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 Performance Data Statistics on Various Form Types
USCIS performance data providing the total number of receipts and approvals, by quarter, for many applications and petition form types submitted to USCIS for adjudication from October 2011 to June 2012.
BIA on Evidence of Hardship to Child for Cancellation of Removal
The BIA held that a cancellation applicant need not provide evidence of the child’s care and support upon the alien’s removal if the child will remain in the U.S. with the other parent, even if undocumented. Matter of Calderon-Hernandez, 25 I&N Dec. 885 (BIA 2012)
USCIS Flowchart on Consideration of Deferred Action for Childhood Arrivals
USCIS flowchart providing guidelines for potential applicants to determine if they meet the criteria for requesting Deferred Action for Childhood arrivals. A broad overview of the filing process is also provided.
DHS Press Release on Deferred Action for Childhood Arrivals Process
USCIS press release providing additional information on the deferred action for childhood arrivals process during a national media call in preparation for the August 15, 2012, implementation date.
NSC Stakeholder Newsletter, August 2012
NSC August 2012 stakeholder newsletter, which includes information on developments on deferred action, asylum EAD clock, expedited case review on I-90 biometric no-shows, and more.
AILA Amicus Committee Seeks Mandatory Detention Cases
The AILA Amicus Committee is seeking compelling habeas or bond cases that involve noncitizens who were detained by ICE some period of time (not immediately) after they were released from state or federal custody on the underlying criminal conviction.
Settlement Agreement in Dayo v. Napolitano
On 8/9/12, USCIS entered into a settlement in Dayo, et al. v. Napolitano. The class actions affects individuals in removal proceeds in Los Angeles who renewed their adjustment application in proceedings and were denied employment authorization.
DOJ OIL July 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) July 2012 Litigation Bulletin where the Fifth Circuit ruled that an asylum applicant has a separate claim for relief based on a breach of confidentiality & other issues related to adjustment of status & asylum decisions.
CA9 Strikes Down Asylum Termination Regulations
Quoting The Beatles, “All You Need Is Love,” the court found that under INA §208(c)(2), Congress conferred the authority to terminate asylum exclusively on DOJ (not DHS) and invalidated 8 CFR §§208.24(a) and 1208.24(a) as ultra vires. (Nijjar v. Holder, 8/1/12)
CA7 Rejects Ineffective Assistance Claim Based on Failure to Notify Counsel
The court found that Petitioner failed to comply with Lozada’s notification-to-counsel requirement, rejecting his argument that compliance with the Illinois Attorney Registration and Disciplinary Commission rules was sufficient. (Marinov v. Holder, 8/1/12)
BIA on Adjustment of Status for K-4 Nonimmigrants
The BIA held that a K-4 nonimmigrant, who was over 18 years of age when her K-3 mother married the K petitioner, is ineligible for adjustment of status under INA §245(a) because she cannot qualify as the petitioner’s “stepchild.” (Matter of Akram, 8/1/12)
Appellant’s Brief on Appeal Arguing Jurisdiction in Naturalization Case
Sample appellant’s brief on appeal at the Sixth Circuit arguing that the plaintiff exhausted his administrative remedies where he appeared for an N-336 interview and voluntarily terminated the interview prior to completion. (August 2012). (Direct Appeal from District Court)
CA8 Finds North Dakota Racketeering Conviction Is an Aggravated Felony
The court rejected the argument that INA §101(a)(43)(J) requires a state racketeering offense to have an interstate or foreign commerce element and found that Petitioner’s North Dakota racketeering conviction was an aggravated felony. (Spacek v. Holder, 7/31/12)
CA6 Upholds Finding that Petitioner Assisted in Torture
The court rejected Petitioner’s due process challenges and upheld the IJ and BIA’s finding that he assisted in the torture of others, noting that he had the requisite knowledge that the torture was to occur or was occurring. (Abdallahi v. Holder, 7/31/12)
Exercise of Prosecutorial Discretion with Respect to LGBT Individuals
A 7/31/12 letter signed by 54 Members of Congress requesting a written policy from Sec. Napolitano of her commitment to direct DHS personnel to consider LGBT family ties as a positive factor for the exercise of prosecutorial discretion and Secretary Napolitano’s letter in response.
ICE Releases Updated Form 71-012, Parole Advisal and Scheduling Notification Form
Updated Form 71-012, used to notify arriving aliens who receive a credible fear finding of the parole review process, including expanded information on documents for ICE to consider when assessing whether to parole an individual from detention.
BIA Finds Utah Aggravated Assault Is Not a Categorical Crime of Violence
In an unpublished decision, the BIA remanded the case to the IJ, finding that Utah Code §76-5-103 is a divisible statute and that a conviction for aggravated assault under this provision is not a categorical crime of violence under 8 USC §16(b). Courtesy of Christopher Keen.
AILA Files Amicus Brief Urging CA8 to Rehear Case on CIMT Analysis
The AILA Amicus Committee filed an amicus brief urging the Eighth Circuit to rehear Bobadilla v. Holder, which upheld the analysis set forth in Silva-Trevino and applied its “realistic probability” analysis.
TRAC Report on Decline of ICE Deportation Filings
Transactional Records Access Clearinghouse (TRAC) report projecting that deportation filings will reach only 212,749 in FY2012 once all late reports are in. This would represent a drop of 10% -- more than 24,000 cases -- from the previous year during FY2011.
CA1 Finds Petitioner Abandoned Asylum Application
The court found that the IJ did not err in denying the petitioner’s last-minute request to continue her hearing and dismissing her asylum application as abandoned, noting that she failed to submit court-ordered documents. (Gomez-Medina v. Holder, 7/27/12)
AILA Files Amicus Brief at Supreme Court on Padilla Retroactivity
The AILA Amicus Committee filed a brief urging the Supreme Court to find that Padilla v. Kentucky may be applied retroactively. The brief describes the immigrants whose lives will be affected profoundly by the Court’s decision.
EOIR Notice on Prosecutorial Discretion
EOIR public notice stating that under the process known as prosecutorial discretion, DHS reviews pending cases to see whether they meet certain criteria for cases that are considered a low enforcement priority & if so, DHS may request "administrative closure" of the case.
BIA Holds K-4 Visa Holder Cannot Adjust Status
The BIA held that the K-4 visa holder could only adjust status based on the I-130 filed by the K visa petitioner, and not on the basis of her own subsequent marriage to a US citizen. Matter of Valenzuela, 25 I&N Dec. 867 (BIA 2012)
Secretary Napolitano House Testimony on DHS Oversight
Written testimony of DHS Secretary Janet Napolitano for a 7/19/12 House Committee on the Judiciary hearing titled “Oversight of the Department of Homeland Security” where she discusses immigration-related issues pertaining to DHS.
TRAC Report on Rising Immigration Backlog Wait Times
Transactional Records Access Clearinghouse (TRAC) report from July 2012 which shows that at the end of June 2012, the backlog of cases for immigration courts reached a new all-time high of 314,147 and also provides the average time that these pending cases have been waiting.