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
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)
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.
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.
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.
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.
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.
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.
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.
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)
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)
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.
AILA Notes on Liaison Q&As with SCOPS (2/27/13)
AILA notes from a teleconference with SCOPS on 2/27/13. Topics include H-1B filing tips, NIW RFEs, contacting NSC regarding an I-485 that is current, I-821D processing times, and number of photos required for I-485 filings.
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.
EOIR FY2012 Statistical Year Book
EOIR FY2012 Statistical Year Book, which includes a compilation of figures and tables on individuals who have appeared before an immigration judge or the Board of Immigration Appeals.
AILA Supports the Military Enlistment Opportunity Act
AILA applauds the introduction last month of H.R. 435, the Military Enlistment Opportunity Act, by Congressman Mike Coffman (R-CO) that provides an opportunity for immigrants to serve in our Armed Forces, and urges Congress to make the bill part of a broader reform effort.
ICE Statement on Release of Individuals from Immigration Detention
ICE statement regarding the release of certain individuals from immigration detention.
Immigration Court and EOIR Office Closings for February 26, 2013
EOIR public statement announcing that the Kansas City, Missouri immigration court will be closed on Tuesday, February 26, 2013 due to inclement weather conditions.
BIA Reopens Case 10 Years After It Affirmed IJ's Decision
Unpublished BIA decision vacating 2003 order upon respondent's untimely motion to reopen/reconsider due to ineffective assistance of counsel and problems with IJ’s frivolous finding, and stating respondent may on remand apply for any eligible relief in removal proceedings. Courtesy of Shanshan Zhou.
Immigration Court and EOIR Office Closings for February 25, 2013
EOIR public statement announcing that the Denver, Colorado immigration court will open at 10am on Monday, February 25, 2013 due to inclement weather conditions.
Practice Pointer: Waivers and Court Documents for U Visa Applicants
AILA Liaison and the Mexico City District Chapter remind members to identify the specific ineligibilities that apply to the U visa applicant and seek a waiver for each ineligibility, and to instruct the applicant to bring all court documents to the visa interview.
Immigration Court and EOIR Office Closings for February 22, 2013
EOIR public statement announcing that the Kansas City, Missouri immigration court will be closed on Friday, February 22, 2013 due to inclement weather conditions.
District Court Says 236(c) Requires Immediate Release from Criminal Custody
The District Court in New Jersey held that Petitioner’s detention was governed by INA 236(a) rather than 236(c) because DHS waited 13 years after his release from criminal custody to take him into immigration custody. Courtesy of Paul Grotas. (Almonte v. Hendricks, 2/22/13)