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
USCIS Publishes Forms for Consideration of Deferred Action for Childhood Arrivals
USCIS press release announcing that they have submitted a Federal Register notice announcing new forms and instructions to allow individuals to request consideration of deferred action for childhood arrivals from USCIS beginning 8/15/12.
CA11 Finds No Jurisdiction to Review Good Moral Character Determination
The court held that it lacked jurisdiction to review the denial of the petitioner’s request for cancellation because it was based on the BIA’s discretionary determination that the petitioner lacked good moral character. (Jimenez-Galicia v. U.S. Att’y Gen., 8/13/12)
CA4 Denies NACARA Relief Due to Material Support Bar
The court held that the petitioner was ineligible for NACARA relief because he provided material support to a terrorist organization in the early 1980s by allowing FMLN guerrillas to use his kitchen. (Barahona v. Holder, 8/13/12)
CA5 Holds TX Conviction for Possession of Fraudulent Identifying Information Is CIMT
The court found that the petitioner’s Texas conviction for unlawful possession of fraudulent identifying information is a crime involving moral turpitude, and held she was ineligible for cancellation of removal. (Nino v. Holder, 8/13/12)
AILA Argues BIA Decision on Categorical Approach Should Be Overturned
The AILA Amicus Committee filed an amicus brief with the Second Circuit arguing that the Board’s decision in Matter of Lanferman, which discussed when a criminal statute is divisible, is arbitrary and capricious and should be overturned.
ASISTA Seeks Information on U Visa Clients' Experiences with EOIR
ASISTA survey seeking information on U visa clients' experiences with EOIR and ICE. EOIR requested this information to help safeguard the rights of and improve the process for U visa clients and derivatives with prior EOIR-issued removal orders.
TRAC Report on Increase in Deportations as Orders Fall
Transaction Records Access Clearinghouse (TRAC) report showing that 39,426 people were deported during May 2012. Nearly one in three- or 11,735- were removed from the country under the ‘expedited removal’ authority which allows ICE to bypass the immigration courts.
CA5 Finds Petitioner Is Not Eligible for TPS
The court held that the petitioner failed to meet the physical presence and residence requirements for TPS, rejecting the argument that he is eligible for TPS because his parents meet each of the eligibility requirements. (Castillo-Enriquez v. Holder, 8/10/12)
CA9 Denies Cancellation Citing Supreme Court Ruling on Imputation
The court previously had held the petitioner could impute her father’s legal status to herself to satisfy §240A(a), but reversed its decision & denied cancellation following the Supreme Court’s decision in Holder v. Martinez Gutierrez. (Mojica v. Holder, 8/10/12)
IJ Grants El Salvadoran Asylum Case Based on Religious Persecution
In an unpublished decision, the IJ granted asylum and held that the respondent showed a well-founded fear of persecution if he were to return to El Salvador and continue to proselytize and speak out against gangs as part of his religious practice. Courtesy of Ronald Pabis.
CA9 Finds No Jurisdiction to Review Denial of MTR for Prosecutorial Discretion
The court ruled that it lacked jurisdiction to review Petitioners’ contention that the agency abused its discretion in denying a motion to reopen to seek prosecutorial discretion. (Vilchiz-Soto v. Holder, 8/9/12)
New Jersey District Court on “When Released” Language in §236(c)
NJ district court found that the petitioner, who was detained by DHS 5 years after release from criminal custody, is entitled to a bond hearing and noted many courts have held that the “when released” language is unambiguous. Courtesy of Paul Grotas. (Dimanche v. Tay-Taylor, 8/9/12)
CA2 Finds Jurisdiction in Detention-Related FTCA Case
The court reversed the district court, finding jurisdiction over the plaintiff’s Federal Tort Claims Act (FTCA) claims related to his immigration detention because there is “private analogue” in state law. (Liranzo v. U.S., 8/9/12)
NSC Liaison Q&As from Refugee/Asylee Product Line Teleconference (8/9/12)
The NSC Liaison Committee unofficial Q&As from AILA and other stakeholders from the 8/9/12 teleconference with the NSC on the refugee/asylee produce line.
CA9 Reverses Injunction on AZ SB 1070 “Show Me Your Papers” Provision, Remands to District Court
In accordance with the Supreme Court’s decision in Arizona v. U.S., the court reversed the district court’s grant of a preliminary injunction on Arizona SB 1070 Section 2(B), and affirmed the enjoinder of Sections 3, 5(C), and 6. (U.S. v. Arizona, 8/8/12)
White House Report on Obama Agenda and the Hispanic Community
August 2012 White House report on what the policies and programs of the Obama Administration have meant for Hispanic Americans throughout the first three and a half years, including sections on comprehensive immigration reform, the DREAM Act, deferred action and more.
AILA Consumer Advisory: Deferred Action for Certain Young Immigrants: Don’t Get Scammed!
AILA adds Spanish language advisory following the 8/3/12 USCIS release of updated DACA FAQs. This document cautions those who will apply for deferred action to wait until 8/15/12 as well as listing detailed eligibility criteria as outlined by USCIS.
CA6 on Discretion to Waive Multiple Misrepresentations
In a case involving two misrepresentations, the court granted the petition, rejecting the argument that INA §237(a)(1)(H) only permits waiver of the misrepresentation the alien makes at the time of his otherwise lawful admission. (Avila-Anguiano v. Holder, 8/7/12)
ICE Directive on Employee Code of Conduct
ICE directive dated 8/7/12 setting forth general standards of conduct for ICE employees, including information on loyalty, honesty, courtesy, professionalism, and ethical standards; proper use of government property, including information; and prohibitions on misconduct.
CA2 Remands Vartelas Ineffective Assistance Claim to BIA
Recognizing that the Supreme Court’s decision required it to conclude that Petitioner was prejudiced by his attorneys’ failure to argue retroactivity, the court remanded for a determination as to the quality of his attorneys’ performance. (Vartelas v. Holder, 8/6/12)
CA8 Remands, Finds BIA Applied Wrong Standard of Review
The court found that the BIA did not err in concluding that Petitioner committed a “violent or dangerous crime” under 8 CFR §1212.7(d), but that it engaged in improper fact finding and failed to review the IJ’s findings for clear error. (Waldron v. Holder, 8/6/12)
CA8 Upholds Denial of Asylum for Witness in Israeli Murder Trial
The court found that Petitioner failed to establish that the government condoned the harassment directed toward Petitioner by private parties, or that it was helpless to protect against it. (Salman v. Holder, 8/6/12)
New Jersey District Court Orders Bond Hearing
The NJ district court held that the petitioner, who was detained by DHS over two years after his release from criminal custody, is entitled to a bond hearing under the plain meaning of INA §236(c) . Courtesy of Paul Grotas. (Munoz v. Tay-Taylor, 8/6/12)
CA10 Upholds Denial of Asylum Based on Fear of MS-13
In a nonprecedential decision, the court found that although evidence suggests that gang violence exists in El Salvador, Petitioner failed to prove that she would be singled out and persecuted due to her uncles’ military service and anti-gang activities. (Campos-Perez v. Holder, 8/6/12)
USCIS Brochure on How to Request Deferred Action for Childhood Arrivals
USCIS 8/3/12 brochure on how to request consideration of deferred action for childhood arrivals, including information on eligibility criteria, supporting evidence, request procedures, fees, confidentiality, and more.