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
Petition for a Writ of Habeas Corpus and Motion for Release or Bond
Sample petition for a writ of habeas corpus challenging the continuing detention of an alien who received post-conviction relief and accompany motion for temporary restraining order granting release or bond in the alternative (2004). (Complaint, Amendment, Other Pleading)
AILA Liaison OSC Meeting Minutes (10/23/12)
Minutes from the AILA Verification & Documentation Liaison Committee’s 10/23/12 meeting with DOJ’s Office of Special Counsel. Topics include DACA, E-Verify, electronic I-9s, TALs, current priorities and trends, and more. Special thanks to Montserrat Miller and Marketa Lindt.
BIA Holds “Single Offense” Exception Can Include More Than One Statutory Crime
The BIA held the respondent was not subject to mandatory detention because her convictions for marijuana and drug paraphernalia possession were related to a single incident and covered by the §237(a)(2)(B)(i) exception. Matter of Davey, 26 I&N Dec. 37 (BIA 2012)
TRAC Files FOIA Lawsuit Against ICE on Detention Records
Transactional Records Access Clearinghouse (TRAC) press release on FOIA lawsuit challenging an ICE ruling that its master repository of investigations is off-limits to the public, especially on the complete records of every internal inspection at ICE detention facilities.
CA1 Upholds Denial of Asylum Based on Resistance to Guerilla Recruitment
The court held that there was no evidence that guerillas targeted the petitioner for recruitment because of his political opinion, and found that “Guatemalan nationals repatriated from the U.S.” is not a particular social group. (Escobar v. Holder, 10/22/12)
CA1 Finds Connecticut Drug Offense Is an Aggravated Felony
The court held that a conviction under Conn. Gen. Stat. §21a-277(b) is not categorically an aggravated felony, but that the charging document established that the petitioner pleaded guilty to possessing a controlled substance with intent to sell. (James v. Holder, 10/19/12)
CA1 Holds Connecticut Conviction for Risk of Injury to a Minor Is Not an Aggravated Felony
The court found that a CT statute prohibiting risk of injury to a minor fails to define a crime that requires sexual abuse for its commission and held that the petitioner was not convicted of an aggravated felony under §101(a)(43)(A). (Campbell v. Holder, 10/19/12)
CA9 Defers to Briones, Holds §212(a)(9)(C)(i)(I) Trumps §245(i)
In an en banc decision, the court gave deference to Matter of Briones, and held that individuals who are inadmissible under INA §212(a)(9)(C)(i)(I) may not seek adjustment of status under INA §245(i). (Garfias-Rodriguez v. Holder, 10/19/12)
CA5 Finds Texas Conviction for Assault Is CIMT
The court upheld the BIA’s determination that the petitioner’s conviction for assault under Texas Penal Code § 22.01(a)(1) was a CIMT because it was an intentional assault that caused physical injury. (Esparza-Rodriguez v. Holder, 10/18/12)
CA7 Denies Mexican Asylum and CAT Relief Claim
The court denied or dismissed three consolidated petitions for review filed by the Mexican petitioner, holding that it had no jurisdiction to review one petition and that the petitioner was not entitled to asylum or CAT relief. (Cruz-Mayaho v. Holder, 10/17/12)
CA7 Holds IJ and BIA Erred in Considering 212(h) Waiver
The court held that the IJ and BIA relied on improper evidence in determining that the petitioner failed to exhibit rehabilitation, and that they overlooked material evidence related to the potential hardship his USC wife would suffer. (Lam v. Holder, 10/16/12)
CA2 Finds No Jurisdiction to Review Vacated BIA Order
The court held that the petition for review was moot because the court cannot provide effective relief from an order of removal that was vacated and replaced by an order that relied on materially different reasoning. (Fuller v. BIA, 10/16/12)
CA2 Temporarily Stays Review of Removal Cases
The court suspended action on removal cases in order for ICE to determine which cases are low priority under ICE guidelines or whether there are other reasons that ICE would be unlikely to promptly effect removal. (In the Matter of Immigration, 10/16/12)
AAO Finds Extreme Hardship, Reverses Waiver Denials
AAO approved the I-601 and I-212 waivers, finding the factors including hardship to the applicant’s USC wife and non-qualifying family members outweighed his use of fraudulent documents and unlawful presence. Courtesy of Russell Abrutyn.
ICE Public Advocate Voice Newsletter, October 2012 (Issue 2)
ICE October 2012 Public Advocate Voice newsletter announcing expansion of the deferred action for childhood arrivals (DACA) hotline into a new ICE Community Hotline, a profile on Women’s Refugee Commission, and information on visitation requests for detainees at ICE facilities.
AILA/USCIS Field Operations Liaison Q&As (10/16/12)
USCIS Field Operations official Q&As from a meeting with AILA on 10/4/12. Topics include NSEERS guidance, NTA issuance, RFE vs. NOID vs. denial, G-28s, biometrics, expedited advance parole, termination of conditional resident status, and more.
DHS/EOIR MOA Regarding the Sharing of Information on Immigration Cases
Memorandum of Agreement between DHS and DOJ EOIR, signed in October 2012, regarding the sharing of information on immigration cases including clarification on the authority for DHS and EOIR to exchange immigration case data.
CA7 Upholds Ortego-Cabrera on Good Moral Character for Cancellation of Removal
The court held cancellation applicants must show good moral character in the 10 years immediately preceding a final administrative decision, and found the petitioner’s recent incarceration barred him from qualifying. (Duron-Ortiz v. Holder, 10/15/12, amended 11/6/12)
CA7 Finds It Has Jurisdiction Over Naturalization Case
The court held that the district court has jurisdiction to review a naturalization denial and issue a declaratory judgment while removal proceedings are pending, noting USCIS acted on the application before DHS began proceedings. (Klene v. Napolitano, 10/12/12)
CA1 Finds Prospect of CIR Is Not Good Cause for Continuance
The court upheld the IJ's and BIA’s decisions not to grant a continuance, finding that the prospect of comprehensive immigration reform was a speculative event that was insufficient to justify another continuance. (Sheikh v. Holder, 10/10/12)
USCIS Data on DACA Cases Received Through October 10, 2012
USCIS statistics on DACA cases from 8/15/12 to 10/10/12 which shows a total of 179,794 accepted DACA requests for processing, 158,408 biometric services appointments scheduled, 6,416 requests under review, and 4,591 requests approved.
New Jersey District Court on Mandatory Detention Under 236(c)
A New Jersey district court held that the “when released” language found in the mandatory detention provisions of INA § 236(c) mean that detention must occur immediately after release from criminal custody. Courtesy of Paul Grotas. (Charles v. Shanahan, 10/9/12)
CA9 Holds California Conviction for Attempted Kidnapping is Crime of Violence
The court held that the petitioner’s California conviction for attempted kidnapping is an aggravated felony, because under the statute, kidnapping presents a substantial risk of force and is thus a categorical crime of violence. (Delgado-Hernandez v. Holder, 10/9/12)
Practice Alert: The Correct I-765 Eligibility Category Under DACA
USCIS reminds stakeholders to use the correct eligibility category on Form I-765 for work authorizations under DACA, which is not the same eligibility category as work authorizations under regular deferred action.
ICE Memo on Prosecutorial Discretion for Long-Term, Same-Sex Partners
An ICE memo dated 10/5/12 clarifying how prosecutorial discretion should apply to family relationships involving long-term, same-sex partners, including information on which same-sex relationships “rise to the level of family relationships.”