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 Upholds Cancellation and Adjustment Denial Due to Immigration Fraud (Updated 9/2/12)
The court upheld the BIA’s conclusion that the petitioner had engaged in immigration fraud and was ineligible for cancellation or adjustment, noting that the record revealed the IJ didn’t ignore testimony or skip analysis. (Jawad v. Holder, revised 8/30/12)
CA3 Denies CAT Claim Based on Cooperation in Murder Investigation
The petitioner argued that, if deported, he would be tortured by a Jamaican drug gang because of his cooperation in a murder investigation, but the court found he did not show government involvement or acquiescence. (Green v. Att’y Gen., 7/12/12)
Preparing to Represent Deferred Action Clients
The word is out- some DREAMers can stay in! If you are considering representing certain immigrant youth in the deferred action process, AILA’s PPC team brings you a dozen tips to competently handle the influx of clients as you prepare for the new policy announcement.
ICE Congressional Testimony on Secure Communities
Written testimony of ICE Director John Morton for a 7/10/12 House Homeland Security Subcommittee hearing entitled “Building a Secure Community: How Can DHS Better Leverage State and Local Partnerships?” on DHS’ Secure Communities program.
CA9 Holds California Conviction for Resisting an Officer Is Not Categorical Crime of Violence
The court held that a California conviction for resisting an executive officer is not a categorical crime of violence, and remanded the case to the BIA to apply the modified categorical approach. (Flores-Lopez v. Holder, 7/9/12)
AILA’s Pro Bono Newsletter, Summer 2012
Get the latest information on AILA’s pro bono efforts, including the DC chapter’s first prosecutorial discretion clinic and AILA National’s annual pro bono clinic. Also learn organizational tips to plan a successful Citizenship Day!
BIA Establishes Temporary Grace Period for Weather-related Filing Delays (Updated 7/9/12)
The Board of Immigration Appeals was closed July 2-3, 2012, due to extreme weather conditions in the Washington, DC, area. AILA has learned that the BIA will apply a temporary grace period for certain affected filings.
EOIR Announces Filing Deadline Changes Due to Power Outage
EOIR press release announcing filing deadline changes due to power outages in the Washington, D.C., area that disrupted operations at the BIA.
CA1 Denies Asylum to Honduran Tax Analyst
The court found that the Honduran petitioner, who received threats because he wrote a report exposing government fraud, failed to show that he suffered harm amounting to persecution or that he was targeted because of a protected ground. (Lobo v. Holder, 7/6/12)
USCIS Fact Sheet on Deferred Action
USCIS fact sheet reminding people that they are not currently accepting applications for deferred action and that USCIS is developing a process for qualified young people to request deferred action. They will implement the process within 60 days of June 15, 2012.
CA9 on the Material Support Bar and Administrative Waiver Process
The court held that the material support bar does not include an implied exception for legitimate political violence or support under duress, and noted it deferred to the administrative waiver process supplied by Congress. (Annachamy v. Holder, 7/3/12)
EOIR Headquarters After Power Outage
EOIR public notice announcing that all immigration courts, EOIR headquarters and the Board of Immigration Appeals are open again after a closure on 7/2/12 due to a power outage.
Representative Smith States New Deferred Action Policy Incentivizes Fraud
A 7/3/12 letter from Representative Smith (R-TX) to ICE Director Morton expressing concern about fraud and requesting clarification regarding the deferred action policy for certain undocumented youth.
CA5 Finds Petitioner Is Not Entitled to Derivative Citizenship
The court found the petitioner was not entitled to derivative citizenship under INA § 321(a)(2) or (3), and that § 321(a) does not unconstitutionally discriminate on the basis of gender or legitimacy. (Ayton v. Holder, 7/2/12)
EOIR Headquarters Closed Due to Power Outage
According to the EOIR website, EOIR Headquarters is closed today, July 2, 2012, due to a power outage in the building. This includes the Headquarters Immigration Court and the Board of Immigration Appeals. All other immigration courts are open as scheduled.
Practice Alert: Information on BIA Filings During Weather-Related Closure
EOIR Headquarters is currently closed due to a power outage in the building. The Emergency Stay telephone line is open, but unreliable. AILA cannot confirm whether there will be a “grace-period” for weather-related filing delays with EOIR.
CRCL Newsletter, June 2012
DHS Office for Civil Rights and Civil Liberties (CRCL) June 2012 newsletter with information on Supreme Court’s ruling on Arizona SB 1070 law, CVE joint conference in Canada, LGBT Pride Month and more.
Practice Advisory for Criminal Defenders from the Immigrant Legal Resource Center
This advisory, prepared by the Immigrant Legal Resource Center, a partner organization of the Defending Immigrants Partnership (www.defendingimmigrants.org), outlines defense strategies to preserve a client’s possible eligibility for deferred action.
VOICE: July/August 2012
It’s been a busy summer in terms of immigration news, so catch up on all the latest happenings including features on DNA testing, foreign trusts, and other great expert advice for your practice!
DOJ OIL June 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) June 2012 Litigation Bulletin where Fifth Circuit ruled that “particularity” and “social visibility” criteria for “particular social group” asylum claims are reasonable and entitled to Chevron deference.
Immigration Law Advisor, June 2012 (Vol. 6, No. 6)
Immigration Law Advisor, a legal publication from EOIR, with an article on the difference between “admission” and “admitted” in the INA, as well as circuit court decisions for May 2012, recent BIA precedent decisions, and a regulatory update.
Report on Immigration Offenders in the Federal Justice System
DOJ report from Bureau of Justice Statistics (BJS) entitled “Immigration Offenders In The Federal Justice System, 2010” which presents data on criminal and civil immigration violations handled by the federal justice system over the last decade.
CA9 Denies 212(h) Waiver for Failure to Meet Heightened Hardship Standard
The court upheld the BIA’s denial of a 212(h) waiver, holding that the petitioner committed a “violent or dangerous” crime and that he failed to satisfy the heightened hardship standard required by 8 C.F.R.§ 1212.7(d). (Rivera-Peraza v. Holder, 6/29/12)
BIA Holds Returning LPR Is Applicant for Admission
The BIA held that the LPR respondent could be treated as an applicant for admission if DHS shows by clear and convincing evidence that the respondent attempted to bring an undocumented child into the U.S. Matter of Guzman Martinez, 25 I&N Dec. 845 (BIA 2012)
CA9 Finds Jurisdiction over Denial of Alien Crew Member Asylum Claim
The court found that it had jurisdiction to review the denial of an alien crew member’s “asylum-only” proceeding because it is the functional equivalent of a final order of removal, but denied the petition for review. (Nian v. Holder, 6/28/12)