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
CA8 Holds That It Lacks Jurisdiction to Review VAWA Cancellation Denial
The court held that it lacked jurisdiction to review the decision to deny VAWA cancellation, finding that the petitioner’s argument was actually challenging how the BIA weighed the relevant factors. (Hamilton v. Holder, 6/5/12)
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.
NBC Practice Alert: Proving EAD Eligibility for Applicants in Removal Proceedings (Updated 7/14/14)
AILA NBC Liaison Committee practice alert informing members of the type of evidence that may be submitted to demonstrate that an applicant in removal proceedings, including proceedings that have been administratively closed, is eligible for an EAD.
EOIR Releases FOIA Service Center Proactive Disclosure Policy
EOIR released its proactive disclosure policy including the four categories of agency records that must routinely be made “available for public inspection and copying.”
Immigration Law Advisor, May 2012 (Vol. 6, No. 5)
Immigration Law Advisor, a legal publication from EOIR, with an article on applying timing rules in immigration proceedings, as well as circuit court decisions for April 2012, recent BIA precedent decisions, and a regulatory update.
DOJ OIL May 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) May 2012 Litigation Bulletin where the Supreme Court deferred to BIA’s interpretation that imputation is not available to applicant for cancellation and other issues related to adjustment of status and other decisions.
DOJ Inspector General Semiannual Report to Congress
DOJ semiannual report to Congress from the Office of the Inspector General on developments from 10/1/11 to 3/31/12, including a section on the Executive Office for Immigration Review.
EOIR Releases Language Access Plan
EOIR released its plan for ensuring limited English proficient persons have meaningful access to EOIR services. This Legal Action Plan (LAP) provides a detailed summary of EOIR’s current efforts to ensure meaningful access to LEP persons and an analysis of language access at EOIR.
CA7 to Rehear Asylum Case on Particular Social Group En Banc
The court ordered that Cece v. Holder – a decision in an asylum case which held the petitioner’s proposed social group lacked the required common, immutable characteristic - be reheard en banc. (Cece v. Holder, 5/31/12)
TRAC Report on Prosecutorial Discretion by Location
Transaction Records Access Clearinghouse (TRAC) report showing that as of 5/31/12, a total of 4,585 cases were closed under a special ICE program where the number of cases closed due to prosecutorial discretion (PD) was up from 2,609 as of the end of March 2012.
IJ Grants Administrative Closure under Avetisyan in DOMA Case
In an unpublished decision, the IJ granted respondent’s request to administratively close the case over objection by the government. The case implicates DOMA, and the IJ agreed that admin closure was appropriate until the BIA decides Dorman. Courtesy of Bryon Large.
CA8 Remands Case for CIMT Analysis Under Silva-Trevino
Applying the “realistic probability” analysis set forth in Silva-Trevino, the court concluded that the petitioner’s conviction for providing a false name to a peace officer was not categorically a crime involving moral turpitude. (Bobadilla v. Holder, 5/29/12)
DHS Proposes New “Social Distinction” Test in Asylum Case
DHS proposed a new "social distinction” test for asylum cases in its brief in Valdiviezo-Galdamez, on remand from a Third Circuit decision which rejected the BIA’s "social visibility" and "particularity" tests for determining if a particular social group exists.
ICE Statistics on Prosecutorial Discretion - May 29, 2012
ICE statistics on prosecutorial discretion, as of May 29, 2012, provided to AILA, including the number of cases reviewed, number of cases identified for a grant of PD, number of cases granted deferred action and stays of removal.
Law Professors on Executive Action for DREAMers
A 5/28/12 letter from law professors addressing issues that may arise as agencies and officials within the Executive Branch consider various administrative options in cases involving potential beneficiaries of the Development, Relief, and Education for Alien Minors (DREAM) Act.
CA4 Upholds Matter of Rojas on Mandatory Detention under § 236(c)
The court found that the petitioner is subject to mandatory detention under § 236(c), despite the fact he was not taken into federal custody immediately upon his release from state custody. (Hosh v. Lucero, 5/25/12)
CA11 Strikes Down Post-Departure Bar Regulation
The court held that the departure bar in 8 C.F.R. § 1003.2(d), which prohibits the BIA from considering a motion to reopen filed by a noncitizen who is outside of the U.S., impermissibly conflicts with the INA § 240(c)(7)(A). (Lin v. U.S. Att’y Gen., 5/23/12)
CA11 Remands §209(c) Waiver Denial
The court found that the IJ and BIA erred by failing to consider country conditions in Sudan and the hardship the petitioner would suffer if removed when they denied his waiver application under INA § 209(c). (Makir-Marwil v. U.S. Att’y Gen., 5/22/12)
CA3 Says Re-entry Did Not Start New Period of Continuous Residence
The court held that the petitioner was not eligible for cancellation because a drug offense triggered the stop-time rule, and that a new period of continuous residence did not start when he re-entered the U.S. after a two-day trip. (Nelson v. Att’y Gen., 5/22/12)
CRCL Newsletter, May 2012
DHS Office for Civil Rights and Civil Liberties (CRCL) May 2012 newsletter with information on Secure Communities, Asian-Pacific American Heritage month and more.
Supreme Court Says Child Cannot Rely on Parent’s Status and Residence to Establish Cancellation Eligibility
The Court upheld the BIA’s interpretation of the criteria for cancellation of removal, holding that a noncitizen living in the U.S. as a child cannot count his parent’s years of residence or time as a LPR to satisfy §240A(a). (Holder v. Martinez Gutierrez, 5/21/12)
CA7 on Tolling of 90-Day Period for Filing a Motion to Reopen
The court held that a motion to reopen must be filed within 90 days of the BIA’s initial dismissal of an appeal, regardless of whether a motion to reconsider is pending. (Sarmiento v. Holder, 5/21/12)
Administration Misses Opportunity to Protect Immigrants Held in Detention
New regulations issued by DOJ exclude immigrants in DHS facilities from the Prison Rape Elimination Act (PREA). AILA believes this was a missed opportunity to protect the estimated 400,000 individuals held in immigration detention facilities each year.
CA11 Finds It Lacks Jurisdiction to Review Battered-Spouse Determination
The court found that it lacked jurisdiction to review whether the petitioner was “battered or subjected to extreme cruelty” for the purposes of §240A(b)(2), holding that it is a discretionary determination. (Bedoya-Melendez v. U.S. Att’y Gen., 5/17/12)
Presidential Memo on Prison Rape Elimination Act
Presidential memorandum expressing Obama Administration's conclusion that PREA applies to all Federal confinement facilities, including those operated by executive departments and agencies other than DOJ, whether administered by Federal Government or a private organization.