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
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)
BIA Finds Utah Aggravated Assault Is Not a Categorical Crime of Violence
In an unpublished decision, the BIA remanded the case to the IJ, finding that Utah Code §76-5-103 is a divisible statute and that a conviction for aggravated assault under this provision is not a categorical crime of violence under 8 USC §16(b). Courtesy of Christopher Keen.
Exercise of Prosecutorial Discretion with Respect to LGBT Individuals
A 7/31/12 letter signed by 54 Members of Congress requesting a written policy from Sec. Napolitano of her commitment to direct DHS personnel to consider LGBT family ties as a positive factor for the exercise of prosecutorial discretion and Secretary Napolitano’s letter in response.
ICE Releases Updated Form 71-012, Parole Advisal and Scheduling Notification Form
Updated Form 71-012, used to notify arriving aliens who receive a credible fear finding of the parole review process, including expanded information on documents for ICE to consider when assessing whether to parole an individual from detention.
CA8 Finds North Dakota Racketeering Conviction Is an Aggravated Felony
The court rejected the argument that INA §101(a)(43)(J) requires a state racketeering offense to have an interstate or foreign commerce element and found that Petitioner’s North Dakota racketeering conviction was an aggravated felony. (Spacek v. Holder, 7/31/12)
CA6 Upholds Finding that Petitioner Assisted in Torture
The court rejected Petitioner’s due process challenges and upheld the IJ and BIA’s finding that he assisted in the torture of others, noting that he had the requisite knowledge that the torture was to occur or was occurring. (Abdallahi v. Holder, 7/31/12)
AILA Files Amicus Brief Urging CA8 to Rehear Case on CIMT Analysis
The AILA Amicus Committee filed an amicus brief urging the Eighth Circuit to rehear Bobadilla v. Holder, which upheld the analysis set forth in Silva-Trevino and applied its “realistic probability” analysis.
TRAC Report on Decline of ICE Deportation Filings
Transactional Records Access Clearinghouse (TRAC) report projecting that deportation filings will reach only 212,749 in FY2012 once all late reports are in. This would represent a drop of 10% -- more than 24,000 cases -- from the previous year during FY2011.
CA1 Finds Petitioner Abandoned Asylum Application
The court found that the IJ did not err in denying the petitioner’s last-minute request to continue her hearing and dismissing her asylum application as abandoned, noting that she failed to submit court-ordered documents. (Gomez-Medina v. Holder, 7/27/12)
AILA Files Amicus Brief at Supreme Court on Padilla Retroactivity
The AILA Amicus Committee filed a brief urging the Supreme Court to find that Padilla v. Kentucky may be applied retroactively. The brief describes the immigrants whose lives will be affected profoundly by the Court’s decision.
EOIR Notice on Prosecutorial Discretion
EOIR public notice stating that under the process known as prosecutorial discretion, DHS reviews pending cases to see whether they meet certain criteria for cases that are considered a low enforcement priority & if so, DHS may request "administrative closure" of the case.
BIA Holds K-4 Visa Holder Cannot Adjust Status
The BIA held that the K-4 visa holder could only adjust status based on the I-130 filed by the K visa petitioner, and not on the basis of her own subsequent marriage to a US citizen. Matter of Valenzuela, 25 I&N Dec. 867 (BIA 2012)
TRAC Report on Rising Immigration Backlog Wait Times
Transactional Records Access Clearinghouse (TRAC) report from July 2012 which shows that at the end of June 2012, the backlog of cases for immigration courts reached a new all-time high of 314,147 and also provides the average time that these pending cases have been waiting.
Sample Grants of Deferred Action by ICE
Sample grants of deferred action by ICE for individuals who came to the U.S. as children and are in removal proceedings. Please note: These are NOT affirmative deferred action grants by USCIS. USCIS has not yet announced the affirmative application process.
Secretary Napolitano House Testimony on DHS Oversight
Written testimony of DHS Secretary Janet Napolitano for a 7/19/12 House Committee on the Judiciary hearing titled “Oversight of the Department of Homeland Security” where she discusses immigration-related issues pertaining to DHS.
BIA Holds Municipal Court Judgment Is Conviction for Immigration Purposes
The BIA held that a judgment of guilt by a Wichita, KS municipal court is a conviction for immigration purposes and that violations of a municipal ordinance can serve as grounds for removability. Matter of Cuellar-Gomez, 25 I&N Dec. 850 (BIA 2012)
AILA Files Amicus Brief on Bar Admission of Undocumented Individuals
Amicus brief filed by AILA and other NGOs in In Re Garcia, arguing that federal immigration law does not preclude a noncitizen who lacks permission to remain in the US from gaining admission to the State Bar of California as a licensed lawyer.
House Democrats Thank President Obama for Deferred Action Policy
A 7/18/12 letter from 104 House Democrats to President Obama expressing support and appreciation for DHS’ June announcement of a deferred action policy for certain undocumented youth.
CA3 Finds FDCA Conviction Is Not an Aggravated Felony
The court held that a conviction for violating the FDCA’s provisions prohibiting the unlicensed wholesale distribution of prescription drugs is not an aggravated felony or a conviction relating to a controlled substance. (Borrome v. Att’y Gen., 7/18/12)
CA8 on Particular Social Group in Guatemalan Asylum Claim
The court held that “Guatemalans returning from the U.S. who are perceived as wealthy” is not a particular social group within the meaning of the INA, and denied the petition for review. (Matul-Hernandez v. Holder, 7/17/12)
AILA Files Amicus Brief on Mandatory Detention Under §236(c)
AILA Amicus brief asking the Fourth Circuit to rehear Hosh v. Lucero en banc. In Hosh, the court found the petitioner was subject to mandatory detention, despite the fact he was not taken into federal custody immediately upon his release from state custody.
2011 Digest of United States Practice in International Law
Department of State 2011 Digest of United States Practice in International Law with sections on temporary protected status, international adoption, asylum/refugee issues and many other immigration-related topics.
GAO Report on Secure Communities
A GAO report on addressing enforcement trends under Secure Communities, ICE’s adherence to best practices in acquiring Secure Communities–related technology, and ICE safeguards to help protect against potential civil rights abuses under Secure Communities.
CRS Memo Report on Deferred Action & Prosecutorial Discretion
Congressional Research Service (CRS) report memorandum from 7/13/12 called “Analysis of June 15, 2012 DHS Memorandum, Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” on President Obama’s decision on deferred action.