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
DOJ OIL August 2013 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for August 2013, with articles on direct testimony where credibility was an issue and whether Albanian women who live alone constituted a “particular social group”, as well as litigation highlights and circuit court decision summaries.
CA2 on Lopez-Mendoza and Suppression of Evidence Following a Fourth Amendment Violation
The court remanded the case to determine whether ICE agents seized evidence of alienage while committing an egregious 4th Amendment violation, noting that a nighttime, warrantless raid of a person’s home “frequently will constitute” such a violation. (Pretzantzin v. Holder, 7/31/13)
CA2 Vacates Denial of Motion to Suppress and Remands Case
The court held that the IJ erred in interpreting case law to require physical threat or harm before a Fourth Amendment violation becomes sufficiently egregious to require suppression, and vacated the BIA’s decision affirming the denial of the motion to suppress. (Cotzojay v. Holder, 7/31/13)
BIA Grant’s DHS Motion to Withdraw Appeal in Case Involving Definition of “Lawful Status” Under 245(k)
Unpublished BIA decision granting DHS' motion to withdraw its appeal from the IJ’s decision which granted the respondent adjustment of status under section 245(k) and remanding the case for background checks. Special thanks to IRAC. (Matter of Maynigo, 7/31/13)
BIA Remands for IJ to Consider Whether Conviction is a Crime of Violence
Unpublished BIA decision where the Board remanded for further proceedings after finding that assault by use or display of dangerous weapon under Iowa Code 708.1 and 708.2(3) was not a categorical crime of violence. Special thanks to IRAC. (Matter of Imeri, 7/31/13)
BIA Terminating Proceedings After Criminal Sentence Reduced
Unpublished BIA decision terminating proceedings due to newly submitted evidence that the respondent's criminal sentence was reduced to 364 days, making his conviction no longer an aggravated felony under Matter of Cota-Vargas. Special thanks to IRAC. (Matter of Nelson, 7/31/13)
BIA Reopens Proceedings Due to Approved I-130 and Lack of DHS Opposition
Unpublished BIA decision where the Board reopened proceedings sua sponte in light of the respondent's marriage to a U.S. citizen who filed an approved I-130 on her behalf and the lack of opposition from the DHS. Special thanks to IRAC. (Matter of Martins, 7/31/13)
Litigation Timeline: Lawsuit Challenging DACA Filed by ICE Officers (Updated 7/31/13)
Timeline of major court actions in response to litigation by ICE officers challenging the legality of the Deferred Action for Childhood Arrivals (DACA) program. (Crane v. Napalitano, 7/31/13)
District Court Dismisses Lawsuit Challenging DACA on Procedural Grounds
The court held that the Civil Service Reform Act deprived the court of jurisdiction over the federal employment dispute filed by several ICE officers opposed to implementing DACA. (Crane v. Napalitano, 7/31/13)
FOIA Response with Internal Documents by USCIS on Deferred Action
FOIA response provides internal documents by USCIS on non-DACA deferred action since June 17, 2011. Special thanks to Pennsylvania State University and Shoba Sivaprasad Wadhia.
CA6 Clarifies Social Visibility Requirement in Asylum Case
CA6 upheld that BIA’s determination that young Salvadoran males who refuse recruitment by the MS gang do not constitute a cognizable particular social group, and clarified the social visibility requirement. (Umana-Ramos v. Holder, 7/30/13)
BIA Granted Joint Interlocutory Appeal of Denial of Administrative Closure Motion
Unpublished BIA decision granting a joint interlocutory appeal of a denial of a joint motion for administrative closure because the immigration judge's order set forth no basis or rationale warranting the denial of the motion. Special thanks to IRAC. (Matter of Murillo-Borjas, 7/30/13)
BIA Grants Motion to Reopen After Immigrant Visa Approved
Unpublished BIA decision where the Board granted the respondent's motion to reopen over the objection of DHS to allow him to apply for adjustment of status. Special thanks to IRAC. (Matter of Bahronov, 7/29/13)
BIA Remands for Consideration of Whether Respondent is Eligible for I-601A
Unpublished BIA decision where the Board remanded the case "in an abundance of caution" for consideration of whether the respondent was eligible for a provisional unlawful presence waiver (Form I-601A). Special thanks to IRAC. (Matter of Pulido-Aguirres, 7/29/13)
BIA Terminates Proceedings as Crime Must Show Intent to Permanently Deprive to be CIMT
Unpublished BIA decision terminating proceedings as the grand theft conviction under Florida Stat. 812.014(2)(c)(1) is not a categorical crime involving moral turpitude as the conviction did not show intent to permanently deprive. Special thanks to IRAC. (Matter of Edmond, 7/29/13)
Best Practices for Packaging Provisional Waiver Applications (I-601A)
NBC Liaison Committee practice pointer providing tips for packaging applications for provisional unlawful presence waivers (Forms I-601A), which might help you avoid a “boilerplate” request for evidence seeking hardship documents.
CA1 on Derivative vs. Direct Persecution
The court denied withholding of removal and CAT protection based on the petitioner’s opposition to the possible female genital mutilation (FGM) of his daughters, finding that the fear that a child will be subjected to FGM is not a basis for relief to the parent. (Camara v. Holder, 7/26/13)
CA7 Holds K-4 Adjustment of Status Regulation Conflicts With INA
The court held that the limitations in 8 C.F.R. §245.1(i) on K visas conflicts with INA §101(a)(15)(K)(iii), noting that Congress intended K-4s to enter the U.S. and adjust status and that it sees no statutory reason for treating K-2s and K-4s differently. (Akram v. Holder, 7/9/13)
BIA Granted DHS’s Request to Withdraw Appeal After Amended Conviction Was No Longer Aggravated Felony
Unpublished BIA decision granting DHS' request to withdraw its appeal and upholding termination of proceedings after respondent withdrew of her guilty plea to possession of stolen vehicle in violation of Nev. Rev. Stat. 205.273(b)(1). Special thanks to IRAC. (Matter of Enriquez, 7/26/13)
BIA Finds Florida Grand Theft Conviction Is Not a CIMT
Unpublished BIA decision upholding the termination of proceedings upon finding the respondent's conviction for grand theft was not a crime involving moral turpitude. Special thanks to IRAC. (Matter of Butler, 7/26/13)
AILA Amicus Brief on Asylum and Reinstatement
AILA amicus brief arguing that the reinstatement regulations limiting protection from persecution to withholding of removal, which prevent individuals who are subject to reinstatement from applying for asylum, should be struck down.
CA8 on the Meaning of “Relating to a Controlled Substance” Under INA §237(a)(2)(B)(i)
The court upheld the BIA’s determination that the petitioner’s Kansas drug paraphernalia conviction is, categorically, “related to” a controlled substance within the meaning of §237(a)(2)(B)(i). (Mellouli v. Holder, 7/9/13)
CA9 Remands for BIA to Reconsider Death of Child in Parent’s Past Persecution Claim
The court remanded for the BIA to reconsider the denial of withholding, giving full weight to past persecution evidence of the death of the daughter of the petitioner, who was a Chinese Christian living in Indonesia. (Sumolang v. Holder, 7/25/13)
EOIR Relocating Denver Immigration Court
EOIR notice that the Denver Immigration Court will close on 8/1/13 to prepare for relocation. The Denver Immigration Court will recommence hearings at its new location on 8/6/13.
TRAC Report Indicating Number of ICE Detainers Dropped by 19%
Transactional Records Access Clearing House (TRAC) report indicating that during the first four months of FY2013, the number of ICE detainers issued declined by 19%. The largest number of detainers were issued by the Enforcement and Removal Operations Criminal Alien Program.