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
Grassley and Smith Ask for Details on DACA Background Checks
A 10/02/12 letter from Senator Grassley (R-IA) and Representative Smith (R-TX) to Secretary Napolitano, requesting details about the background checks being conducted for DACA applicants.
CA9 Upholds the Rule of Law and Limits Chevron Deference for Children Who “Age-Out” During the Green Card Process
AILA Amicus Committee alert on De Osorio v. Mayorkas, which found that children who are under the age of 21 when they are listed as a “derivative” as a permanent residence application should be able to retain their place in line even if they turn 21 before the immigrant visa is issued.
AILA/USCIS HQ Liaison Q&As (10/9/12)
Official minutes of the 10/9/12, AILA liaison meeting with USCIS HQ. Topics include transition to paperless I-94, processing times, Entrepreneurs in Residence, H-1B “specialty occupation,” Adam Walsh Act, ability to pay, physical therapists, NTAs for TPS denials, and more.
United States and Mexico Begin “Interior Repatriation Initiative”
ICE press release on the beginning of the Interior Repatriation Initiative (IRI), a new U.S.-Mexico pilot to provide humane, safe and orderly repatriation of Mexican nationals to the interior of Mexico and ultimately to their hometowns, not to towns on the U.S.-Mexico border.
DOJ OIG Report on EOIR Management of Immigration Cases and Appeals
DOJ Office of Inspector General October 2012 report called “Management of Immigration Cases and Appeals by the Executive Office for Immigration Review” which found that immigration court performance reports are incomplete and overstate the actual accomplishments of these courts.
DOJ OIL September 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) September 2012 Litigation Bulletin where the First Circuit held that isolated incidents of mistreatment based on claimed religious grounds did not amount to persecution & other case decisions.
Immigration Law Advisor, September 2012 (Vol. 6, No. 8)
Immigration Law Advisor, a legal publication from EOIR, with an article on egregious violations of the fourth amendment in removal proceedings, as well as circuit court decisions for August 2012, recent BIA precedent decisions, and a regulatory update.
CA7 Finds Adjustment Applicant Knowingly Filed Frivolous Asylum Application
The court found that the petitioner is ineligible for adjustment because he knowingly filed a frivolous asylum application with USCIS, and held that the written advisals provided on Form I–589 are sufficient notice under INA §208(d)(4)(A). (Pavlov v. Holder, 10/1/12)
AILA Amicus on Corroborating Evidence In Asylum Cases
The AILA Amicus Committee filed an amicus brief urging the Ninth Circuit to hold that the REAL ID Act requires an IJ to provide an asylum applicant with actual notice that specific corroborating evidence is required and a reasonable opportunity to respond.
ICE Introduces New Community Hotline
ICE announcement introducing a new community hotline for members of the public and ICE stakeholders that will allow ICE to address a number of inquiries, including community outreach requests, PD requests, detention concerns, enforcement activities, and more.
DOJ Notice on Retrospective Regulatory Review Under E.O. 13563
DOJ EOIR notice to provide the public with advance notice of future rulemaking to portions of EOIR regulations and to request the public’s input on potential amendments to the EOIR regulations. Comments are due 11/27/12. (77 FR 59567, 09/28/12)
CA5 Rejects Departure Bar Regulation for Motions to Reconsider
The court concluded that INA §240(c)(6)(a) unambiguously gives noncitizens a right to file a motion to reconsider regardless of whether they have left the United States, holding that 8 C.F.R. §1003.2(d) is invalid. (Lari v. Holder, 9/27/12, revised 11/8/12)
CA5 Rejects Departure Bar Regulation for Motions to Reopen
The court concluded that INA § 240(c)(7) unambiguously gives noncitizens a right to file a motion to reopen regardless of whether they have left the United States, holding that 8 C.F.R. § 1003.2(d) is invalid. (Garcia Carias v. Holder, 9/27/12)
Napolitano Letter on Prosecutorial Discretion for LGBT Individuals
A letter from DHS Secretary Janet Napolitano dated 9/27/12 announcing that she directed ICE to disseminate guidance to the field clarifying that "family relationships" includes long-term, same-sex partners for the purposes of prosecutorial discretion.
BIA Grants Asylum to Iraqi Respondent
In an unpublished decision, the BIA reversed the IJ’s decision and granted asylum, noting that the IJ’s speculations relating to the respondent’s motive for traveling to the U.S. were not supported by the record. Courtesy of Robert W. DeKelaita.
AILA’s New Members Division Newsletter, September 2012 (Vol. 4, Issue 6)
In this edition, discover how to balance ethics and your DACA cases, learn to effectively maneuver through master calendar hearings, find tips on how to handle complex U visa cases, and more!
EOIR to Relocate Headquarters Immigration Court
EOIR press release announcing the closing of its Headquarters Immigration Court on 9/28/12 for relocation and will recommence hearings at the new location on 10/3/12. The address for the new location is 1901 South Bell Street, Suite 200, Arlington, VA 22202.
USCIS Policy Memo on “Limited General” TRIG Exemption
USCIS policy memo dated 9/26/12 with guidance on implementation of a terrorism-related inadmissibility ground (TRIG) exemption for certain individuals with existing immigration benefits.
CA2 Denies Albanian Woman’s Asylum Claim
The court held that young, unmarried Albanian women who are at risk of being kidnapped and forced into prostitution do not constitute a social group for asylum purposes and denied the petitioner’s asylum and withholding applications. (Gjura v. Holder, 9/25/12)
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)