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
North Carolina Attorney General Asked to Reinstate Licenses for DACA Recipients with Work Permits
North Carolina Justice Center press release about joint letter asking state officials to reinstate policy that allowed young immigrants who have been authorized to be in the U.S. and granted work permits under a federal program to receive North Carolina driver’s licenses.
AILA Concerns Regarding USCIS DACA Guidance for Employers
AILA’s comments to USCIS Verification division regarding portions of the 11/19/12 “Guidance for Employers,” which provides information to employers in connection with DACA. Special thanks to Daniel Brown, Marketa Lindt, Bonnie Gibson, Sharon Mehlman and Kathleen Walker.
CA8 Finds BIA Failed to Consider Future Persecution Claim
The court found that while the petitioner did not establish that he experienced past persecution, the BIA failed to consider one aspect of his distinct claim of a well-founded fear of future persecution and remanded the case. (Tegegn v. Holder, 1/11/13)
CA9 Holds California Conviction for Simple Kidnapping Not Categorically a CIMT
The court held that simple kidnapping under CPC §207(a) is not categorically a CIMT because it does not involve any elements of a CIMT and California courts have applied the statutes to conduct that is not morally turpitudinous. (Castrijon-Garcia v. Holder, 1/9/13)
BIA Holds California Conviction for Indecent Exposure is CIMT
The Board held that a conviction for indecent exposure under California Penal Code §314(1), which includes the element of lewd intent, is categorically a crime involving moral turpitude. Matter of Cortes Medina, 26 I&N Dec. 79 (BIA 2013)
CA1 Denies Motion to Reopen Based on Ineffective Assistance of Counsel
The court upheld the conclusion that the motion to reopen was untimely, and that equitable tolling could not apply because the petitioner did not exercise due diligence in pursuing his case. (Bead v. Holder, 1/7/13)
Immigration Court and EOIR Office Closings for January 4, 2013
EOIR public statement announcing that the El Paso and El Paso Detained Immigration Courts will open at 10 am MST on Friday, January 4, 2013, due to inclement weather.
CA11 Finds BIA Erred in Making De Novo Factual Findings
The court held that the BIA erred in overturning the IJ’s finding that Petitioner would be forcibly sterilized upon returning to China because 8 CFR 1003.1(d)(3) empowers the BIA to review an IJ’s factual findings for clear error only. (Zhu v. U.S. Att’y Gen., 1/4/13)
Six Things You Need to Know about Stateside Processing of I-601A Waivers
Starting March 4, 2013, certain relatives of American citizens who are in the country illegally and need a waiver of unlawful presence before being eligible for a green card can get a decision on their case before leaving the United States. For those who can take advantage of the new rule, this mean
CA1 Denies Motion to Reconsider Based on Additional Ground for Relief
The court denied the petitioner’s motion to reconsider - which was based on a ground for relief not previously asserted, but previously available – because it did not identify any error of fact or law in the original decision. (Martinez-Lopez v. Holder, 1/4/13)
CA1 Finds Labor Certification Not Timely Filed for 245(i) Purposes
The court found that although the application was submitted on 4/16/01, communications with the SWA and the date-stamp of 7/5/01 were sufficient to support the BIA’s conclusion that the application was not timely filed for 245(i) purposes. (Wu v. Holder, 1/2/13)
DOJ Deposition Field Guide
In response to a FOIA request, the Department of Justice releases a copy of its Deposition Field Guide. This guide is used by attorneys at the DOJ’s Office of Immigration Litigation (OIL). Special thanks to Matthew Hoppock.
DOJ Admissibility Field Guide
In response to a FOIA request, the Department of Justice releases a copy of its Admissibility Field Guide. This guide is used by attorneys at the DOJ’s Office of Immigration Litigation (OIL). Special thanks to Matthew Hoppock.
DOJ OIL December 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) December 2012 Litigation Bulletin where the Eight Circuit ruled that an asylum applicant’s eight-hour detention and unattributed deaths of his children do not constitute past persecution of a particular social group.
Immigration Court & EOIR Closings for 2013 (Updated 8/15/13)
This page includes immigration court and EOIR closures for 2013.
Migration Policy Institute Report on Immigration Enforcement in the United States
Migration Policy Institute (MPI) January 2013 report entitled “Immigration Enforcement in the United States: The Rise of a Formidable Machinery” offering analysis of current immigration enforcement that began with passage of the Immigration Reform & Control Act (IRCA).
Immigration Law Advisor, November-December 2012 (Vol. 6, No. 10)
Immigration Law Advisor, a legal publication from EOIR, with an article on the cancellation of removal criminal bars, as well as circuit court decisions for October and November 2012, and recent BIA precedent decisions.
AILA, AIC and CLINIC Comment on Changes to Form I-131, Application for Travel Document
Joint comments of AILA, AIC, and CLINIC in response to proposed revisions to Form I-131. Changes include instructions for advance parole for Deferred Action for Childhood Arrivals (DACA) recipients and a revised travel warning in light of Arrabally and Yerrabelly.
AILA Amicus on Stay Applications While a Petition for Review Is Pending
AILA amicus brief arguing that the Supreme Court should grant a stay application while a petition for review is pending, noting that the government practices for ensuring the return of noncitizens who prevail on judicial review are limited, inconsistent, and complex.
CA9 Says IJ May Consider Criminal Act without Conviction in Denying Voluntary Departure
The court held that evidence of bad character is relevant to the IJ’s discretionary decision regarding voluntary departure and upheld the denial where Petitioner admitted to sexual conduct with a minor, even though he was not convicted. (Rojas v. Holder, 12/28/12)
Immigration Court and EOIR Office Closings for December 27, 2012
EOIR public statement announcing that the Cleveland, Ohio immigration court will be closed to the public beginning at 1pm EST on Wednesday, December 26, 2012 due to inclement weather.
Iowa Denies Drivers Licenses and ID cards to DACA recipients
The Iowa Department of Transportation released a press release announcing that the state would not issue driver's licenses or non-operator identification (ID) cards to persons granted Deferred Action for Childhood Arrivals (DACA) status.
ICE Detainee Dies at Phoenix, Arizona Hospital
ICE press release on the death of a 34-year-old Guatemalan national who died in ICE custody at a Phoenix, Arizona while undergoing treatment for diabetes complications. He is the first detainee to die in ICE custody in FY2013.
CA9 Upholds IJ’s Finding that Passenger in Car Engaged in Smuggling
The court distinguished Aguilar Gonzalez, finding that Petitioner was more than a passive participant in the attempted smuggling of a friend’s daughter, but rather knowingly participated in and aided the attempted entry. (Sanchez v. Holder, 12/26/12)
CA9 Discusses “Alternative Means of Immigrating” as a Hardship Factor
The court held that the BIA erred as a matter of law by considering Petitioner’s alternative means of immigrating to the U.S. at an undefined point in the future as a factor that necessarily undercuts her claim of hardship. (Arteaga-De Alvarez v. Holder, 12/26/12)