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
Michigan Court of Appeals on Driving With Foreign License
The court found that the undocumented defendant did not violate MCL 257.904(4), because he was driving with an expired Mexican license, and noted there is “no basis … to hold that immigration status” is relevant to the statute. (People v. Acosta Baustista, 5/1/12)
Practice Alert: Update on the Return of Removed Noncitizens Following Successful Litigation
AILA ICE Liaison Committee practice alert, providing updated information from the 4/26/12 AILA ICE liaison meeting related to recent guidance from DHS and DOS on facilitating the return of removed noncitizens who prevail on judicial review.
Prisoners of Profit: Immigrants and Detention in Georgia
The American Civil Liberties Union of Georgia documented and evaluated detention conditions for immigrant detainees in Georgia per ICE standards, constitutional standards for detention under the U.S. Constitution and Supreme Court decisions, and international human rights standards for detainees.
CA6 Declines to Transfer Venue, Remands on Firm Resettlement Finding
The court rejected the government’s motion to transfer the asylum case to the Fourth Circuit, and remanded to the BIA to reevaluate the IJ’s firmly resettled finding. (Thiam v. Holder, 4/30/12)
ICE Statistics on Prosecutorial Discretion
ICE statistics on prosecutorial discretion (PD) 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, and more.
ICE FAQs on Facilitating the Return of Certain Removed Aliens
ICE Frequently Asked Questions (FAQs) about ICE Policy Directive Number 11061.1, Facilitating the Return to the United States of Certain Lawfully Removed Aliens, including information on points of contact, transportation documentation, what happens upon return, and more.
BIA Overturns Denial of Motion for Continuance
In an unpublished decision, the BIA overturned the IJ’s denial of a continuance to allow the respondent to pursue adjustment of status, finding that the denial rested on a clearly erroneous factual finding of previous marriage fraud. Courtesy of Nicolas Chavez.
AILA ICE Liaison Committee Meeting Minutes (4/26/12)
AILA ICE Liaison Committee minutes from the 4/26/12 liaison meeting with ICE, including information on facilitating the return of noncitizens who prevail on judicial review, OSUP, Form I-246, prosecutorial discretion, notario fraud victims and U visa applicants, and more.
CA1 on Corroboration in Asylum Proceedings
Applying the law as it existed prior to the REAL ID Act, the court found that the BIA should have made an explicit finding on the adequacy of the asylum applicant’s explanation for failing to corroborate certain aspects of his claim. (Soeung v. Holder, 4/25/12)
DOJ “Clarifies and Corrects” Statements Made to the Supreme Court
Letter from Michael Dreeben, Deputy Solicitor General, to William Suter, Clerk of the Supreme Court, to “clarify and correct” statements made in Nken v. Holder. Includes DHS & DOS guidance on facilitating the return of noncitizens who prevail on judicial review.
Secretary Napolitano Senate Testimony on DHS Oversight
Written testimony of DHS Secretary Janet Napolitano for a 4/25/12 Senate Judiciary Committee hearing titled “The Oversight of the Department of Homeland Security” where she discussed border issues, E-Verify, visitor visas, unauthorized practice of law, and many other issues.
DOS Cable: Parole of Removed Aliens
A 4/24/12 DOS cable outlining the procedures that apply when a noncitizen who was previously removed from the United States, but successfully prevails on judicial review, requests assistance in returning to the United States.
TRAC Report on Historic Drop in Deportation Orders
TRAC report on decrease in deportation orders for January-March 2012, resulting in immigration courts issuing 2,429 fewer deportation orders than in the previous quarter, even as immigration court backlogs increased.
CA9 Finds Misprision of Felony Not CIMT
The court found that misprision of a felony is not categorically a CIMT, and noted that the fact an offense violates “societal duties” is not enough to make it a CIMT; otherwise, every crime would be a CIMT. (Robles-Urrea v. Holder, 4/23/12)
CA2 Finds NY Second-Degree Assault Is an Aggravated Felony
The court found that NY second-degree assault is an aggravated felony, and that Padilla did not overturn precedent holding that the Ex Post Facto Clause is not applicable in the deportation context. (Morris v. Holder, 4/23/12)
CA2 Finds CT Witness Tampering Is an Aggravated Felony
The court found that a Connecticut conviction for witness tampering constitutes an aggravated felony as an “offense relating to obstruction of justice,” and held that the petitioner was ineligible for relief. (Higgins v. Holder, 4/19/12)
TRAC Publishes Latest Data on Prosecutorial Discretion
TRAC report detailing data on ICE’s prosecutorial discretion initiative from the August 2011 announcement through March 28, 2012, including the total number of cases closed, results from the Baltimore and Denver pilot projects, and figures from other courts around the nation.
ICE Notice to Noncitizens with Final Orders Seeking Judicial Review
ICE notice to noncitizens who have received an administratively final order of removal from an immigration judge, the BIA, or DHS concerning the process for facilitating their return in the event of a favorable judicial ruling.
District Court Orders Bond Hearing for LPR Detained Under INA § 235
The court held that the petitioner, an LPR detained for 26 months under INA § 235 after returning from a trip abroad because the government argued he was convicted of an aggravated felony years earlier, was entitled to a bond hearing. Courtesy of Raymond Lahoud. (Bautista v. Sabol, 5/24/12)
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)