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 Finds Petitioner Is Not Entitled to Derivative Citizenship
The court found the petitioner was not entitled to derivative citizenship under INA § 321(a)(2) or (3), and that § 321(a) does not unconstitutionally discriminate on the basis of gender or legitimacy. (Ayton v. Holder, 7/2/12)
CRCL Newsletter, June 2012
DHS Office for Civil Rights and Civil Liberties (CRCL) June 2012 newsletter with information on Supreme Court’s ruling on Arizona SB 1070 law, CVE joint conference in Canada, LGBT Pride Month and more.
Practice Advisory for Criminal Defenders from the Immigrant Legal Resource Center
This advisory, prepared by the Immigrant Legal Resource Center, a partner organization of the Defending Immigrants Partnership (www.defendingimmigrants.org), outlines defense strategies to preserve a client’s possible eligibility for deferred action.
VOICE: July/August 2012
It’s been a busy summer in terms of immigration news, so catch up on all the latest happenings including features on DNA testing, foreign trusts, and other great expert advice for your practice!
DOJ OIL June 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) June 2012 Litigation Bulletin where Fifth Circuit ruled that “particularity” and “social visibility” criteria for “particular social group” asylum claims are reasonable and entitled to Chevron deference.
Immigration Law Advisor, June 2012 (Vol. 6, No. 6)
Immigration Law Advisor, a legal publication from EOIR, with an article on the difference between “admission” and “admitted” in the INA, as well as circuit court decisions for May 2012, recent BIA precedent decisions, and a regulatory update.
Report on Immigration Offenders in the Federal Justice System
DOJ report from Bureau of Justice Statistics (BJS) entitled “Immigration Offenders In The Federal Justice System, 2010” which presents data on criminal and civil immigration violations handled by the federal justice system over the last decade.
CA9 Denies 212(h) Waiver for Failure to Meet Heightened Hardship Standard
The court upheld the BIA’s denial of a 212(h) waiver, holding that the petitioner committed a “violent or dangerous” crime and that he failed to satisfy the heightened hardship standard required by 8 C.F.R.§ 1212.7(d). (Rivera-Peraza v. Holder, 6/29/12)
BIA Holds Returning LPR Is Applicant for Admission
The BIA held that the LPR respondent could be treated as an applicant for admission if DHS shows by clear and convincing evidence that the respondent attempted to bring an undocumented child into the U.S. Matter of Guzman Martinez, 25 I&N Dec. 845 (BIA 2012)
CA9 Finds Jurisdiction over Denial of Alien Crew Member Asylum Claim
The court found that it had jurisdiction to review the denial of an alien crew member’s “asylum-only” proceeding because it is the functional equivalent of a final order of removal, but denied the petition for review. (Nian v. Holder, 6/28/12)
1999 Congressional Sign On Letter on Guidelines for Use of Prosecutorial Discretion in Removal Proceedings
In 1999 Representatives Smith, Sensenbrenner and others sent a letter to Attorney General Reno and INS Commissioner Meissner expressing concern about “deportations that were unfair and resulted in unjustifiable hardship” and urging them to use discretion in removals.
TRAC Report on Prosecutorial Discretion Updates
Transaction Records Access Clearinghouse (TRAC) report showing that as of 6/28/12, a total of 5,684 cases were closed because of prosecutorial discretion. The largest number of prosecutorial discretion closures was 3,060 for Mexico, representing 2.9 percent of their backlog.
CA9 Finds BIA Erred In Making Factual Determinations
The court found that the Board committed legal error by engaging in prohibited de novo review and by making its own factual determination when it reversed the IJ’s determination that the petitioner was admissible. (Rodriguez v. Holder, 6/27/12)
CA1 Denies Guatemalan Social Group Claim
The court found the petitioner did not prove that guerilla fighters targeted her family members on account of their membership in the family, and rejected “perceived wealthy Guatemalans returning from abroad” as a particular social group. (Ayala v. Holder, 6/27/12)
BIA Holds that Accessory After the Fact Qualifies as an Aggravated Felony
The BIA held that the respondent’s conviction for accessory after the fact is an aggravated felony because it is “an offense relating to obstruction of justice.” Matter of Valenzuela Gallardo, 25 I&N Dec. 838 (BIA 2012)
FAQs on Criminal Records for Deferred Action Applicants (Updated 6/27/12)
Prepared by the National Immigration Project (NLG), these FAQs will help you better understand what your criminal record can mean when applying for deferred action. In English and Spanish.
CA6 Holds Pakistani Petitioner Abandoned LPR Status
The court upheld the BIA’s conclusion that the petitioner abandoned her LPR status after travelling to Pakistan for over 180 days and spending the majority of her time as an LPR in Pakistan. (Lateef v. Holder, 6/26/12)
White House Blog on Deferred Action and Asian Americans
White House blog post from President’s Advisory Commission on Asian Americans and Pacific Islanders member May Chen on President Obama’s decision on deferred action and how Asian Americans need to mobilize for greater immigration reforms.
Sign-On Letter Regarding DHS’ Announcement on Deferred Action for Certain Undocumented Youth
AILA sign-on letter with over 70 organizations to DHS Secretary Napolitano commending the new initiative offering deferred action for certain undocumented youth and offering policy and operational recommendations.
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)