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
DOJ OIL January 2013 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) January 2013 Litigation Bulletin where the Seventh Circuit ruled that pending adjustment application did not toll accrual of days without “lawful status” for adjustment of status purposes.
Kucana, An Inside Look
AILA Amicus Committee alert on Kucana, a 2010 Supreme Court decision where the Court reviewed whether 8 U.S.C. § 1252(a)(2)(B)(ii) strips jurisdiction from federal courts to review rulings on motions to reopen by the Board of Immigration Appeals.
BIA Finds HIV Diagnosis Constitutes Changed Circumstances in Asylum Case
In an unpublished asylum case, the BIA reversed the IJ, finding that the respondent’s HIV diagnosis and subsequent AIDS diagnosis constituted changed circumstances for the purposes of the one-year filing deadline. Courtesy of Ashley Huebner.
BIA on the U.N. Convention Against Transnational Organized Crime
The Board found the respondent was statutorily barred from CAT relief, and held that the U.N. Convention Against Transnational Organized Crime does not provide an independent basis for relief in immigration proceedings. Matter of G-K-, 26 I&N Dec. 88 (BIA 2013)
CA8 Upholds Adverse Credibility Determination, Denies Relief
The court upheld the IJ’s adverse credibility determination and denied asylum, withholding, and CAT relief, finding that the IJ highlighted the inconsistencies and implausibilities in the applications, testimony, and hearing exhibits. (Fofana v. Holder, 1/29/13)
Transcript of President Obama's Speech on Comprehensive Immigration Reform 2013
White House transcript of 1/29/13 speech by President Obama at Del Sol High School in Las Vegas, Nevada where he laid out his 2013 immigration plan that will strengthen our borders and streamline the immigration system for families, workers, and employers.
White House Fact Sheet on Comprehensive Immigration Reform 2013
White House fact sheet on 2013 immigration plan that will strengthen our borders, crack down on companies that hire undocumented workers, hold undocumented people accountable before earning citizenship and streamline immigration system for families, workers, and employers.
CA9 Holds California Conviction for False Imprisonment is an Aggravated Felony
The court held that a conviction under California Penal Code §210.5 for false imprisonment is a categorical crime of violence because it involves a substantial risk that force may be used. (Barragan-Lopez v. Holder, 1/29/13)
CRCL Newsletter, January 2013
DHS Office for Civil Rights and Civil Liberties (CRCL) January 2013 newsletter with information on new USCIS resources, sexual assault in confinement facilities, human trafficking issues, and more.
CA9 Issues Third Opinion in Case on Unlawful Presence and the Permanent Bar (Updated 1/31/13)
The court removed language permitting the accrual of pre-IIRIRA unlawful presence, denied relief under 212(a)(9)(C)(i)(II), and held that the application of Torres-Garcia to Petitioner was not impermissibly retroactive. (Carrillo de Palacios v. Holder, 1/28/13)
Immigration Court and EOIR Office Closings for January 28, 2013
EOIR public statement announcing that the Ulster, New York and Hartford, Connecticut immigration courts will be closed at 1pm and 3pm respectively on Monday, January 28, 2013 due to inclement weather.
2013 AILA Annual Plan and Budget
The AILA Board of Governors approved AILA’s 2013 Annual Plan and Budget at its meeting on January 26, 2013.
AILA Practice Alert: Provisional Unlawful Presence Waivers (Updated 1/25/13)
AILA practice alert providing answers to key questions surrounding the USCIS final rule, “Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives,” which takes effect on March 4, 2013.
DHS PIA Report on Alien Criminal Response Information Management System
DHS Privacy Impact Assessment (PIA) report from 1/24/13 on the Alien Criminal Response Information Management System (ACRIMe) which receives and responds to immigration status inquiries made by other agencies about individuals arrested, subject to background checks, and more.
DHS PIA Report on Bonds Online (eBONDS) System
DHS Privacy Impact Assessment (PIA) report from 1/24/13 on the Bonds Online System (eBONDS), which is a web-based application used primarily by surety agents and the Office of Enforcement and Removal Operations (ERO) to facilitate the ICE immigration bond management process.
CA7 on the Meaning of Lawful Status Under §245(k)
The court held that “lawful status” for adjustment eligibility purposes under §245(k) does not extend to a person who has a prior adjustment application still pending, even if that person’s nonimmigrant status has expired. (Chaudhry v. Holder, 1/17/13)
CA7 Denies Asylum Request of Falun Gong Practitioner
The court held that the petitioner had not suffered past persecution when he learned that his wife in China had been forcibly sterilized, and also that he lacked a well-founded fear of future persecution based on his Falun Gong activities. (Chen v. Holder, 1/18/13)
Iowa Reverses Decision and Will Begin Granting Drivers Licenses to DACA Recipients
The Iowa Department of Transportation released a press release announcing that the state had determined it can now issue driver's licenses or non-operator identification (ID) cards to persons granted DACA based on changed guidance issued by the USCIS.
FCC Notice on Rates for Interstate Inmate Calling Services
FCC notice of proposed rulemaking on the inmate calling services industry and how to ensure just and reasonable rates for inmate calling services. Comments are due 3/25/13. (78 FR 4369, 01/22/13)
CA9 on Resisting Arrest as a Particularly Serious Crime
The court remanded the case, holding that the BIA did not adequately explain its conclusion that the petitioner’s California conviction for resisting arrest constituted a particularly serious crime. (Alphonsus v. Holder, 1/18/13)
AILA New Members Division E-News, January 2013 (Vol. 5, Issue 1)
This issue offers advice on how to navigate the intersection of immigration and criminal law, litigation tips for handling stateside waivers and petitions for an immediate relative, the complications on renouncing U.S. citizenship within U.S. borders, and more!
AILA/ICE Workplace Enforcement Meeting Summary (1/17/13)
Q&As from the 1/17/13 AILA Verification & HSI Worksite Enforcement Division meeting. Topics include DACA guidance for employers, FY2012 inspections, substantive/technical errors, NOIs, and electronic I-9s. Thanks to Kathleen Walker, Marketa Lindt & Sharon Mehlman. AILA Doc. No. 13021943.
CRS Report on Prosecutorial Discretion in Immigration Enforcement
Congressional Research Service (CRS) report from 1/17/13 called "Prosecutorial Discretion in Immigration Enforcement: Legal Issues" which addresses the constitutional and other legal foundations and issues related to the doctrine of prosecutorial discretion.
Letter from North Carolina Attorney General on Drivers Licenses for DACA Grantees
Letter from the North Carolina Attorney General’s Office to the North Carolina DMV stating that individuals who have been granted deferred action pursuant to the DACA program must be issued a North Carolina drivers license in accordance with state law.
CA7 Finds Jurisdiction to Review Deferral of Removal Request
The court held that INA §242(a)(2)(C) does not bar judicial review of a deferral of removal request, found that the evidence supported that the petitioner will probably be murdered if he returns to Kenya, and remanded the case. (Wanjiru v. Holder, 1/11/13)