/17/13 called "Prosecutorial Discretion in Immigration Enforcement: Legal Issues" which addresses the constitutional and other legal foundations and issues related to the doctrine of prosecutorial discretion.
AILA/ICE Workplace Enforcement Meeting Summary (1/17/13)
Q&As from the 1/17/13 AILA Verification & HSI Worksite Enforcement Division meeting. Topics include DACA guidance for employers, FY2012 inspections, substantive/technical errors, NOIs, and electronic I-9s. Thanks to Kathleen Walker, Marketa Lindt & Sharon Mehlman. AILA Doc. No. 13021943.
Letter from North Carolina Attorney General on Drivers Licenses for DACA Grantees
Letter from the North Carolina Attorney General’s Office to the North Carolina DMV stating that individuals who have been granted deferred action pursuant to the DACA program must be issued a North Carolina drivers license in accordance with state law.
CA7 Finds Jurisdiction to Review Deferral of Removal Request
The court held that INA §242(a)(2)(C) does not bar judicial review of a deferral of removal request, found that the evidence supported that the petitioner will probably be murdered if he returns to Kenya, and remanded the case. (Wanjiru v. Holder, 1/11/13)
CA1 Remands Pakistani Petitioner’s Asylum Case
The court found that the BIA and IJ did not properly consider evidence supporting the petitioner’s claim that he could face future persecution in Pakistan by the Taliban because he is an ANP activist and a special police officer. (Khattak v. Holder, 1/17/13)
CA5 Holds Texas Conviction Is Not Categorically an Aggravated Felony
The court held that a conviction under Texas Penal Code § 22.011(a)(1) for sexual assault is not categorically an aggravated felony because portions of the statute do not inherently involve a substantial risk of physical force. (Rodriguez v. Holder, 1/16/13)
TRAC Report on Record Year for Asylum Cases
Transactional Records Access Clearinghouse (TRAC) report showing odds of an asylum claim being denied reached an historic low in FY2012, with only 44.5% being turned down. Almost 2 out of 3 (62.6%) individuals seeking asylum lost their cases in similar actions 10 years ago.
CA6 Finds Withholding of Removal Not Available Derivatively
The court held the petitioner was not eligible for asylum or withholding of removal because he sought relief as a derivative of his wife, whose asylum application was denied, and that withholding of removal is not available derivatively. (Camara v. Holder, 1/15/13)
CA2 Finds District Court Did Not Have Jurisdiction to Review 212(i) Waiver Denial
The court held that it did not have jurisdiction to review the petitioner’s 212(i) waiver denial, noting that even if the complaint had raised constitutional claims, the district court did not have jurisdiction to review those claims. (Shabaj v. Holder, 1/15/13)
AIC and AILA File Amicus Brief on Mental Competency in Removal Proceedings
AIC and AILA amicus brief, filed with several other organizations, describing the safeguards that DHS and DOJ should adopt to protect the rights of individuals who are not mentally competent when DHS institutes removal proceedings.
North Carolina Attorney General Asked to Reinstate Licenses for DACA Recipients with Work Permits
North Carolina Justice Center press release about joint letter asking state officials to reinstate policy that allowed young immigrants who have been authorized to be in the U.S. and granted work permits under a federal program to receive North Carolina driver’s licenses.
AILA Concerns Regarding USCIS DACA Guidance for Employers
AILA’s comments to USCIS Verification division regarding portions of the 11/19/12 “Guidance for Employers,” which provides information to employers in connection with DACA. Special thanks to Daniel Brown, Marketa Lindt, Bonnie Gibson, Sharon Mehlman and Kathleen Walker.
CA8 Finds BIA Failed to Consider Future Persecution Claim
The court found that while the petitioner did not establish that he experienced past persecution, the BIA failed to consider one aspect of his distinct claim of a well-founded fear of future persecution and remanded the case. (Tegegn v. Holder, 1/11/13)
CA9 Holds California Conviction for Simple Kidnapping Not Categorically a CIMT
The court held that simple kidnapping under CPC §207(a) is not categorically a CIMT because it does not involve any elements of a CIMT and California courts have applied the statutes to conduct that is not morally turpitudinous. (Castrijon-Garcia v. Holder, 1/9/13)
BIA Holds California Conviction for Indecent Exposure is CIMT
The Board held that a conviction for indecent exposure under California Penal Code §314(1), which includes the element of lewd intent, is categorically a crime involving moral turpitude. Matter of Cortes Medina, 26 I&N Dec. 79 (BIA 2013)
CA1 Denies Motion to Reopen Based on Ineffective Assistance of Counsel
The court upheld the conclusion that the motion to reopen was untimely, and that equitable tolling could not apply because the petitioner did not exercise due diligence in pursuing his case. (Bead v. Holder, 1/7/13)
Six Things You Need to Know about Stateside Processing of I-601A Waivers
Starting March 4, 2013, certain relatives of American citizens who are in the country illegally and need a waiver of unlawful presence before being eligible for a green card can get a decision on their case before leaving the United States. For those who can take advantage of the new rule, this mean
CA1 Denies Motion to Reconsider Based on Additional Ground for Relief
The court denied the petitioner’s motion to reconsider - which was based on a ground for relief not previously asserted, but previously available – because it did not identify any error of fact or law in the original decision. (Martinez-Lopez v. Holder, 1/4/13)
CA11 Finds BIA Erred in Making De Novo Factual Findings
The court held that the BIA erred in overturning the IJ’s finding that Petitioner would be forcibly sterilized upon returning to China because 8 CFR 1003.1(d)(3) empowers the BIA to review an IJ’s factual findings for clear error only. (Zhu v. U.S. Att’y Gen., 1/4/13)