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
CA8 Finds No Objectively Reasonable Fear of Future Persecution for Kenyan Professor
The court denied asylum, upholding the BIA’s conclusion that the petitioner did not show an objectively reasonable fear of future persecution and rejecting the argument that the IJ violated due process rights by delaying his decision. (Wanyama v. Holder, 11/1/12)
VOICE: November/December 2012
The latest issue of VOICE includes information and practice advice on Temporary Protection Status for Syrians, how to handle a client with foreign convictions, what hurdles you might face in the virtual workplace, and much more!
Immigration Court and EOIR Office Closings for November 2, 2012
EOIR press release announcing that the New York City and Varick Street immigration courts will be closed on Friday, November 2, 2012 due to inclement weather.
Immigration Law Advisor, October 2012 (Vol. 6, No. 9)
Immigration Law Advisor, a legal publication from EOIR, with an article on Silva-Trevino and how different circuits handle CIMTs, as well as circuit court decisions for September 2012, recent BIA precedent decisions, and a regulatory update.
DOJ OIL October 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) October 2012 Litigation Bulletin where First Circuit ruled that spouse of an individual forced to undergo an abortion under China’s coercive population control policy is not automatically entitled to asylum & other decisions.
CBP Handout to Individuals Who May Be Eligible for DACA
CBP handout in English and Spanish directed at individuals who may be eligible for an exercise of prosecutorial discretion by CBP because they could be eligible for DACA. CBP released the handout on 2/28/13 in response to a FOIA request filed by AILA on 11/1/12.
Internal CBP FAQs on DACA
Internal CBP FAQs on DACA, including information on why DHS is announcing the DACA program now, how DACA differs from the DREAM Act, and how DACA differs from TPS. CBP released the FAQs on 2/28/13 in response to a FOIA request filed by AILA on 11/1/12.
CBP Guidance to Field on Encountering DACA-eligible Individuals
CBP guidance for the field on what to do if officers encounter an individual who may be eligible for DACA, including processing guidelines. CBP released the guidance on 2/28/13 in response to a FOIA request filed by AILA on 11/1/12.
CBP Memo on the Implementation of DACA
CBP memo dated 6/15/12 on implementing Secretary Napolitano’s memo concerning the exercise of prosecutorial discretion with respect to individuals who came to the U.S. as children. CBP released the memo on 2/28/13 in response to a FOIA request filed by AILA on 11/1/12.
BIA Filing Deadline Changes Due to Hurricane Sandy
Since Board of Immigration Appeals (BIA) was closed on October 29-30, 2012, EOIR announced that they will consider any filing “timely filed” if it was due on a weekday during the week of October 29, 2012 and the BIA received the filing on or before November 5, 2012.
Immigration Court and EOIR Office Closings for November 1, 2012
EOIR press release announcing that the New York City and Varick Street immigration courts will be closed on Thursday, November 1, 2012 due to inclement weather.
CA8 Finds Asylum Applicant Committed Serious, Nonpolitical Crime
The court upheld the BIA’s conclusion that the petitioner committed a “serious, nonpolitical crime” when he attacked a family planning official in China, and was thus ineligible for asylum under INA §208(b)(2)(A)(iii). (Zheng v. Holder, 10/31/12)
CA7 Holds §212(a)(9)(C)(i)(II) Trumps §245(i)
The court held that INA §212(a)(9)(C)(i)(II) precludes the petitioner from applying for adjustment of status pursuant to INA §245(i) or seeking a retroactive waiver of inadmissibility under 8 C.F.R. §212.2(e). (Nunez-Moron v. Holder, 10/30/12)
Immigration Court Closings for Wednesday, October 31, 2012
The following immigration courts remain closed on Wednesday, October 31, 2012 due to Hurricane Sandy: New York City; Varick Street; Newark; and Elizabeth. Filing deadlines at affected locations will be adjusted once they reopen.
EOIR and Immigration Court Closings Due to Inclement Weather - October 30, 2012
EOIR notice of the closure of a number of east coast immigration courts, EOIR Headquarters, and the BIA on Tuesday, October 30, 2012 due to Hurricane Sandy. Filing deadlines at affected locations will be adjusted once the courts and offices reopen.
EOIR to Close Immigration Court in Lancaster, California
EOIR press release on the closing of the Lancaster Immigration Court, located at 45100 N. 60th Street West, Lancaster, California, on October 31, 2012. All pending cases will be transferred to the Los Angeles Immigration Court for video teleconference hearings.
CA8 Denies Motion to Reopen Asylum Case Based on Material Change in Circumstances
The court held that two new letters in support of the petitioner’s asylum claim did not establish a change in circumstances or undermine the initial determination that he failed to establish a well-founded fear of persecution. (Lopez-Mendez v. Holder, 10/29/12)
USCIS Response to CIS Ombudsman’s 2011 Annual Report to Congress
USCIS response to the CIS Ombudsman’s 2011 Annual Report to Congress, which provides updates on specific programs and highlight Agency successes during FY2011.
DHS Letter on Enforcement Operations During Hurricane Sandy
DHS letter on CBP and ICE enforcement actions during Hurricane Sandy, stating that there will not be immigration enforcement initiatives associated with evacuations or sheltering related to Sandy, including the use of checkpoints for immigration purposes.
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)