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
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.
CA5 Holds Texas Conviction Is Not Categorically an Aggravated Felony
The court held that a conviction under Texas Penal Code § 22.011(a)(1) for sexual assault is not categorically an aggravated felony because portions of the statute do not inherently involve a substantial risk of physical force. (Rodriguez v. Holder, 1/16/13)
CA6 Finds Withholding of Removal Not Available Derivatively
The court held the petitioner was not eligible for asylum or withholding of removal because he sought relief as a derivative of his wife, whose asylum application was denied, and that withholding of removal is not available derivatively. (Camara v. Holder, 1/15/13)
CA2 Finds District Court Did Not Have Jurisdiction to Review 212(i) Waiver Denial
The court held that it did not have jurisdiction to review the petitioner’s 212(i) waiver denial, noting that even if the complaint had raised constitutional claims, the district court did not have jurisdiction to review those claims. (Shabaj v. Holder, 1/15/13)
AIC and AILA File Amicus Brief on Mental Competency in Removal Proceedings
AIC and AILA amicus brief, filed with several other organizations, describing the safeguards that DHS and DOJ should adopt to protect the rights of individuals who are not mentally competent when DHS institutes removal proceedings.
TRAC Report on Record Year for Asylum Cases
Transactional Records Access Clearinghouse (TRAC) report showing odds of an asylum claim being denied reached an historic low in FY2012, with only 44.5% being turned down. Almost 2 out of 3 (62.6%) individuals seeking asylum lost their cases in similar actions 10 years ago.
North Carolina Attorney General Asked to Reinstate Licenses for DACA Recipients with Work Permits
North Carolina Justice Center press release about joint letter asking state officials to reinstate policy that allowed young immigrants who have been authorized to be in the U.S. and granted work permits under a federal program to receive North Carolina driver’s licenses.
CA8 Finds BIA Failed to Consider Future Persecution Claim
The court found that while the petitioner did not establish that he experienced past persecution, the BIA failed to consider one aspect of his distinct claim of a well-founded fear of future persecution and remanded the case. (Tegegn v. Holder, 1/11/13)
AILA Concerns Regarding USCIS DACA Guidance for Employers
AILA’s comments to USCIS Verification division regarding portions of the 11/19/12 “Guidance for Employers,” which provides information to employers in connection with DACA. Special thanks to Daniel Brown, Marketa Lindt, Bonnie Gibson, Sharon Mehlman and Kathleen Walker.
CA9 Holds California Conviction for Simple Kidnapping Not Categorically a CIMT
The court held that simple kidnapping under CPC §207(a) is not categorically a CIMT because it does not involve any elements of a CIMT and California courts have applied the statutes to conduct that is not morally turpitudinous. (Castrijon-Garcia v. Holder, 1/9/13)
BIA Holds California Conviction for Indecent Exposure is CIMT
The Board held that a conviction for indecent exposure under California Penal Code §314(1), which includes the element of lewd intent, is categorically a crime involving moral turpitude. Matter of Cortes Medina, 26 I&N Dec. 79 (BIA 2013)
CA1 Denies Motion to Reopen Based on Ineffective Assistance of Counsel
The court upheld the conclusion that the motion to reopen was untimely, and that equitable tolling could not apply because the petitioner did not exercise due diligence in pursuing his case. (Bead v. Holder, 1/7/13)
CA1 Denies Motion to Reconsider Based on Additional Ground for Relief
The court denied the petitioner’s motion to reconsider - which was based on a ground for relief not previously asserted, but previously available – because it did not identify any error of fact or law in the original decision. (Martinez-Lopez v. Holder, 1/4/13)
Immigration Court and EOIR Office Closings for January 4, 2013
EOIR public statement announcing that the El Paso and El Paso Detained Immigration Courts will open at 10 am MST on Friday, January 4, 2013, due to inclement weather.
CA11 Finds BIA Erred in Making De Novo Factual Findings
The court held that the BIA erred in overturning the IJ’s finding that Petitioner would be forcibly sterilized upon returning to China because 8 CFR 1003.1(d)(3) empowers the BIA to review an IJ’s factual findings for clear error only. (Zhu v. U.S. Att’y Gen., 1/4/13)
Six Things You Need to Know about Stateside Processing of I-601A Waivers
Starting March 4, 2013, certain relatives of American citizens who are in the country illegally and need a waiver of unlawful presence before being eligible for a green card can get a decision on their case before leaving the United States. For those who can take advantage of the new rule, this mean
CA1 Finds Labor Certification Not Timely Filed for 245(i) Purposes
The court found that although the application was submitted on 4/16/01, communications with the SWA and the date-stamp of 7/5/01 were sufficient to support the BIA’s conclusion that the application was not timely filed for 245(i) purposes. (Wu v. Holder, 1/2/13)
DOJ Admissibility Field Guide
In response to a FOIA request, the Department of Justice releases a copy of its Admissibility Field Guide. This guide is used by attorneys at the DOJ’s Office of Immigration Litigation (OIL). Special thanks to Matthew Hoppock.
DOJ Deposition Field Guide
In response to a FOIA request, the Department of Justice releases a copy of its Deposition Field Guide. This guide is used by attorneys at the DOJ’s Office of Immigration Litigation (OIL). Special thanks to Matthew Hoppock.
DOJ OIL December 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) December 2012 Litigation Bulletin where the Eight Circuit ruled that an asylum applicant’s eight-hour detention and unattributed deaths of his children do not constitute past persecution of a particular social group.
Immigration Court & EOIR Closings for 2013 (Updated 8/15/13)
This page includes immigration court and EOIR closures for 2013.
Migration Policy Institute Report on Immigration Enforcement in the United States
Migration Policy Institute (MPI) January 2013 report entitled “Immigration Enforcement in the United States: The Rise of a Formidable Machinery” offering analysis of current immigration enforcement that began with passage of the Immigration Reform & Control Act (IRCA).
Immigration Law Advisor, November-December 2012 (Vol. 6, No. 10)
Immigration Law Advisor, a legal publication from EOIR, with an article on the cancellation of removal criminal bars, as well as circuit court decisions for October and November 2012, and recent BIA precedent decisions.
AILA, AIC and CLINIC Comment on Changes to Form I-131, Application for Travel Document
Joint comments of AILA, AIC, and CLINIC in response to proposed revisions to Form I-131. Changes include instructions for advance parole for Deferred Action for Childhood Arrivals (DACA) recipients and a revised travel warning in light of Arrabally and Yerrabelly.
CA9 Says IJ May Consider Criminal Act without Conviction in Denying Voluntary Departure
The court held that evidence of bad character is relevant to the IJ’s discretionary decision regarding voluntary departure and upheld the denial where Petitioner admitted to sexual conduct with a minor, even though he was not convicted. (Rojas v. Holder, 12/28/12)