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
BIA Filing Deadline Changes Due to Hurricane Sandy
Since Board of Immigration Appeals (BIA) was closed on October 29-30, 2012, EOIR announced that they will consider any filing “timely filed” if it was due on a weekday during the week of October 29, 2012 and the BIA received the filing on or before November 5, 2012.
Immigration Court and EOIR Office Closings for November 1, 2012
EOIR press release announcing that the New York City and Varick Street immigration courts will be closed on Thursday, November 1, 2012 due to inclement weather.
CA7 Holds §212(a)(9)(C)(i)(II) Trumps §245(i)
The court held that INA §212(a)(9)(C)(i)(II) precludes the petitioner from applying for adjustment of status pursuant to INA §245(i) or seeking a retroactive waiver of inadmissibility under 8 C.F.R. §212.2(e). (Nunez-Moron v. Holder, 10/30/12)
Immigration Court Closings for Wednesday, October 31, 2012
The following immigration courts remain closed on Wednesday, October 31, 2012 due to Hurricane Sandy: New York City; Varick Street; Newark; and Elizabeth. Filing deadlines at affected locations will be adjusted once they reopen.
CA8 Denies Motion to Reopen Asylum Case Based on Material Change in Circumstances
The court held that two new letters in support of the petitioner’s asylum claim did not establish a change in circumstances or undermine the initial determination that he failed to establish a well-founded fear of persecution. (Lopez-Mendez v. Holder, 10/29/12)
EOIR and Immigration Court Closings Due to Inclement Weather - October 30, 2012
EOIR notice of the closure of a number of east coast immigration courts, EOIR Headquarters, and the BIA on Tuesday, October 30, 2012 due to Hurricane Sandy. Filing deadlines at affected locations will be adjusted once the courts and offices reopen.
EOIR to Close Immigration Court in Lancaster, California
EOIR press release on the closing of the Lancaster Immigration Court, located at 45100 N. 60th Street West, Lancaster, California, on October 31, 2012. All pending cases will be transferred to the Los Angeles Immigration Court for video teleconference hearings.
USCIS Response to CIS Ombudsman’s 2011 Annual Report to Congress
USCIS response to the CIS Ombudsman’s 2011 Annual Report to Congress, which provides updates on specific programs and highlight Agency successes during FY2011.
DHS Letter on Enforcement Operations During Hurricane Sandy
DHS letter on CBP and ICE enforcement actions during Hurricane Sandy, stating that there will not be immigration enforcement initiatives associated with evacuations or sheltering related to Sandy, including the use of checkpoints for immigration purposes.
Petition for a Writ of Habeas Corpus and Motion for Release or Bond
Sample petition for a writ of habeas corpus challenging the continuing detention of an alien who received post-conviction relief and accompany motion for temporary restraining order granting release or bond in the alternative (2004). (Complaint, Amendment, Other Pleading)
TRAC Files FOIA Lawsuit Against ICE on Detention Records
Transactional Records Access Clearinghouse (TRAC) press release on FOIA lawsuit challenging an ICE ruling that its master repository of investigations is off-limits to the public, especially on the complete records of every internal inspection at ICE detention facilities.
AILA Liaison OSC Meeting Minutes (10/23/12)
Minutes from the AILA Verification & Documentation Liaison Committee’s 10/23/12 meeting with DOJ’s Office of Special Counsel. Topics include DACA, E-Verify, electronic I-9s, TALs, current priorities and trends, and more. Special thanks to Montserrat Miller and Marketa Lindt.
BIA Holds “Single Offense” Exception Can Include More Than One Statutory Crime
The BIA held the respondent was not subject to mandatory detention because her convictions for marijuana and drug paraphernalia possession were related to a single incident and covered by the §237(a)(2)(B)(i) exception. Matter of Davey, 26 I&N Dec. 37 (BIA 2012)
CA1 Upholds Denial of Asylum Based on Resistance to Guerilla Recruitment
The court held that there was no evidence that guerillas targeted the petitioner for recruitment because of his political opinion, and found that “Guatemalan nationals repatriated from the U.S.” is not a particular social group. (Escobar v. Holder, 10/22/12)
CA1 Finds Connecticut Drug Offense Is an Aggravated Felony
The court held that a conviction under Conn. Gen. Stat. §21a-277(b) is not categorically an aggravated felony, but that the charging document established that the petitioner pleaded guilty to possessing a controlled substance with intent to sell. (James v. Holder, 10/19/12)
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.