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
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)
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 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)
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)
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.
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)
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)
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.
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)
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.
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)
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)
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)
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.
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.
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.
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)
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.
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.
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)