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
NSC Liaison Q&As from Refugee/Asylee Product Line Teleconference (8/9/12)
The NSC Liaison Committee unofficial Q&As from AILA and other stakeholders from the 8/9/12 teleconference with the NSC on the refugee/asylee produce line.
CA9 Finds No Jurisdiction to Review Denial of MTR for Prosecutorial Discretion
The court ruled that it lacked jurisdiction to review Petitioners’ contention that the agency abused its discretion in denying a motion to reopen to seek prosecutorial discretion. (Vilchiz-Soto v. Holder, 8/9/12)
CA2 Finds Jurisdiction in Detention-Related FTCA Case
The court reversed the district court, finding jurisdiction over the plaintiff’s Federal Tort Claims Act (FTCA) claims related to his immigration detention because there is “private analogue” in state law. (Liranzo v. U.S., 8/9/12)
New Jersey District Court on “When Released” Language in §236(c)
NJ district court found that the petitioner, who was detained by DHS 5 years after release from criminal custody, is entitled to a bond hearing and noted many courts have held that the “when released” language is unambiguous. Courtesy of Paul Grotas. (Dimanche v. Tay-Taylor, 8/9/12)
AILA Consumer Advisory: Deferred Action for Certain Young Immigrants: Don’t Get Scammed!
AILA adds Spanish language advisory following the 8/3/12 USCIS release of updated DACA FAQs. This document cautions those who will apply for deferred action to wait until 8/15/12 as well as listing detailed eligibility criteria as outlined by USCIS.
CA9 Reverses Injunction on AZ SB 1070 “Show Me Your Papers” Provision, Remands to District Court
In accordance with the Supreme Court’s decision in Arizona v. U.S., the court reversed the district court’s grant of a preliminary injunction on Arizona SB 1070 Section 2(B), and affirmed the enjoinder of Sections 3, 5(C), and 6. (U.S. v. Arizona, 8/8/12)
White House Report on Obama Agenda and the Hispanic Community
August 2012 White House report on what the policies and programs of the Obama Administration have meant for Hispanic Americans throughout the first three and a half years, including sections on comprehensive immigration reform, the DREAM Act, deferred action and more.
ICE Directive on Employee Code of Conduct
ICE directive dated 8/7/12 setting forth general standards of conduct for ICE employees, including information on loyalty, honesty, courtesy, professionalism, and ethical standards; proper use of government property, including information; and prohibitions on misconduct.
CA6 on Discretion to Waive Multiple Misrepresentations
In a case involving two misrepresentations, the court granted the petition, rejecting the argument that INA §237(a)(1)(H) only permits waiver of the misrepresentation the alien makes at the time of his otherwise lawful admission. (Avila-Anguiano v. Holder, 8/7/12)
CA2 Remands Vartelas Ineffective Assistance Claim to BIA
Recognizing that the Supreme Court’s decision required it to conclude that Petitioner was prejudiced by his attorneys’ failure to argue retroactivity, the court remanded for a determination as to the quality of his attorneys’ performance. (Vartelas v. Holder, 8/6/12)
CA8 Remands, Finds BIA Applied Wrong Standard of Review
The court found that the BIA did not err in concluding that Petitioner committed a “violent or dangerous crime” under 8 CFR §1212.7(d), but that it engaged in improper fact finding and failed to review the IJ’s findings for clear error. (Waldron v. Holder, 8/6/12)
CA8 Upholds Denial of Asylum for Witness in Israeli Murder Trial
The court found that Petitioner failed to establish that the government condoned the harassment directed toward Petitioner by private parties, or that it was helpless to protect against it. (Salman v. Holder, 8/6/12)
New Jersey District Court Orders Bond Hearing
The NJ district court held that the petitioner, who was detained by DHS over two years after his release from criminal custody, is entitled to a bond hearing under the plain meaning of INA §236(c) . Courtesy of Paul Grotas. (Munoz v. Tay-Taylor, 8/6/12)
CA10 Upholds Denial of Asylum Based on Fear of MS-13
In a nonprecedential decision, the court found that although evidence suggests that gang violence exists in El Salvador, Petitioner failed to prove that she would be singled out and persecuted due to her uncles’ military service and anti-gang activities. (Campos-Perez v. Holder, 8/6/12)
USCIS Brochure on How to Request Deferred Action for Childhood Arrivals
USCIS 8/3/12 brochure on how to request consideration of deferred action for childhood arrivals, including information on eligibility criteria, supporting evidence, request procedures, fees, confidentiality, and more.
USCIS Performance Data Statistics on Various Form Types
USCIS performance data providing the total number of receipts and approvals, by quarter, for many applications and petition form types submitted to USCIS for adjudication from October 2011 to June 2012.
USCIS Flowchart on Consideration of Deferred Action for Childhood Arrivals
USCIS flowchart providing guidelines for potential applicants to determine if they meet the criteria for requesting Deferred Action for Childhood arrivals. A broad overview of the filing process is also provided.
DHS Press Release on Deferred Action for Childhood Arrivals Process
USCIS press release providing additional information on the deferred action for childhood arrivals process during a national media call in preparation for the August 15, 2012, implementation date.
NSC Stakeholder Newsletter, August 2012
NSC August 2012 stakeholder newsletter, which includes information on developments on deferred action, asylum EAD clock, expedited case review on I-90 biometric no-shows, and more.
BIA on Evidence of Hardship to Child for Cancellation of Removal
The BIA held that a cancellation applicant need not provide evidence of the child’s care and support upon the alien’s removal if the child will remain in the U.S. with the other parent, even if undocumented. Matter of Calderon-Hernandez, 25 I&N Dec. 885 (BIA 2012)
AILA Amicus Committee Seeks Mandatory Detention Cases
The AILA Amicus Committee is seeking compelling habeas or bond cases that involve noncitizens who were detained by ICE some period of time (not immediately) after they were released from state or federal custody on the underlying criminal conviction.
Appellant’s Brief on Appeal Arguing Jurisdiction in Naturalization Case
Sample appellant’s brief on appeal at the Sixth Circuit arguing that the plaintiff exhausted his administrative remedies where he appeared for an N-336 interview and voluntarily terminated the interview prior to completion. (August 2012). (Direct Appeal from District Court)
Settlement Agreement in Dayo v. Napolitano
On 8/9/12, USCIS entered into a settlement in Dayo, et al. v. Napolitano. The class actions affects individuals in removal proceeds in Los Angeles who renewed their adjustment application in proceedings and were denied employment authorization.
CA7 Rejects Ineffective Assistance Claim Based on Failure to Notify Counsel
The court found that Petitioner failed to comply with Lozada’s notification-to-counsel requirement, rejecting his argument that compliance with the Illinois Attorney Registration and Disciplinary Commission rules was sufficient. (Marinov v. Holder, 8/1/12)
CA9 Strikes Down Asylum Termination Regulations
Quoting The Beatles, “All You Need Is Love,” the court found that under INA §208(c)(2), Congress conferred the authority to terminate asylum exclusively on DOJ (not DHS) and invalidated 8 CFR §§208.24(a) and 1208.24(a) as ultra vires. (Nijjar v. Holder, 8/1/12)