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
Due Process Derailed: How One Dreamer Became a Victim of DHS Blunders, God-like Deference, and Nine Months of Detention
AILA Amicus Committee alert on the case of Jordana Vera, who was a minor when she entered the country and was placed in removal proceedings after overstaying, and her eventual grant of prosecutorial discretion after nine months in detention.
CA9 Finds No Due Process Violation in Video Conference Hearing
The court found that the petitioner’s video-conference hearing on the merits of his cancellation of removal application did not violate his right to due process, but noted that such determinations must be made on a case-by-case basis. (Vilchez v. Holder, 6/19/12)
BIA on Satisfying the CSPA's “Sought to Acquire” Requirement
The BIA held that the CSPA requirement that an applicant seek to acquire LPR status within one year of visa availability can be satisfied by showing circumstances beyond the applicant’s control prevented a timely filing. Matter of Vazquez, 25 I&N Dec. 817 (BIA 2012)
BIA on Determining Good Cause for a Continuance to Adjudicate U Visa Petition
The BIA listed factors for an IJ to consider when deciding whether to grant a continuance, and held that a noncitizen who has filed a prima facie approvable U visa petition should generally be granted a continuance. Matter of Sanchez Sosa, 25 I&N Dec. 807 (BIA 2012)
DHS Prosecutorial Discretion Initiative Falls Short
AILA statement calls attention to new information showing implementation of prosecutorial discretion by Immigration Customs and Enforcement (ICE) officers, agents, and attorneys has been far less effective than the public was originally led to expect.
CA9 Declines to Rehear Case On Definition of Conviction En Banc
The court denied the petition for panel rehearing en banc in a case discussing the definition of “conviction” under INA § 101(a)(48). The dissent argues the panel exceeded its authority, and got the case wrong on its merits. (Planes v. Holder, 6/5/12)
CA8 Holds That It Lacks Jurisdiction to Review VAWA Cancellation Denial
The court held that it lacked jurisdiction to review the decision to deny VAWA cancellation, finding that the petitioner’s argument was actually challenging how the BIA weighed the relevant factors. (Hamilton v. Holder, 6/5/12)
ICE Detainee Dies at California Hospital
ICE press release on the death of a 31-year-old Mexican national who died in ICE custody at a San Bernardino, California hospital following his parents' arrival from Mexico. He is the eighth detainee to die in ICE custody in FY2012.
NBC Practice Alert: Proving EAD Eligibility for Applicants in Removal Proceedings (Updated 7/14/14)
AILA NBC Liaison Committee practice alert informing members of the type of evidence that may be submitted to demonstrate that an applicant in removal proceedings, including proceedings that have been administratively closed, is eligible for an EAD.
Immigration Law Advisor, May 2012 (Vol. 6, No. 5)
Immigration Law Advisor, a legal publication from EOIR, with an article on applying timing rules in immigration proceedings, as well as circuit court decisions for April 2012, recent BIA precedent decisions, and a regulatory update.
DOJ OIL May 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) May 2012 Litigation Bulletin where the Supreme Court deferred to BIA’s interpretation that imputation is not available to applicant for cancellation and other issues related to adjustment of status and other decisions.
DOJ Inspector General Semiannual Report to Congress
DOJ semiannual report to Congress from the Office of the Inspector General on developments from 10/1/11 to 3/31/12, including a section on the Executive Office for Immigration Review.
EOIR Releases FOIA Service Center Proactive Disclosure Policy
EOIR released its proactive disclosure policy including the four categories of agency records that must routinely be made “available for public inspection and copying.”
CA7 to Rehear Asylum Case on Particular Social Group En Banc
The court ordered that Cece v. Holder – a decision in an asylum case which held the petitioner’s proposed social group lacked the required common, immutable characteristic - be reheard en banc. (Cece v. Holder, 5/31/12)
TRAC Report on Prosecutorial Discretion by Location
Transaction Records Access Clearinghouse (TRAC) report showing that as of 5/31/12, a total of 4,585 cases were closed under a special ICE program where the number of cases closed due to prosecutorial discretion (PD) was up from 2,609 as of the end of March 2012.
IJ Grants Administrative Closure under Avetisyan in DOMA Case
In an unpublished decision, the IJ granted respondent’s request to administratively close the case over objection by the government. The case implicates DOMA, and the IJ agreed that admin closure was appropriate until the BIA decides Dorman. Courtesy of Bryon Large.
EOIR Releases Language Access Plan
EOIR released its plan for ensuring limited English proficient persons have meaningful access to EOIR services. This Legal Action Plan (LAP) provides a detailed summary of EOIR’s current efforts to ensure meaningful access to LEP persons and an analysis of language access at EOIR.
CA8 Remands Case for CIMT Analysis Under Silva-Trevino
Applying the “realistic probability” analysis set forth in Silva-Trevino, the court concluded that the petitioner’s conviction for providing a false name to a peace officer was not categorically a crime involving moral turpitude. (Bobadilla v. Holder, 5/29/12)
DHS Proposes New “Social Distinction” Test in Asylum Case
DHS proposed a new "social distinction” test for asylum cases in its brief in Valdiviezo-Galdamez, on remand from a Third Circuit decision which rejected the BIA’s "social visibility" and "particularity" tests for determining if a particular social group exists.
ICE Statistics on Prosecutorial Discretion - May 29, 2012
ICE statistics on prosecutorial discretion, as of May 29, 2012, provided to AILA, including the number of cases reviewed, number of cases identified for a grant of PD, number of cases granted deferred action and stays of removal.
Law Professors on Executive Action for DREAMers
A 5/28/12 letter from law professors addressing issues that may arise as agencies and officials within the Executive Branch consider various administrative options in cases involving potential beneficiaries of the Development, Relief, and Education for Alien Minors (DREAM) Act.
CA4 Upholds Matter of Rojas on Mandatory Detention under § 236(c)
The court found that the petitioner is subject to mandatory detention under § 236(c), despite the fact he was not taken into federal custody immediately upon his release from state custody. (Hosh v. Lucero, 5/25/12)
CA11 Strikes Down Post-Departure Bar Regulation
The court held that the departure bar in 8 C.F.R. § 1003.2(d), which prohibits the BIA from considering a motion to reopen filed by a noncitizen who is outside of the U.S., impermissibly conflicts with the INA § 240(c)(7)(A). (Lin v. U.S. Att’y Gen., 5/23/12)
CA11 Remands §209(c) Waiver Denial
The court found that the IJ and BIA erred by failing to consider country conditions in Sudan and the hardship the petitioner would suffer if removed when they denied his waiver application under INA § 209(c). (Makir-Marwil v. U.S. Att’y Gen., 5/22/12)
CA3 Says Re-entry Did Not Start New Period of Continuous Residence
The court held that the petitioner was not eligible for cancellation because a drug offense triggered the stop-time rule, and that a new period of continuous residence did not start when he re-entered the U.S. after a two-day trip. (Nelson v. Att’y Gen., 5/22/12)