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
AILA Letter to California Governor Jerry Brown in Support of the TRUST Act (AB 1081)
On 9/12/12, AILA sent a letter to California Governor Jerry Brown analyzing the impact of implementing the TRUST Act (AB 1081) and urging the Governor to support the bill.
Attorney Laptops Approved for Immigration Court Hearings
ICE Public Advocate alert that ICE will now allow private attorneys or accredited representatives appearing before an immigration judge on behalf of detainees to bring a laptop into EOIR courtrooms located within detention facilities.
CA8 Holds Asylum Applicant’s Daughter Is Unlikely To Be Subjected to FGM
The court upheld the IJ and BIA’s determination that the petitioner did not demonstrate a well-founded fear of persecution because it concluded that his daughter was unlikely to be subjected to FGM. (Hounmenou v. Holder, 9/11/12)
BIA Holds Asylum Applicant Committed Serious Nonpolitical Crime
The BIA held that the applicant had committed a serious, nonpolitical crime in Cote d’Ivoire and was ineligible for relief after finding that the criminal conduct was disproportionate to its political character. Matter of E-A-, 26 I&N Dec. 1 (BIA 2012)
AILA Amicus on Prostitution as a CIMT
The AILA Amicus Committee filed an amicus brief with the Board, urging it to hold that simple prostitution is not categorically a crime involving moral turpitude (CIMT).
First Wave of DACA Grants Started
DHS has advised AILA that the first adjudications of requests for deferred action for childhood arrivals have been completed, and electronic notifications are being sent.
CA3 Remands Jamaican CAT Claim By Mentally Ill Petitioner
The court granted the petition for review, finding that the BIA applied an incorrect legal standard and failed to adequately consider the argument that Jamaican prison inmates would sexually assault Petitioner because of his mental illness. (Roye v. Att’y Gen., 9/10/12)
EOIR to Relocate Arlington, VA Immigration Court
EOIR press release announcing that it will close its Arlington, VA Immigration Court on 9/12/12 to prepare for relocation. The Arlington Immigration Court will recommence hearings at the new location on 9/18/12 at 1901 South Bell Street, Suite 200, Arlington, VA 22202.
OSC Technical Assistance Letter on DACA Hiring Process
A 9/10/12 letter from DOJ Special Counsel Seema Nanda on whether those receiving deferred action for childhood arrivals (DACA) can be legally hired, and, if so, what documents constitute proof that they are authorized to work in the United States.
BIA Reverses IJ, Grants Cancellation
In an unpublished decision, the BIA granted cancellation of removal, finding the respondent credible and noting that his drug possession arrests did not warrant a discretionary denial as he denied culpability and was not prosecuted. Courtesy of Fausto Falzone.
CA2 Remands Asylum Claim Based on Opposition to Workplace Corruption
The court held that the BIA applied the wrong legal standard when assessing whether the petitioner’s opposition to corruption constituted a political opinion, and that it erred by failing to consider his claim of imputed political opinion. (Yu v. Holder, 9/7/12)
DHS Advises On Various DACA Process Questions
Information from DHS on DACA process issues includes expected timing of process, handling of denials, and upcoming FAQ.
CA3 Finds Petitioner Ineligible for 212(h) Waiver
The court found the petitioner was ineligible for a 212(h) waiver, rejecting his argument that he was never "lawfully" admitted to the U.S. as an LPR because he attained LPR status through fraud or misrepresentation. (Martinez v. Att’y Gen., 9/6/12)
CA9 Holds Written Advisals Are Sufficient Notice of Frivolous Asylum Application Consequences
The court held that the written advisals provided on Form I–589 asylum application are sufficient notice under INA §208(d)(4)(A) of the consequences of filing a frivolous asylum application. (Cheema v. Holder, 9/6/12)
CA9 Holds CA Sexual Battery is Not Aggravated Felony
The court granted the petition, holding that the crime of sexual battery in California is not categorically an aggravated felony, and that none of the evidence they could consider established that the petitioner’s victim was a minor. (Sanchez-Avalos v. Holder, 9/4/12)
CA1 Denies Ukrainian Asylum Claim Based on Pentecostal Beliefs
The court denied the petitioner’s applications for asylum, withholding, and CAT relief, finding the mistreatment she suffered in the Ukraine on account of her Pentecostal religious beliefs did not rise to the level of persecution. (Rebenko v. Holder, 9/4/12)
VOICE: September/October 2012
This special edition of VOICE is dedicated to Deferred Action for Childhood Arrivals. Find the advice and resources you need to successfully manage your DACA cases!
Immigration Law Advisor, July-August 2012 (Vol. 6, No. 7)
Immigration Law Advisor, a legal publication from EOIR, with an article analyzing child abuse and rape in immigration law, as well as circuit court decisions for June and July 2012, recent BIA precedent decisions, and a regulatory update.
CIS Ombudsman’s Office September 2012 Quarterly Update
CIS Ombudsman’s Office September 2012 Quarterly Update with information on the 2012 Annual Report to Congress, highlights from current areas of focus in the Ombudsman’s Office, examples of case assistance provided by Ombudsman’s Office & information about DHS initiatives.
1st Things First (September 2012)
September 2012 edition of 1st Things First. Courtesy of the AILA New England Chapter.
DHS Report on Immigration Enforcement Actions for 2011
September 2012 DHS Office of Immigration Statistics report estimating that CBP found 212,000 foreign nationals inadmissible for entry into the United States, DHS made 642,000 apprehensions of foreign nationals and ICE removed an all-time high 188,000 criminals from the U.S.
CA7 Finds No Jurisdiction to Review Motion to Reopen
The court held that it did not have jurisdiction to review the petitioner’s motion to reopen the reinstatement order. (Tapia-Lemos v. Holder, 8/31/12)
CA7 Denies Withholding Request Based on Factory Protest
The court denied the petitioner’s request for withholding of removal, finding that his protest at a state-owned factory was economic, not political, activity and that any persecution he endured was not because of a protected ground. (Liu v. Holder, 8/31/12)
CA9 Remands Case to Determine Term of Imprisonment
In order to decide whether the petitioner is eligible for relief under former 212(c), the court remanded to determine whether the petitioner’s term of imprisonment was over five years given his time in pre-trial psychiatric confinement. (Corpuz v. Holder, 8/31/12)
CA3 Finds Petitioner Subject to Removal After Passing Natz Exam
The court held that the petitioner was subject to removal for his 2008 drug-related convictions even though he had completed his naturalization examination in 1998 because he was never scheduled for nor took the required oath. (Duran-Pichardo v. Att’y Gen., 8/31/12)