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
CA5 Upholds “Particularity” and “Social Visibility” Requirements in Asylum Case
The court upheld the BIA’s “particularity” and “social visibility” requirements for membership in a particular social group, and found the proposed social group based on resisting gang recruitment did not meet those requirements. (Orellana-Monson v. Holder, 6/25/12)
CA1 on the Meaning of “Conviction” in INA § 237(a)(2)(A)(ii)
The court found that the petitioner was “convicted” of shoplifting for purposes of INA §237(a)(2)(A)(ii), despite the fact that the shoplifting fine was vacated for reasons unrelated to a procedural or substantive error. (Viveiros v. Holder, 6/25/12)
CIS Ombudsman 2012 Annual Report
A 6/25/12 annual report from Citizenship & Immigration Services Acting Ombudsman Debra Rogers calling for agency action on issues including USCIS Service Requests, Employment Authorization Documents (EADs), Deferred Action processing & other major topics.
AILA Files Amicus Brief on Whether Remand Decision Is Final Order
AILA amicus brief filed with the Second Circuit on whether a Board decision that remands to the IJ for background checks pursuant to 8 C.F.R. § 1003.47(h) is a final order from which a petition for review may be filed.
CA1 Remands to BIA Due to Inadequately Reasoned Decision
The court held that the petitioner was not eligible for cancellation because she could not impute her father’s time in the U.S. to her continuous residence, but remanded her asylum claim, finding the BIA’s decision inadequately reasoned. (Aponte v. Holder, 6/21/12)
BIA on Applicability of INA § 101(a)(13)(C)(v) to Respondent Seeking to Adjust Status
The BIA held that an LPR who was granted cancellation in proceedings arising from a drug conviction must prove that conviction does not make him inadmissible when adjusting status in subsequent proceedings. Matter of Fernandez Taveras, 25 I&N Dec. 834 (BIA 2012)
IJ Grants Asylum in Gang Retaliation Case
The IJ found that the asylum applicant demonstrated a well-founded fear of persecution because a Salvadoran gang issued targeted threats to her and her family members due to her late brother’s membership in a rival gang. Courtesy of Jean Han.
DOJ Final Rule on Prison Rape Elimination Act
DOJ final rule on adopting national standards to prevent, detect, and respond to prison rape, pursuant to the Prison Rape Elimination Act of 2003 (PREA). Act does not protection the over 400,000 immigrants currently in DHS detention facilities. Rule effective 8/20/12. (77 FR 37106, 6/20/12)
CA6 Holds Washington Conviction for Felony Flight is CIMT
The court found that the petitioner’s Washington state conviction for felony flight, which stemmed from his attempt to evade a police officer who had signaled him to stop, categorically constituted a crime involving moral turpitude. (Ruiz-Lopez v. Holder, 6/19/12)
CA2 on Adjustment to Full LPR Status for K-1 Visa Holders
The court held that, because the petitioner was originally admitted to the U.S. on a K-1 visa, he cannot adjust his status to that of a full LPR on any basis other than marriage to his original K-1 visa sponsor. (Caraballo-Tavera v. Holder, 6/18/12)
AILA Factsheet on Relief for DREAMers
AILA guide for advocates on deferred action for undocumented youth.
AILA Responds to DHS Deferred Action Announcement
AILA President Laura Lichter responds to the 6/15/12 announcement by the Obama Administration offering Deferred Action to eligible young immigrants.
Transcript of President Obama’s Speech on Deferred Action
White House transcript of 6/15/12 remarks by President Barack Obama on deferred action and that certain young people who were brought to the country as children will be eligible to receive deferred action for a period of two years, subject to renewal.
AILA Praises Deferred Action Announcement
The American Immigration Lawyers Association (AILA) applauds today’s announcement offering Deferred Action to eligible younger immigrants.
DHS Fact Sheet on Immigration Enforcement System Timeline
DHS timeline on initiatives and steps that DHS has taken to transform our immigration enforcement system from April 2009 to June 2012.
DHS Press Release Announces Deferred Action Process for Certain Young People
DHS press release announcing that effective immediately, certain young people who were brought to U.S. as young children, do not present a risk to public safety, and meet other criteria will be considered for relief from removal or from entering into removal proceedings.
DOL Secretary Solis Statement on Deferred Action Process
DOL press release from Secretary of Labor Hilda Solis on the deferred action process for young people and its potential impact on the U.S. workforce.
ICE Memo on the Exercise of Prosecutorial Discretion for Certain Young People
A 6/15/12 ICE memo addressed to all ICE employees concerning the exercise of prosecutorial discretion for certain individuals who entered the U.S. as a child, noting that additional guidance is forthcoming.
DHS FAQs on Deferred Action For Eligible DREAMers
DHS FAQs on the deferred action process for certain young people who were brought to the U.S. as young children, including information on who is eligible to receive deferred action, how the directive will be implemented, eligibility for employment authorization, and more.
DHS Memo on Deferred Action Process for Certain Young People
DHS 6/15/12 memo from Janet Napolitano stating that certain young people who were brought to this country as children lacked the intent to violate the law & specific criteria should be satisfied before an individual is considered for an exercise of prosecutorial discretion.
BIA on Qualifying Relatives for Cancellation Applications
The BIA held that the petitioner did not have a qualifying relative under INA § 240A(b)(1)(D), because his son turned 21 after the application was filed, but before the IJ adjudicated the application. Matter of Isidro-Zamorano, 25 I&N Dec. 829 (BIA 2012)
CA7 Holds It Cannot Review BIA Denial of Motion to Reopen Sua Sponte
The court held that the BIA’s decision not to reopen a case sua sponte is an unreviewable discretionary decision, and that Kucana did not disturb prior circuit precedent on denied motions to reopen sua sponte. (Anaya-Aguilar v. Holder, 6/14/12)
CA3 Vacates Decision on Waiver of Rights under Visa Waiver Program
The court vacated its decision holding that the petitioner had not proved she didn’t execute a waiver when she entered the U.S. as a minor pursuant to the VWP, after OIL discovered she had not actually entered under the VWP. (Vera v. Att’y Gen., 6/13/12)
BIA Holds Admission to Northern Mariana Islands Not Admission for 245(a) Purposes
The BIA held that respondent’s admission to the Commonwealth of the Northern Mariana Islands (CNMI) by a CNMI officer before CNMI was included in the definition of the U.S. did not amount to an admission into the U.S. Matter of Valdez, 25 I&N Dec. 824 (BIA 2012)
TRAC Report on Decline in Federal Criminal Immigration Prosecutions
Transactional Records Access Clearinghouse (TRAC) report that shows a 12 percent decrease of prosecutions resulting from ICE referrals and a six percent decrease in prosecutions from CBP investigations.