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 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)
DOJ Final Rule on Prison Rape Elimination Act
DOJ final rule on adopting national standards to prevent, detect, and respond to prison rape, pursuant to the Prison Rape Elimination Act of 2003 (PREA). Act does not protection the over 400,000 immigrants currently in DHS detention facilities. Rule effective 8/20/12. (77 FR 37106, 6/20/12)
CA6 Holds Washington Conviction for Felony Flight is CIMT
The court found that the petitioner’s Washington state conviction for felony flight, which stemmed from his attempt to evade a police officer who had signaled him to stop, categorically constituted a crime involving moral turpitude. (Ruiz-Lopez v. Holder, 6/19/12)
AILA Factsheet on Relief for DREAMers
AILA guide for advocates on deferred action for undocumented youth.
AILA Responds to DHS Deferred Action Announcement
AILA President Laura Lichter responds to the 6/15/12 announcement by the Obama Administration offering Deferred Action to eligible young immigrants.
CA2 on Adjustment to Full LPR Status for K-1 Visa Holders
The court held that, because the petitioner was originally admitted to the U.S. on a K-1 visa, he cannot adjust his status to that of a full LPR on any basis other than marriage to his original K-1 visa sponsor. (Caraballo-Tavera v. Holder, 6/18/12)
AILA Praises Deferred Action Announcement
The American Immigration Lawyers Association (AILA) applauds today’s announcement offering Deferred Action to eligible younger immigrants.
DHS Fact Sheet on Immigration Enforcement System Timeline
DHS timeline on initiatives and steps that DHS has taken to transform our immigration enforcement system from April 2009 to June 2012.
DHS Press Release Announces Deferred Action Process for Certain Young People
DHS press release announcing that effective immediately, certain young people who were brought to U.S. as young children, do not present a risk to public safety, and meet other criteria will be considered for relief from removal or from entering into removal proceedings.
DOL Secretary Solis Statement on Deferred Action Process
DOL press release from Secretary of Labor Hilda Solis on the deferred action process for young people and its potential impact on the U.S. workforce.
ICE Memo on the Exercise of Prosecutorial Discretion for Certain Young People
A 6/15/12 ICE memo addressed to all ICE employees concerning the exercise of prosecutorial discretion for certain individuals who entered the U.S. as a child, noting that additional guidance is forthcoming.
DHS FAQs on Deferred Action For Eligible DREAMers
DHS FAQs on the deferred action process for certain young people who were brought to the U.S. as young children, including information on who is eligible to receive deferred action, how the directive will be implemented, eligibility for employment authorization, and more.
DHS Memo on Deferred Action Process for Certain Young People
DHS 6/15/12 memo from Janet Napolitano stating that certain young people who were brought to this country as children lacked the intent to violate the law & specific criteria should be satisfied before an individual is considered for an exercise of prosecutorial discretion.
BIA on Qualifying Relatives for Cancellation Applications
The BIA held that the petitioner did not have a qualifying relative under INA § 240A(b)(1)(D), because his son turned 21 after the application was filed, but before the IJ adjudicated the application. Matter of Isidro-Zamorano, 25 I&N Dec. 829 (BIA 2012)
Transcript of President Obama’s Speech on Deferred Action
White House transcript of 6/15/12 remarks by President Barack Obama on deferred action and that certain young people who were brought to the country as children will be eligible to receive deferred action for a period of two years, subject to renewal.
CA7 Holds It Cannot Review BIA Denial of Motion to Reopen Sua Sponte
The court held that the BIA’s decision not to reopen a case sua sponte is an unreviewable discretionary decision, and that Kucana did not disturb prior circuit precedent on denied motions to reopen sua sponte. (Anaya-Aguilar v. Holder, 6/14/12)
BIA Holds Admission to Northern Mariana Islands Not Admission for 245(a) Purposes
The BIA held that respondent’s admission to the Commonwealth of the Northern Mariana Islands (CNMI) by a CNMI officer before CNMI was included in the definition of the U.S. did not amount to an admission into the U.S. Matter of Valdez, 25 I&N Dec. 824 (BIA 2012)
CA3 Vacates Decision on Waiver of Rights under Visa Waiver Program
The court vacated its decision holding that the petitioner had not proved she didn’t execute a waiver when she entered the U.S. as a minor pursuant to the VWP, after OIL discovered she had not actually entered under the VWP. (Vera v. Att’y Gen., 6/13/12)
TRAC Report on Decline in Federal Criminal Immigration Prosecutions
Transactional Records Access Clearinghouse (TRAC) report that shows a 12 percent decrease of prosecutions resulting from ICE referrals and a six percent decrease in prosecutions from CBP investigations.
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.
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.