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
New Mexico District Court on Mandatory Detention Under 236(c)
In an unpublished decision, the District of New Mexico found that the mandatory detention provisions of INA § 236(c) did not apply because the petitioner was not detained immediately upon his release from criminal custody. Courtesy of Olsi Vrapi. (Valdez v. Terry, 4/18/12)
CA11 Finds Petition for Review Untimely Where Court was “Accessible”
The court found that it lacked jurisdiction to consider the petition for review, which was received 31 days after the BIA issued its order, because the Clerk’s office was accessible on the day the petition was due. (Lin v. U.S. Att’y Gen., 4/17/12)
USCIS Memo on Implementation of Reasonable Fear Processing Timelines
USCIS memo dated 4/17/12 on implementing reasonable fear processing timelines and reporting mechanisms. The memo revises the 2003 “Draft Reasonable Fear Procedures Manual,” and updates the 2005 “User's Guide to Entering Information in the Asylum Pre-Screening System.”
CA3 Holds That INA § 101(a)(43)(M)(i) Requires Actual Loss
The court found that the petitioner’s conviction for knowingly making a false statement in a bankruptcy proceeding was not an aggravated felony under INA §101(a)(43)(M)(i), because his offense did not cause an actual loss. (Singh v. Att’y Gen., 4/16/12)
ICE Detainee Dies at Colorado Hospital
ICE press release on the death of a 46-year-old man from Gabon, who died in ICE custody at the Aurora Medical Center in Aurora, Colorado, after complaining of chest pains. He is the seventh detainee to die in ICE custody in FY2012.
CA1 Upholds Denial of Cancellation of Removal Based on False Testimony
The court found it had authority to review the decision on the petitioner’s cancellation of removal application, upheld the IJ and BIA’s adverse credibility determination, and found that he was statutorily barred from relief. (Restrepo v. Holder, 4/12/12)
CA1 Issues Final Judgment in 18-Year-Old Asylum Case
The court found authority to issue a final judgment in the asylum case of a former Peruvian military officer, noting that it explicitly retained jurisdiction over the case after remanding to the BIA in 2011. (Castaneda-Castillo v. Holder, 4/12/12)
BIA Finds IJ Should Have Granted Continuance
In an unpublished decision, the BIA held that the immigration judge should have granted the respondent’s request for a continuance in order to pursue a waiver petition under INA § 216(c)(4), and remanded the case for further proceedings. Courtesy of Fausto Falzone.
BIA on Refugees in Removal Proceedings
The BIA held that a refugee who has not adjusted status can be placed in removal proceedings without a prior inadmissibility determination by DHS, but that the charges of removability must be under INA § 237, not § 212. Matter of D-K-, 25 I&N Dec. 761 (BIA 2012)
AILA Files Amicus Brief in En Banc Rehearing of Garfias-Rodriguez
AILA amicus brief in Garfias-Rodriguez v. Holder, arguing that noncitizens who are inadmissible under INA §212(a)(9)(C)(i)(I) may seek adjustment of status under INA §245(i). AILA previously filed an amicus brief in support of the rehearing en banc.
DOJ Open Government Plan 2012’ Report
DOJ report on setting forth ongoing and anticipated efforts to increase openness including sections on FOIA, EOIR and outreach to minority and immigrant workers communities around the country.
New Jersey District Court on Mandatory Detention Under 236(c)
In an unpublished decision, the District of New Jersey granted the habeas petition and found that mandatory detention under INA § 236(c) does not apply where the noncitizen was taken into custody over 12 years after the statutory offense. Courtesy of Michael Z. Goldman. (X v. Elwood, 4/9/12)
BIA Finds Murder with No Intent to Kill is Aggravated Felony
The BIA held that a conviction for murder requiring a showing that the perpetrator acted with extreme recklessness or a malignant heart is an aggravated felony, notwithstanding that no intent to kill was established. Matter of M-W-, 25 I&N Dec. 748 (BIA 2012)
DHS OIG Report on the Effectiveness of Secure Communities
DHS OIG report assessing whether Secure Communities was effective in identifying noncitizens with criminal convictions, and whether ICE appropriately prioritized cases for removal action.
ICE Responds to Secure Communities Task Force Recommendations
ICE’s 4/27/12 response to a September 2011 Homeland Security Advisory Council’s Task Force on Secure Communities report, which recommended ways for ICE to improve the Secure Communities program.
Passover In The First Person
A version of this blog was originally posted on April 19, 2011 and on the Huffington Post This week Jews all over the world celebrate Passover. Extended families, friends and strangers gather together and relive the story of the Exodus from the bondage of the Pharaohs of Egypt. It is a holiday of fr
CA11 on Right to Confidentiality in Asylum Proceedings
The court affirmed the adverse credibility finding, and found the investigator’s disclosure of the petitioner’s name to a Ukrainian hospital administrator did not breach her right to confidentiality in the asylum process. (Lyashchynska v. U.S. Att’y Gen., 4/4/12)
AILA Comments on EOIR’s Recognition and Accreditation Program
AILA’s comments on the regulations governing the EOIR Recognition and Accreditation Program, encouraging EOIR to adopt additional safeguards to help strengthen the program and combat program-related fraud.
ICE Report on Deportation of Parents of U.S.-Born Citizens During FY2011
ICE semi-annual report on detailed evaluation of the process and required changes to begin tracking the deportation of people with U.S.-born children for the first half of FY2011.
CRCL Newsletter, April 2012
DHS Office for Civil Rights and Civil Liberties (CRCL) January 2012 newsletter with information on LGBT equality, national detention standards and the new DHS Language Access Plan.
BIA Sua Sponte Reopens Proceedings Based on Inaccurate Admission
In an unpublished decision, the BIA sua sponte reopened proceedings based on exceptional circumstances, because the respondent admitted to two controlled substance convictions which did not exist during a hearing with his prior attorney. Courtesy of Charles Medina.
EOIR Provides Cost Saving Analysis on the Legal Orientation Program
EOIR provided a cost-saving analysis report on the Legal Orientation Program (LOP) from FY2009 through FY2011, finding that detained individuals’ participation in the LOP significantly reduced the length of their immigration court proceedings.
Additional Court Dockets Suspended for Prosecutorial Discretion Review
News release announcing that EOIR will suspend or partially suspend the non-detained docket in seven additional cities beginning in late April, in order to facilitate DHS’s review of pending removal cases for grants of prosecutorial discretion.
CA9 on Standard of Review for Particularly Serious Crime Determination
The court held that determining whether a crime is particularly serious for the purposes of a withholding claim is an inherently discretionary decision, and that they will review such decisions for abuse of discretion. (Arbid v. Holder, 4/3/12, amended 11/9/12)
IJ Grants Asylum to Salvadoran Youth Targeted for Gang Reprisal
The Immigration Judge found that the applicant had a well-founded fear of future persecution on account of his family ties, where the applicant’s father had been convicted of raping the sister of a gang member and the gang sought revenge. Courtesy of Nikki Mehrpoo Jacobson.