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
CA1 Finds Those Who Oppose Gang Membership Are Not a “Socially Visible” Group
The court held that the Salvadoran petitioner failed to show he would suffer persecution because he opposes gang membership, noting he did not pinpoint any characteristic that renders members of the proposed group socially visible. (Beltrand-Alas v. Holder, 8/17/12)
AILA Amicus Committee Urges BIA to Reject “Social Visibility” Test
The AILA Amicus Committee filed an amicus brief in a case remanded from the Third Circuit, urging the BIA to reject the “social visibility” test in asylum cases and restore the "immutable characteristic" test as the sole measure of particular social groups.
DHS Notice on DACA and Form I-821D (Updated 8/17/12)
DHS notice of information collection under review for 30 days for Form I-821D, Consideration of Deferred Action for Childhood Arrivals. Comments are due 9/17/12. (77 FR 49451, 8/16/12)
CA7 on Untimely Motions to Reopen
The court found the petitioner’s motion to reopen was untimely filed with the BIA, noting that he did not adequately preserve an argument for review, and held he did not qualify for equitable tolling due to ineffective assistance. (El-Gazawy v. Holder, 8/16/12)
Governor Perry’s Letter to Texas Attorney General Regarding the Deferred Action Program
Texas Governor Rick Perry’s letter instructing Texas Attorney General Greg Abbott to ensure that all Texas agencies understand that deferred action confers absolutely no legal status to those that qualify.
Today the DREAM Begins: USCIS Accepts Deferred Action Requests
AILA applauds USCIS for its on-time implementation of the Deferred Action for Childhood Arrivals (DACA) initiative announced by Department of Homeland Security (DHS) Secretary Janet Napolitano on June 15, 2012.
USCIS Begins Accepting Requests for Consideration of Deferred Action for Childhood Arrivals
USCIS press release on meeting its 60-day implementation date and that it will begin accepting requests, effective immediately, for consideration of deferred action for childhood arrivals for certain people who came to the U.S. as children and meet other key guidelines.
Arizona's Governor's Executive Order Regarding Deferred Action
Arizona Governor Jan Brewer’s Executive Order clarifying that individuals granted deferred action under the June 15th memo will not be eligible for Arizona drivers licenses or other state benefits.
CA9 Finds Conviction Under Uniform Code of Military Justice Is Not Aggravated Felony
The court found that the respondent, who had used a government computer to access pornography and was convicted under the UCMJ for violating an order or regulation, had not been convicted of an aggravated felony. (Aguilar-Turcios v. Holder, 8/15/12)
CA2 on Rescinding Adjusted Status
The court rejected the petitioner’s claim that he was the beneficiary of adjustment of status when he received an immigrant visa, and held that the 5-year limitation for rescinding grants of adjustment does not apply to removal proceedings. (Adams v. Holder, 8/15/12)
District Court Issues Settlement Notice in EAD Class Action
The Central District of California announced a settlement agreement in a class action affecting individuals in removal proceedings in Los Angeles who renewed their adjustment application in proceedings and were denied employment authorization. (Dayo v. Napolitano, 8/15/12)
CA11 on Res Judicata and NTA Amendments
The court found that res judicata did not bar proceedings against the respondent, and that DHS had the authority to change the designation of status on the NTA from “inadmissible” to “admitted but removable.” (Dormescar v. U.S. Att’y Gen., 8/15/12)
BIA Faults IJ for Defects in Removal Hearing
The BIA held that the IJ should have given the detained respondent time to obtain an attorney, advised him of possible eligibility for asylum or withholding, and considered his eligibility for voluntary departure. Matter of C-B-, 25 I&N Dec. 888 (BIA 2012)
USCIS Publishes Forms for Consideration of Deferred Action for Childhood Arrivals
USCIS press release announcing that they have submitted a Federal Register notice announcing new forms and instructions to allow individuals to request consideration of deferred action for childhood arrivals from USCIS beginning 8/15/12.
AILA Fact Sheet on Deferred Action for Childhood Arrivals
AILA fact sheet highlighting key features of the DACA initiative and of the young people it will protect and provides links to the relevant forms, as well as additional resources.
CA3 Finds Jurisdiction Over Premature Petition for Review
The court found jurisdiction to review the petition, which was filed before the BIA issued its final decision on the motion to reopen, noting the Attorney General did not show he was prejudiced by letting the petition ripen. (Khan v. Att’y Gen., 8/14/12)
TRAC Report on Increase in Deportations as Orders Fall
Transaction Records Access Clearinghouse (TRAC) report showing that 39,426 people were deported during May 2012. Nearly one in three- or 11,735- were removed from the country under the ‘expedited removal’ authority which allows ICE to bypass the immigration courts.
CA4 Denies NACARA Relief Due to Material Support Bar
The court held that the petitioner was ineligible for NACARA relief because he provided material support to a terrorist organization in the early 1980s by allowing FMLN guerrillas to use his kitchen. (Barahona v. Holder, 8/13/12)
CA5 Holds TX Conviction for Possession of Fraudulent Identifying Information Is CIMT
The court found that the petitioner’s Texas conviction for unlawful possession of fraudulent identifying information is a crime involving moral turpitude, and held she was ineligible for cancellation of removal. (Nino v. Holder, 8/13/12)
CA11 Finds No Jurisdiction to Review Good Moral Character Determination
The court held that it lacked jurisdiction to review the denial of the petitioner’s request for cancellation because it was based on the BIA’s discretionary determination that the petitioner lacked good moral character. (Jimenez-Galicia v. U.S. Att’y Gen., 8/13/12)
AILA Argues BIA Decision on Categorical Approach Should Be Overturned
The AILA Amicus Committee filed an amicus brief with the Second Circuit arguing that the Board’s decision in Matter of Lanferman, which discussed when a criminal statute is divisible, is arbitrary and capricious and should be overturned.
ASISTA Seeks Information on U Visa Clients' Experiences with EOIR
ASISTA survey seeking information on U visa clients' experiences with EOIR and ICE. EOIR requested this information to help safeguard the rights of and improve the process for U visa clients and derivatives with prior EOIR-issued removal orders.
CA5 Finds Petitioner Is Not Eligible for TPS
The court held that the petitioner failed to meet the physical presence and residence requirements for TPS, rejecting the argument that he is eligible for TPS because his parents meet each of the eligibility requirements. (Castillo-Enriquez v. Holder, 8/10/12)
CA9 Denies Cancellation Citing Supreme Court Ruling on Imputation
The court previously had held the petitioner could impute her father’s legal status to herself to satisfy §240A(a), but reversed its decision & denied cancellation following the Supreme Court’s decision in Holder v. Martinez Gutierrez. (Mojica v. Holder, 8/10/12)
IJ Grants El Salvadoran Asylum Case Based on Religious Persecution
In an unpublished decision, the IJ granted asylum and held that the respondent showed a well-founded fear of persecution if he were to return to El Salvador and continue to proselytize and speak out against gangs as part of his religious practice. Courtesy of Ronald Pabis.