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
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.
DHS Advises On Various DACA Process Questions
Information from DHS on DACA process issues includes expected timing of process, handling of denials, and upcoming FAQ.
CA2 Remands Asylum Claim Based on Opposition to Workplace Corruption
The court held that the BIA applied the wrong legal standard when assessing whether the petitioner’s opposition to corruption constituted a political opinion, and that it erred by failing to consider his claim of imputed political opinion. (Yu v. Holder, 9/7/12)
CA3 Finds Petitioner Ineligible for 212(h) Waiver
The court found the petitioner was ineligible for a 212(h) waiver, rejecting his argument that he was never "lawfully" admitted to the U.S. as an LPR because he attained LPR status through fraud or misrepresentation. (Martinez v. Att’y Gen., 9/6/12)
CA9 Holds Written Advisals Are Sufficient Notice of Frivolous Asylum Application Consequences
The court held that the written advisals provided on Form I–589 asylum application are sufficient notice under INA §208(d)(4)(A) of the consequences of filing a frivolous asylum application. (Cheema v. Holder, 9/6/12)
CA9 Holds CA Sexual Battery is Not Aggravated Felony
The court granted the petition, holding that the crime of sexual battery in California is not categorically an aggravated felony, and that none of the evidence they could consider established that the petitioner’s victim was a minor. (Sanchez-Avalos v. Holder, 9/4/12)
CA1 Denies Ukrainian Asylum Claim Based on Pentecostal Beliefs
The court denied the petitioner’s applications for asylum, withholding, and CAT relief, finding the mistreatment she suffered in the Ukraine on account of her Pentecostal religious beliefs did not rise to the level of persecution. (Rebenko v. Holder, 9/4/12)
1st Things First (September 2012)
September 2012 edition of 1st Things First. Courtesy of the AILA New England Chapter.
CIS Ombudsman’s Office September 2012 Quarterly Update
CIS Ombudsman’s Office September 2012 Quarterly Update with information on the 2012 Annual Report to Congress, highlights from current areas of focus in the Ombudsman’s Office, examples of case assistance provided by Ombudsman’s Office & information about DHS initiatives.
DHS Report on Immigration Enforcement Actions for 2011
September 2012 DHS Office of Immigration Statistics report estimating that CBP found 212,000 foreign nationals inadmissible for entry into the United States, DHS made 642,000 apprehensions of foreign nationals and ICE removed an all-time high 188,000 criminals from the U.S.
VOICE: September/October 2012
This special edition of VOICE is dedicated to Deferred Action for Childhood Arrivals. Find the advice and resources you need to successfully manage your DACA cases!
Immigration Law Advisor, July-August 2012 (Vol. 6, No. 7)
Immigration Law Advisor, a legal publication from EOIR, with an article analyzing child abuse and rape in immigration law, as well as circuit court decisions for June and July 2012, recent BIA precedent decisions, and a regulatory update.
ICE Public Advocate Voice Newsletter, August 2012 (Issue 1)
ICE August 2012 Public Advocate Voice newsletter on deferred action for childhood arrivals (DACA), Know Your Rights videos, LGBT training materials and more.
CRS Report on Immigration Detainers
Congressional Research Service (CRS) report from 8/31/12 called “Immigration Detainers: Legal Issues” surveying the various legal authorities governing immigration detainers, including the standard detainer form (Form I-247) sent by ICE to other law enforcement agencies.
CA7 Finds No Jurisdiction to Review Motion to Reopen
The court held that it did not have jurisdiction to review the petitioner’s motion to reopen the reinstatement order. (Tapia-Lemos v. Holder, 8/31/12)
CA7 Denies Withholding Request Based on Factory Protest
The court denied the petitioner’s request for withholding of removal, finding that his protest at a state-owned factory was economic, not political, activity and that any persecution he endured was not because of a protected ground. (Liu v. Holder, 8/31/12)
CA9 Remands Case to Determine Term of Imprisonment
In order to decide whether the petitioner is eligible for relief under former 212(c), the court remanded to determine whether the petitioner’s term of imprisonment was over five years given his time in pre-trial psychiatric confinement. (Corpuz v. Holder, 8/31/12)
CA3 Finds Petitioner Subject to Removal After Passing Natz Exam
The court held that the petitioner was subject to removal for his 2008 drug-related convictions even though he had completed his naturalization examination in 1998 because he was never scheduled for nor took the required oath. (Duran-Pichardo v. Att’y Gen., 8/31/12)
CAP Report on Consequences of Legalization Versus Mass Deportation
Center for American Progress report describing direct impacts of either deporting or legalizing undocumented workers, showing economic contributions of immigrants, both documented and undocumented, for seven states.
HHS Notice on PCIP Program Definition of “Lawfully Present”
HHS notice of amendment to interim final rule on amending definition of “lawfully present” for rules governing health insurance exchanges & tax credits to ensure that people applying for deferred action are not eligible. Comments are due 10/29/12. (77 FR 52614, 8/30/12)
Immigration Officials Advise Educators on Deferred Action
Education Week blog post about school records being among the key documents that young undocumented immigrants must submit in deferred action requests, where they must demonstrate that they are currently enrolled in school, have graduated from high school or obtained a GED.
HHS Letter Announcing DACA Grantees Not Eligible for Medicaid
Letter from the HHS Centers for Medicare & Medicaid Services informing state health officials and Medicaid directors that individuals who qualify for Deferred Action for Childhood Arrivals (DACA) will not be eligible for Medicaid and CHIP under the CHIPRA state option.
CA2 Holds VWP Entrant Cannot Contest Removal Through Adjustment of Status
The court held that a Visa Waiver Program (VWP) participant could not contest her removal on the basis of an adjustment of status application filed after the 90-day period during which a VWP participant may stay in the country. (Gjerjaj v. Holder, 8/28/12)
AAO Finds Applicant Did Not Willfully Misrepresent Criminal History
In an unpublished decision, the AAO found the applicant did not willfully misrepresent his criminal history because he did not understand the meaning of “moral turpitude,” and granted a 212(h) waiver for other grounds of inadmissibility. Courtesy of Steven Heller.
DHS Letter on Immigration Enforcement During Tropical Storm Isaac
DHS letter from 8/27/12 stating that there will be no immigration enforcement initiatives associated with evacuations or sheltering related to Tropical Storm Isaac, including the use of checkpoints for immigration enforcement purposes in impacted areas during an evacuation.