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
CA11 Holds Florida Conviction for Resisting an Officer is CIMT
The court found that a Florida conviction for resisting an officer with violence under Fla. Stat. § 843.01 is a CIMT, and that the petitioner was thus removable as having been convicted of two or more CIMTs. (Cano v. U.S. Att’y Gen., 2/15/13)
CA6 Holds Conspiracy to Traffic in Identification Documents is CIMT
The court held that the petitioner’s conviction for conspiracy to traffic in identification documents under 18 U.S.C. §1028(f) qualifies as a crime involving moral turpitude because the statute inherently involves deceit. (Yeremin v. Holder, 2/14/13)
DHS Notice on Alien Criminal Response Information Management System of Records
DHS notice on the updating and renaming of existing system of records titled Department of Homeland Security/Immigration & Customs Enforcement-007—Law Enforcement Support Center Alien, changing the name and adding new categories. Comments due 3/18/13. (78 FR 10623, 02/14/13)
CA9 Remands Asylum Case on Social Visibility Requirement
In an en banc decision, the court held that the BIA misapplied its own precedent on social group membership when it denied petitioner’s asylum claim because of a lack of “social visibility.” (Henriquez-Rivas v. Holder, 2/13/13)
TRAC Report on Deportation Orders Rising Slightly from Historic Lows
Transactional Records Access Clearinghouse (TRAC) report showing that during January 2013, the government reported 15,174 new ICE filings seeking deportation orders, which is down 23.7 percent through first 4 months of FY2013 when compared to monthly filings in FY2012.
TRAC Report on Deportation Orders Going Down 25% from Last Year's Pace
Transactional Records Access Clearinghouse (TRAC) report showing that during November 2012, the government reported 14,926 new ICE filings seeking deportation orders, which is down 24.8% from levels in FY2012.
CRS Report on Policy Options for Providing Targeted Immigration Relief
Congressional Research Service (CRS) report from 2/13/13 on policies to provide targeted relief to unauthorized persons, including statutory and legislative remedies, including amending statutory provisions to make it easier for unauthorized persons to obtain LPR status.
AIC, AILA, CLINIC, and NILC Comments on Form I-821D
AIC, AILA, CLINIC, and NILC comments in response to proposed revisions to form I-821D, Consideration of Deferred Action for Childhood Arrivals, and accompanying instructions.
AILA Comments on Form I-765, Application for Employment Authorization
AILA’s comments in response to proposed revisions to Form I-765, Application for Employment Authorization, Form I-765WS, Worksheet, and accompanying instructions.
IJ Grants Humanitarian Asylum to Romanian Applicant
In this unpublished decision, the IJ granted humanitarian asylum pursuant to 8 C.F.R. §1208.13(b)(1)(iii)(B) based on the reasonable possibility that the applicant would suffer other serious harm in Romania. Courtesy of Russell R. Abrutyn.
District Court Complaint Challenges Withholding Asylum Interview Notes Under FOIA
Complaint filed by the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area challenging the USCIS policy of withholding asylum interview notes in response to FOIA requests submitted for applicants’ A files. (Martins v. USCIS, 2/11/13)
Immigration Court and EOIR Office Closings for February 11, 2013
EOIR public statement announcing that the Hartford, Connecticut immigration court will be closed on Monday, February 11, 2013 due to inclement weather conditions.
BIA Finds IJ Cannot Deny Asylum Application Without Merits Hearings
In an unpublished decision, the BIA held that the IJ erred by requiring the asylum applicant to establish a prima facie asylum case in their written asylum application as a prerequisite to holding a hearing and remanded the case to the IJ. Courtesy of Patricia G. Mattos.
CA1 Upholds Denial of Asylum for Ecuadorian Indigenous Activist
The court denied asylum, finding that the harassment faced by the Ecuadorian petitioner due to her activities on behalf of the indigenous community did not amount to persecution and that the agency did not err in its factfinding. (Guaman-Loja., Holder, 2/7/13)
Factsheet on Amendment Regarding Third DUI Conviction.
A factsheet by The National Task Force to End Sexual and Domestic Violence Against Women on the proposed amendment to VAWA to expand the definition of aggravated felony to include a third DUI conviction.
Factsheet on Amendment Regarding Domestic Violence Convictions
A factsheet by The National Task Force to End Sexual and Domestic Violence Against Women on the proposed amendment to VAWA to expand the definition of aggravated felony to include all domestic violence convictions.
CA9 Remands Case to Allow Petitioner to File Cancellation Application
The court held that the BIA erred in finding that the petitioner did not comply with Lozada in his ineffective assistance of counsel claim, noting it does not require a specific type of submission to prove a bar complaint was filed. (Correa-Rivera v. Holder, 2/6/13)
CA11 Reverses BIA on Past Persecution
The court remanded the asylum case, holding the abuse the petitioner suffered – which included being detained for a week and subjected to physical abuse – rose to the level of past persecution, if the petitioner is found to be credible. (Shi v. U.S. Att’y Gen., 2/5/13)
EOIR Swears in New Assistant Chief Immigration Judge
EOIR press release announcing the swearing-in ceremony of Abigail M. Price as the newest assistant chief immigration judge which took place at the headquarters of Executive Office of Immigration Review (EOIR).
AILA Files Amicus Brief on Mandatory Detention Under INA §236(c)
AILA amicus brief explaining how the plain language of the mandatory detention provisions in INA §236(c) is intended to operate in light of its statutory history, and arguing that the Third Circuit should not defer to the BIA’s holding in Matter of Rojas.
National Sign-On Letter Opposing Third DUI Resulting in an Aggravated Felony
On 2/4/13 AILA joined over 100 other groups in a sign-on letter calling on the Senate to oppose and amendment to VAWA that would make a 3rd DUI result in an aggravated felony for the purposes of immigration.
AIM February: AILA Interview of the Month with Francisco Gutierrez
AILA Interview of the Month (AIM) is a series of short interviews on immigration from many perspectives. This month a young student at Georgetown University joins us to discuss his experience applying for DACA.
Immigration Law Advisor, January 2013 (Vol. 7, No. 1)
Immigration Law Advisor, a legal publication from EOIR, with an article on humanitarian asylum, as well as circuit court decisions from December 2012, calendar year 2012 totals, recent BIA precedent decisions, and a regulatory update.
CA9 Denies Adjustment Where Record on Drug Conviction Is Inconclusive
The court held that the petitioner is ineligible for adjustment due to a 1997 conviction for possession of marijuana for sale, finding the record was unclear as to whether the state court changed his conviction to simple possession. (Lopez-Vasquez v. Holder, 2/1/13)
Michigan Reverses Decision, Will Grant Drivers Licenses to DACA Recipients
Michigan Department of State press release announcing Michigan will issue driver’s licenses and ID cards to DACA recipients following the release of updated USCIS FAQs specifying that DACA recipients are lawfully present.