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
CA1 Says No Jurisdiction to Review Decision that Asylum Application Was Untimely
The court held it did not have jurisdiction to review the IJ’s decision that the asylum application was untimely and denied withholding, finding that the petitioner did not demonstrate past persecution or a likelihood future persecution. (Cabas v. Holder, 9/25/12)
DOJ OIL August 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) August 2012 Litigation Bulletin where Fourth Circuit holds that the material support bar does not contain a duress exemption or involuntary support exception & other issues related to key adjustment of status & asylum decisions.
Practice Advisory: Counseling Employers on DACA Issues
AILA provides a practice advisory for attorneys advising employers on DACA issues, including conflicts of interest, constructive knowledge and confidentiality of employer data in DACA apps. Special thanks to Kathleen Walker, Marketa Lindt, Richard Gump, and Sharon Mehlman.
BIA Holds Arizona Reckless Endangerment Conviction is CIMT
The BIA held that a conviction for “recklessly endangering another person with a substantial risk of imminent death” is a CIMT, despite defining reckless to include when a person is unaware of the risk due to intoxication. Matter of Leal, 26 I&N Dec. 20 (BIA 2012)
UNHCR Report on Detention Guidelines for Asylum Seekers
UNHCR report entitled “Detention Guidelines: Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alternatives to Detention” on the rights to liberty and security of person and to freedom of movement which apply to asylum-seekers.
BIA Holds Special Rule Cancellation Applicant Not Eligible for 212(h) Waiver
The BIA held that an applicant for special rule cancellation of removal cannot use a 212(h) waiver to overcome §240A(b)(2)(A)(iv), which bars persons who are inadmissible under §212(a)(2) from applying for cancellation. Matter of Y-N-P-, 26 I&N Dec. 10 (BIA 2012)
Change in DHS Policy on False Claims to USC by Minors on the Horizon
AILA has learned that DHS is in the process of changing its policy on false claims to USC by minors. We believe the new policy will protect certain minors from a false claim charge, and understand that written guidance is forthcoming.
CA9 Finds IJ Violated Right to Counsel by Denying Motion to Continue
The court found that the IJ violated the petitioner’s right to counsel by denying his motion to continue and requiring him to proceed unrepresented, and held that the petitioner did not need to show the violation prejudiced him. (Montes-Lopez v. Holder, 9/18/12)
CA9 on Modified Categorical Approach
The court held that the record of conviction was inconclusive as to whether the petitioner was convicted of an aggravated felony, and thus the petitioner did not satisfy his burden of showing he was eligible for cancellation of removal. (Young v. Holder, 9/17/12)
BIA Overturns IJ, Grants Non-LPR Cancellation of Removal
In an unpublished decision, the BIA granted non-LPR cancellation, holding that the respondent met the “exceptional and extremely unusual” hardship standard based on the qualifying child's "extraordinary academic achievements and potential." Courtesy of Nicolas Chavez.
CA3 Finds Petitioner Who Adjusted to LPR Status in U.S. Eligible for 212(h) Waiver
The court held that the petitioner was eligible for a 212(h) waiver because he adjusted to LPR status while in the U.S., and thus was never “admitted” to the U.S. as an “alien lawfully admitted for permanent residence.” (Hanif v. Att’y Gen., 9/14/12)
CA9 Finds No Right to Counsel for LPR “Applicant for Admission”
The court held the LPR petitioner had no right to counsel during questioning at the border because officers properly determined he was an “applicant for admission” based on their conclusion that he had engaged in illegal activity. (Gonzaga-Ortega v. Holder, 9/14/12)
CA9 Rebukes Government on Deportation of Exculpatory Witness
The court held that the government cannot deport witnesses who can provide exculpatory evidence for a criminal defendant - in this case charged with alien smuggling - without allowing defense counsel an opportunity to interview them. (U.S. v. Leal-Del Carmen, 9/14/12)
USCIS FAQs on Consideration of Deferred Action for Childhood Arrivals (Updated 9/14/12)
USCIS updated FAQs, as of 9/14/12 on DACA. New FAQs include information on travel, G-28s for attorneys providing pro bono services at group events, listing social security numbers, documenting continuous residence, information for employers, and more.
CA3 Says Exclusionary Rule Can Apply in Removal Proceedings
The court held that the exclusionary rule may apply in removal proceedings under certain circumstances, and granted a motion to reopen so the petitioner could subpoena other witnesses and introduce new documents. (Oliva-Ramos v. Atty’ Gen., 9/13/12, amended 11/6/12)
SSA Guidance to DACA Recipients on Obtaining an SSN
One-page SSA handout providing information to individuals granted deferred action for childhood arrivals (DACA) on the requirements and process for applying for a social security number.
AILA Letter to California Governor Jerry Brown in Support of the TRUST Act (AB 1081)
On 9/12/12, AILA sent a letter to California Governor Jerry Brown analyzing the impact of implementing the TRUST Act (AB 1081) and urging the Governor to support the bill.
Attorney Laptops Approved for Immigration Court Hearings
ICE Public Advocate alert that ICE will now allow private attorneys or accredited representatives appearing before an immigration judge on behalf of detainees to bring a laptop into EOIR courtrooms located within detention facilities.
CA8 Holds Asylum Applicant’s Daughter Is Unlikely To Be Subjected to FGM
The court upheld the IJ and BIA’s determination that the petitioner did not demonstrate a well-founded fear of persecution because it concluded that his daughter was unlikely to be subjected to FGM. (Hounmenou v. Holder, 9/11/12)
AILA Amicus on Prostitution as a CIMT
The AILA Amicus Committee filed an amicus brief with the Board, urging it to hold that simple prostitution is not categorically a crime involving moral turpitude (CIMT).
First Wave of DACA Grants Started
DHS has advised AILA that the first adjudications of requests for deferred action for childhood arrivals have been completed, and electronic notifications are being sent.
BIA Holds Asylum Applicant Committed Serious Nonpolitical Crime
The BIA held that the applicant had committed a serious, nonpolitical crime in Cote d’Ivoire and was ineligible for relief after finding that the criminal conduct was disproportionate to its political character. Matter of E-A-, 26 I&N Dec. 1 (BIA 2012)
EOIR to Relocate Arlington, VA Immigration Court
EOIR press release announcing that it will close its Arlington, VA Immigration Court on 9/12/12 to prepare for relocation. The Arlington Immigration Court will recommence hearings at the new location on 9/18/12 at 1901 South Bell Street, Suite 200, Arlington, VA 22202.
CA3 Remands Jamaican CAT Claim By Mentally Ill Petitioner
The court granted the petition for review, finding that the BIA applied an incorrect legal standard and failed to adequately consider the argument that Jamaican prison inmates would sexually assault Petitioner because of his mental illness. (Roye v. Att’y Gen., 9/10/12)
OSC Technical Assistance Letter on DACA Hiring Process
A 9/10/12 letter from DOJ Special Counsel Seema Nanda on whether those receiving deferred action for childhood arrivals (DACA) can be legally hired, and, if so, what documents constitute proof that they are authorized to work in the United States.