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 Holds Connecticut Conviction for Risk of Injury to a Minor Is Not an Aggravated Felony
The court found that a CT statute prohibiting risk of injury to a minor fails to define a crime that requires sexual abuse for its commission and held that the petitioner was not convicted of an aggravated felony under §101(a)(43)(A). (Campbell v. Holder, 10/19/12)
CA9 Defers to Briones, Holds §212(a)(9)(C)(i)(I) Trumps §245(i)
In an en banc decision, the court gave deference to Matter of Briones, and held that individuals who are inadmissible under INA §212(a)(9)(C)(i)(I) may not seek adjustment of status under INA §245(i). (Garfias-Rodriguez v. Holder, 10/19/12)
CA5 Finds Texas Conviction for Assault Is CIMT
The court upheld the BIA’s determination that the petitioner’s conviction for assault under Texas Penal Code § 22.01(a)(1) was a CIMT because it was an intentional assault that caused physical injury. (Esparza-Rodriguez v. Holder, 10/18/12)
CA7 Denies Mexican Asylum and CAT Relief Claim
The court denied or dismissed three consolidated petitions for review filed by the Mexican petitioner, holding that it had no jurisdiction to review one petition and that the petitioner was not entitled to asylum or CAT relief. (Cruz-Mayaho v. Holder, 10/17/12)
ICE Public Advocate Voice Newsletter, October 2012 (Issue 2)
ICE October 2012 Public Advocate Voice newsletter announcing expansion of the deferred action for childhood arrivals (DACA) hotline into a new ICE Community Hotline, a profile on Women’s Refugee Commission, and information on visitation requests for detainees at ICE facilities.
AILA/USCIS Field Operations Liaison Q&As (10/16/12)
USCIS Field Operations official Q&As from a meeting with AILA on 10/4/12. Topics include NSEERS guidance, NTA issuance, RFE vs. NOID vs. denial, G-28s, biometrics, expedited advance parole, termination of conditional resident status, and more.
CA7 Holds IJ and BIA Erred in Considering 212(h) Waiver
The court held that the IJ and BIA relied on improper evidence in determining that the petitioner failed to exhibit rehabilitation, and that they overlooked material evidence related to the potential hardship his USC wife would suffer. (Lam v. Holder, 10/16/12)
CA2 Finds No Jurisdiction to Review Vacated BIA Order
The court held that the petition for review was moot because the court cannot provide effective relief from an order of removal that was vacated and replaced by an order that relied on materially different reasoning. (Fuller v. BIA, 10/16/12)
CA2 Temporarily Stays Review of Removal Cases
The court suspended action on removal cases in order for ICE to determine which cases are low priority under ICE guidelines or whether there are other reasons that ICE would be unlikely to promptly effect removal. (In the Matter of Immigration, 10/16/12)
AAO Finds Extreme Hardship, Reverses Waiver Denials
AAO approved the I-601 and I-212 waivers, finding the factors including hardship to the applicant’s USC wife and non-qualifying family members outweighed his use of fraudulent documents and unlawful presence. Courtesy of Russell Abrutyn.
DHS/EOIR MOA Regarding the Sharing of Information on Immigration Cases
Memorandum of Agreement between DHS and DOJ EOIR, signed in October 2012, regarding the sharing of information on immigration cases including clarification on the authority for DHS and EOIR to exchange immigration case data.
CA7 Upholds Ortego-Cabrera on Good Moral Character for Cancellation of Removal
The court held cancellation applicants must show good moral character in the 10 years immediately preceding a final administrative decision, and found the petitioner’s recent incarceration barred him from qualifying. (Duron-Ortiz v. Holder, 10/15/12, amended 11/6/12)
CA7 Finds It Has Jurisdiction Over Naturalization Case
The court held that the district court has jurisdiction to review a naturalization denial and issue a declaratory judgment while removal proceedings are pending, noting USCIS acted on the application before DHS began proceedings. (Klene v. Napolitano, 10/12/12)
USCIS Data on DACA Cases Received Through October 10, 2012
USCIS statistics on DACA cases from 8/15/12 to 10/10/12 which shows a total of 179,794 accepted DACA requests for processing, 158,408 biometric services appointments scheduled, 6,416 requests under review, and 4,591 requests approved.
CA1 Finds Prospect of CIR Is Not Good Cause for Continuance
The court upheld the IJ's and BIA’s decisions not to grant a continuance, finding that the prospect of comprehensive immigration reform was a speculative event that was insufficient to justify another continuance. (Sheikh v. Holder, 10/10/12)
New Jersey District Court on Mandatory Detention Under 236(c)
A New Jersey district court held that the “when released” language found in the mandatory detention provisions of INA § 236(c) mean that detention must occur immediately after release from criminal custody. Courtesy of Paul Grotas. (Charles v. Shanahan, 10/9/12)
CA9 Holds California Conviction for Attempted Kidnapping is Crime of Violence
The court held that the petitioner’s California conviction for attempted kidnapping is an aggravated felony, because under the statute, kidnapping presents a substantial risk of force and is thus a categorical crime of violence. (Delgado-Hernandez v. Holder, 10/9/12)
Practice Alert: The Correct I-765 Eligibility Category Under DACA
USCIS reminds stakeholders to use the correct eligibility category on Form I-765 for work authorizations under DACA, which is not the same eligibility category as work authorizations under regular deferred action.
ICE Memo on Prosecutorial Discretion for Long-Term, Same-Sex Partners
An ICE memo dated 10/5/12 clarifying how prosecutorial discretion should apply to family relationships involving long-term, same-sex partners, including information on which same-sex relationships “rise to the level of family relationships.”
U.S. Citizen Wrongfully Deported to Mexico Settles with Case
ACLU blog post about an American citizen with mental disabilities who was wrongfully detained by ICE and deported to Mexico, on settling his case against the federal government for $175,000.
Additional USCIS Data on DACA Cases Received Through 9/12/12
USCIS statistics on DACA cases from 8/15/12 to 9/12/12, including the number of cases received by each lockbox, rejected by each lockbox, accepted by state of residence, and accepted by country of birth, as well as the number of biometrics appointments scheduled.
BIA Remands Case to Determine Whether Asylum Applicant Could Have Relocated
The BIA remanded the asylum case to the IJ to determine whether the respondent could avoid future persecution by relocating to another part of Sri Lanka, and whether it would be reasonable to expect him to do so. Matter of M-Z-M-R-, 26 I&N Dec. 28 (BIA 2012)
CA9 Finds BIA Used Incorrect Standard to Review CAT Claim
The court held that the BIA failed to apply a “clear error” standard of review when it overruled the IJ’s grant of CAT protection, noting that the BIA “failed to grapple with the evidentiary record.” (Ridore v. Holder, 10/3/12)
CA10 Denies CAT Relief to Homosexual Applicant from Mexico
The court found that, while the petitioner had established past persecution on account of his homosexuality, DHS proved that changed circumstances in Mexico meant that the petitioner’s life would not be threatened if he were removed. (Neri-Garcia v. Holder, 10/3/12)
CA1 Denies Asylum to Applicant Whose Spouse Was Forced to Undergo an Abortion
The court held that the husband of a Chinese woman who was forced to undergo an abortion is not automatically "a person who has been forced to abort a pregnancy” under INA §101(a)(42)(B), and denied the petitioner’s asylum application. (Dong v. Holder, 10/3/12)