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
AILA Amicus on Asylum Claims Based on Domestic Violence
AILA amicus brief submitted to the BIA on 11/14/12, arguing that domestic violence may form the basis of an asylum or withholding of removal claim.
BIA on Definition of Particularly Serious Crime for Asylum Purposes
The BIA held that Matter of N-A-M-, which held that an offense need not be an aggravated felony to be considering a particularly serious crime for purposes of barring asylum, applies to cases in the Third Circuit. Matter of M-H-, 26 I&N Dec. 46 (BIA 2012)
USCIS Policy Memo on TRIG Exemption for Participation in Iraqi Uprisings
USCIS policy memo dated 11/12/12 with guidance on implementation of a terrorism-related inadmissibility ground (TRIG) exemption for certain individuals who are inadmissible due to participation in or association with the Iraqi uprisings from 3/1/1991 through 4/5/1991.
Immigration Court and EOIR Office Closings for November 9, 2012
EOIR press release announcing that the Varick Street immigration court will be closed to the public on Friday, November 9, 2012 & re-open for hearings on 11/13/12. All hearings initially scheduled during period of emergency closure will be rescheduled upon courts re-opening.
CA4 Holds Petitioner Who Adjusted to LPR Status in U.S. is Eligible for 212(h) Waiver
Citing its decision in Bracamontes v. Holder, the court held that the petitioner, who entered the U.S. illegally and adjusted to LPR status through an employment-based petition while in the U.S., is eligible to seek a 212(h) waiver. (Leiba v. Holder, 11/9/12)
CA1 Denies Guatemalan Withholding Claim
The court held that the petitioner did not show that the persecution of his family members was causally linked to family membership and found that “victims of gang threats and possible extortion” is an overly broad social group. (Tay-Chan v. Holder, 11/9/12)
CA1 Denies Asylum Based on Perceived Wealth of Family
The court held that the petitioner had not provided sufficient evidence to establish a well-founded fear of persecution based on his family membership, and rejected the argument that his family was targeted for their perceived wealth. (Perlera-Sola v. Holder, 11/9/12)
CA6 Denies Senegalese Asylum Claim Based on FGM
The court rejected the petitioner’s asylum claim based on her fear that her daughters will be subject to FGM if they return to Senegal, and held that DHS rebutted the presumption of future persecution based on her own resistance to FGM. (Dieng v. Holder, 11/8/12)
CA11 Denies Untimely Motion to Reopen Based on Ineffective Assistance of Counsel
The court upheld the BIA’s decision to deny the untimely motion to reopen based on ineffective assistance of counsel, and found the petitioner failed to demonstrate changed circumstances in gang violence in Honduras. (Ruiz-Turcios v. U.S. Att’y Gen., 11/8/12)
Immigration Court and EOIR Office Closings for November 8, 2012
EOIR press release announcing that the Varick Street immigration court will be closed on Thursday, November 8, 2012. All hearings initially scheduled during the period of emergency closure will be rescheduled upon the courts re-opening.
AILA ICE Liaison Committee Meeting Q&As (11/8/12)
AILA ICE Liaison Committee questions and answers from the 11/8/12 liaison meeting with ICE, including information on prosecutorial discretion, communication with ICE OCC, DACA, the Risk Classification Assessment tool, bond hearings, and stays of removal.
DOJ OSC Fall 2012 Newsletter
DOJ Office of Special Counsel (OSC) newsletter for the fourth quarter of 2012 covering issues related to enforcement activities, webinar schedules, temporary protected status (TPS) on Haiti, guidance on deferred action for childhood arrivals (DACA) and more.
Immigration Court and EOIR Office Closings for November 7, 2012
EOIR press release announcing that the New York City and Varick Street immigration courts will be closed on Wednesday, November 7, 2012. All hearings initially scheduled during the period of emergency closure will be rescheduled upon the courts re-opening.
CA8 Remands Asylum and Cancellation Case to BIA
The court remanded the case, holding that the BIA’s basis for rejecting the asylum claim was unclear and may have relied on an incorrect statement of law, and that it engaged in improper fact-finding when considering the cancellation claim. (Flores v. Holder, 11/7/12)
CA8 Upholds Denial of Motion to Terminate under FFOA
The court denied the petitioner’s asylum application, and rejected her argument that the BIA erred in denying her petition to terminate removal proceedings under the Federal First Offender Act (FFOA). (Brikova v. Holder, 11/7/12)
CA5 Holds Petitioner with Pre-IIRIRA Jury Conviction Eligible for §212(c) Relief
Relying on Vartelas, the court concluded that IIRIRA’s repeal of INA §212(c) could not be applied retroactively to the petitioner, who was convicted of an aggravated felony in a jury trial before IIRIRA was passed. (Carranza-De Salinas v. Holder, 11/6/12)
Immigration Court and EOIR Office Closings for November 6, 2012
EOIR press release announcing that the New York City and Varick Street immigration courts will be closed on Tuesday, November 6, 2012 due to inclement weather. All other immigration courts, the Board of Immigration Appeals, and EOIR headquarters are open as scheduled.
BIA Questions on Particular Social Group
The BIA issued a notice of oral argument in an asylum case before the BIA. The notice listed questions related to particular social group claims for counsel to be prepared to discuss at the hearing, including questions on the social visibility and particularity requirements.
Immigration Court and EOIR Office Closings for November 5, 2012
EOIR press release announcing that the New York City and Varick Street immigration courts will be closed on Monday, November 5, 2012 due to inclement weather. All other immigration courts, the Board of Immigration Appeals, and EOIR headquarters are open as scheduled.
CA4 on Adverse Credibility Determinations
The court denied withholding of removal and CAT relief, upholding the IJ’s adverse credibility determination and rejecting the petitioner’s argument that the IJ and BIA misapplied REAL ID’s credibility provisions. (Singh v. Holder, 11/5/12)
CA1 on "Social Visibility" in Asylum Cases
The court denied the withholding applications which were based on the petitioners’ fear that their U.S. citizen son could be kidnapped if they returned to Mexico, after discussing the “social visibility” requirement. (Rojas-Perez v. Holder, 11/5/12)
BIA on Jurisdiction After Respondent Voluntarily Returned to Mexico
The BIA held that the respondent’s voluntary return to Mexico did not divest the IJ of jurisdiction, and that the IJ erred in terminating removal proceedings instead of proceeding with an in absentia hearing. Matter of Sanchez-Herbert, 26 I&N Dec. 43 (BIA 2012)
DHS Privacy Impact Assessment (PIA) Report on FALCON Tipline
DHS Privacy Impact Assessment (PIA) report from 11/2/12 on FALCON Tipline,, which supports the maintenance of tips received by HSI Tipline Unit about suspicious activity or suspected illegal activity & the referral of this information to HSI field offices for investigation.
DHS Privacy Impact Assessment (PIA) Report on FALCON Search System
DHS Privacy Impact Assessment (PIA) report from 11/2/12 on FALCON Search & Analysis System which enables ICE personnel to search, analyze & visualize volumes of existing information to help enforce & investigate violations of U.S. criminal & administrative laws.
NSC Stakeholder Newsletter, October 2012
NSC October 2012 stakeholder newsletter, which includes information on developments on deferred action for childhood arrivals (DACA), derivate refugee and asylum status, and more.