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
TRAC Report on Continued Decline in Criminal Immigration Prosecutions
Transactional Records Access Clearinghouse (TRAC) November 2012 report showing continued decline in number of criminal prosecutions resulting from referrals made by ICE and CBP agents, with 81,496 prosecutions filed in the last 12 months, nearly 10% fewer than in August 2011.
USCIS Filing Tips for Deferred Action for Childhood Arrivals
USCIS fact sheet reminding people that consideration for deferred action for childhood arrivals involves several steps, including multiple forms, evidence and fees. This fact sheet provides tips to avoid having requests rejected or delayed because of common filing errors.
USCIS Guidance for Employers on Deferred Action for Childhood Arrivals (DACA)
USCIS fact sheet providing specific guidance to employers on the treatment of employment authorization documents (EADs) issued by USCIS to deferred action for childhood arrival (DACA) recipients and how employers should process Form I-9 in these cases.
CA4 Holds Asylum Applicant is Subject To Material Support Bar
The court found that the BIA did not err when it held that the petitioner was statutorily ineligible for asylum and withholding of removal because he was a member of, and provided material support to, a terrorist organization. (Viegas v. Holder, 11/19/12)
Supreme Court Once Again Wrestles with Immigration Consequences of Guilty Pleas in Chaidez v. U.S.
AILA Amicus Committee alert on Chaidez v. U.S, where the Supreme Court will hear arguments to determine whether Padilla v. Kentucky applies retroactively.
AILA’s New Members Division Newsletter, November 2012 (Vol. 4, Issue 7)
In this issue, learn how to prepare your firm and clients for a natural disaster, see what AILA’s Colorado Chapter learned after hosting a DACA workshop, and get ten tips for representing an EB-5 investor.
AILA’s Pro Bono Newsletter, Fall 2012
In this issue, find out how AILA chapters and members are springing into DACA action, read about the 2012 Maggio Fellow’s amazing summer, and check out the new “Voices of Pro Bono” feature!
BIA Reverses IJ, Grants Cancellation of Removal
In an unpublished decision, the BIA determined that the respondents were eligible for cancellation of removal in part because of the hardship to their USC daughter, who is an extremely talented dancer and would be unable to continue her career. Courtesy of Kevin Crabtree.
BIA on Determining Whether LPR is Applicant for Admission
The BIA held that when DHS paroled a returning LPR, it did not need to have all the evidence to sustain its burden of proving the LPR was an applicant for admission until the time of the removal proceeding. Matter of Valenzuela-Felix, 26 I&N Dec. 53 (BIA 2012)
USCIS Data on DACA Cases Received Through November 15, 2012
USCIS statistics on DACA cases from 8/15/12 to 11/15/12 which shows a total of 298,834 accepted DACA requests for processing, 273,203 biometric services appointments scheduled, 124,572 requests under review, and 53,273 requests approved.
NGO Report on Ten Worst Prisons for Immigrants in America
Detention Watch Network (DWN) report from 11/15/12 outlining acute and chronic human right violations occurring in immigration detention in the United States today, identifying ten prisons and jails that are among the worst where immigrants are detained by the U.S. government.
ICE Launches Second Phase of Community and Detainee Helpline
ICE press release on launch of second phase of Community amd Detainee Helpline (CDH) where detainees from ERO Washington, Baltimore, Atlanta, Miami, and New Orleans can directly contact Office of Public Advocate by telephone through toll-free telephone systems in the facilities.
CA10 Upholds BIA Interpretation of Continuous Physical Presence Statute
The court upheld the BIA’s determination that the petitioner did not satisfy the continuous physical presence requirement for cancellation of removal because his voluntary return to Mexico was under threat of removal proceedings. (Barrera-Quintero v. Holder, 11/15/12)
AILA/EOIR Liaison Meeting Minutes (11/15/12)
Official minutes from the AILA EOIR and OCAHO Liaison Committees’ meeting with EOIR on 11/15/12. Topics include publication of OCAHO decisions, OCAHO caseload, ICPM and court practices, telephonic hearings, bond hearings, asylum filings, regulatory updates, and more.
AILA Amicus on Asylum Claims Based on Domestic Violence
AILA amicus brief submitted to the BIA on 11/14/12, arguing that domestic violence may form the basis of an asylum or withholding of removal claim.
EOIR Updates Sections of Immigration Court Practice Manual
EOIR 11/14/12 update of several different sections of the Immigration Court Practice Manual, including providing updated addresses for the Headquarters and Arlington Immigration Courts in Appendix A of the Practice Manual.
BIA on Definition of Particularly Serious Crime for Asylum Purposes
The BIA held that Matter of N-A-M-, which held that an offense need not be an aggravated felony to be considering a particularly serious crime for purposes of barring asylum, applies to cases in the Third Circuit. Matter of M-H-, 26 I&N Dec. 46 (BIA 2012)
USCIS Policy Memo on TRIG Exemption for Participation in Iraqi Uprisings
USCIS policy memo dated 11/12/12 with guidance on implementation of a terrorism-related inadmissibility ground (TRIG) exemption for certain individuals who are inadmissible due to participation in or association with the Iraqi uprisings from 3/1/1991 through 4/5/1991.
CA4 Holds Petitioner Who Adjusted to LPR Status in U.S. is Eligible for 212(h) Waiver
Citing its decision in Bracamontes v. Holder, the court held that the petitioner, who entered the U.S. illegally and adjusted to LPR status through an employment-based petition while in the U.S., is eligible to seek a 212(h) waiver. (Leiba v. Holder, 11/9/12)
CA1 Denies Guatemalan Withholding Claim
The court held that the petitioner did not show that the persecution of his family members was causally linked to family membership and found that “victims of gang threats and possible extortion” is an overly broad social group. (Tay-Chan v. Holder, 11/9/12)
CA1 Denies Asylum Based on Perceived Wealth of Family
The court held that the petitioner had not provided sufficient evidence to establish a well-founded fear of persecution based on his family membership, and rejected the argument that his family was targeted for their perceived wealth. (Perlera-Sola v. Holder, 11/9/12)
Immigration Court and EOIR Office Closings for November 9, 2012
EOIR press release announcing that the Varick Street immigration court will be closed to the public on Friday, November 9, 2012 & re-open for hearings on 11/13/12. All hearings initially scheduled during period of emergency closure will be rescheduled upon courts re-opening.
AILA ICE Liaison Committee Meeting Q&As (11/8/12)
AILA ICE Liaison Committee questions and answers from the 11/8/12 liaison meeting with ICE, including information on prosecutorial discretion, communication with ICE OCC, DACA, the Risk Classification Assessment tool, bond hearings, and stays of removal.
CA6 Denies Senegalese Asylum Claim Based on FGM
The court rejected the petitioner’s asylum claim based on her fear that her daughters will be subject to FGM if they return to Senegal, and held that DHS rebutted the presumption of future persecution based on her own resistance to FGM. (Dieng v. Holder, 11/8/12)
Immigration Court and EOIR Office Closings for November 8, 2012
EOIR press release announcing that the Varick Street immigration court will be closed on Thursday, November 8, 2012. All hearings initially scheduled during the period of emergency closure will be rescheduled upon the courts re-opening.