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
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.
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)
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In an unpublished decision, the BIA reversed the IJ’s decision and granted asylum, noting that the IJ’s speculations relating to the respondent’s motive for traveling to the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.
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.
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.
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!
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.
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)
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.
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)
Change in DHS Policy on False Claims to USC by Minors on the Horizon
AILA has learned that DHS is in the process of changing its policy on false claims to USC by minors. We believe the new policy will protect certain minors from a false claim charge, and understand that written guidance is forthcoming.
CA9 Finds IJ Violated Right to Counsel by Denying Motion to Continue
The court found that the IJ violated the petitioner’s right to counsel by denying his motion to continue and requiring him to proceed unrepresented, and held that the petitioner did not need to show the violation prejudiced him. (Montes-Lopez v. Holder, 9/18/12)
CA9 on Modified Categorical Approach
The court held that the record of conviction was inconclusive as to whether the petitioner was convicted of an aggravated felony, and thus the petitioner did not satisfy his burden of showing he was eligible for cancellation of removal. (Young v. Holder, 9/17/12)
BIA Overturns IJ, Grants Non-LPR Cancellation of Removal
In an unpublished decision, the BIA granted non-LPR cancellation, holding that the respondent met the “exceptional and extremely unusual” hardship standard based on the qualifying child's "extraordinary academic achievements and potential." Courtesy of Nicolas Chavez.
CA3 Finds Petitioner Who Adjusted to LPR Status in U.S. Eligible for 212(h) Waiver
The court held that the petitioner was eligible for a 212(h) waiver because he adjusted to LPR status while in the U.S., and thus was never “admitted” to the U.S. as an “alien lawfully admitted for permanent residence.” (Hanif v. Att’y Gen., 9/14/12)
CA9 Finds No Right to Counsel for LPR “Applicant for Admission”
The court held the LPR petitioner had no right to counsel during questioning at the border because officers properly determined he was an “applicant for admission” based on their conclusion that he had engaged in illegal activity. (Gonzaga-Ortega v. Holder, 9/14/12)
CA9 Rebukes Government on Deportation of Exculpatory Witness
The court held that the government cannot deport witnesses who can provide exculpatory evidence for a criminal defendant - in this case charged with alien smuggling - without allowing defense counsel an opportunity to interview them. (U.S. v. Leal-Del Carmen, 9/14/12)
USCIS FAQs on Consideration of Deferred Action for Childhood Arrivals (Updated 9/14/12)
USCIS updated FAQs, as of 9/14/12 on DACA. New FAQs include information on travel, G-28s for attorneys providing pro bono services at group events, listing social security numbers, documenting continuous residence, information for employers, and more.
CA3 Says Exclusionary Rule Can Apply in Removal Proceedings
The court held that the exclusionary rule may apply in removal proceedings under certain circumstances, and granted a motion to reopen so the petitioner could subpoena other witnesses and introduce new documents. (Oliva-Ramos v. Atty’ Gen., 9/13/12, amended 11/6/12)
SSA Guidance to DACA Recipients on Obtaining an SSN
One-page SSA handout providing information to individuals granted deferred action for childhood arrivals (DACA) on the requirements and process for applying for a social security number.