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
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)
1999 Congressional Sign On Letter on Guidelines for Use of Prosecutorial Discretion in Removal Proceedings
In 1999 Representatives Smith, Sensenbrenner and others sent a letter to Attorney General Reno and INS Commissioner Meissner expressing concern about “deportations that were unfair and resulted in unjustifiable hardship” and urging them to use discretion in removals.
FAQs on Criminal Records for Deferred Action Applicants (Updated 6/27/12)
Prepared by the National Immigration Project (NLG), these FAQs will help you better understand what your criminal record can mean when applying for deferred action. In English and Spanish.
CA9 Finds BIA Erred In Making Factual Determinations
The court found that the Board committed legal error by engaging in prohibited de novo review and by making its own factual determination when it reversed the IJ’s determination that the petitioner was admissible. (Rodriguez v. Holder, 6/27/12)
CA1 Denies Guatemalan Social Group Claim
The court found the petitioner did not prove that guerilla fighters targeted her family members on account of their membership in the family, and rejected “perceived wealthy Guatemalans returning from abroad” as a particular social group. (Ayala v. Holder, 6/27/12)
BIA Holds that Accessory After the Fact Qualifies as an Aggravated Felony
The BIA held that the respondent’s conviction for accessory after the fact is an aggravated felony because it is “an offense relating to obstruction of justice.” Matter of Valenzuela Gallardo, 25 I&N Dec. 838 (BIA 2012)
Sign-On Letter Regarding DHS’ Announcement on Deferred Action for Certain Undocumented Youth
AILA sign-on letter with over 70 organizations to DHS Secretary Napolitano commending the new initiative offering deferred action for certain undocumented youth and offering policy and operational recommendations.
CA6 Holds Pakistani Petitioner Abandoned LPR Status
The court upheld the BIA’s conclusion that the petitioner abandoned her LPR status after travelling to Pakistan for over 180 days and spending the majority of her time as an LPR in Pakistan. (Lateef v. Holder, 6/26/12)
White House Blog on Deferred Action and Asian Americans
White House blog post from President’s Advisory Commission on Asian Americans and Pacific Islanders member May Chen on President Obama’s decision on deferred action and how Asian Americans need to mobilize for greater immigration reforms.
CIS Ombudsman 2012 Annual Report
A 6/25/12 annual report from Citizenship & Immigration Services Acting Ombudsman Debra Rogers calling for agency action on issues including USCIS Service Requests, Employment Authorization Documents (EADs), Deferred Action processing & other major topics.
CA5 Upholds “Particularity” and “Social Visibility” Requirements in Asylum Case
The court upheld the BIA’s “particularity” and “social visibility” requirements for membership in a particular social group, and found the proposed social group based on resisting gang recruitment did not meet those requirements. (Orellana-Monson v. Holder, 6/25/12)
CA1 on the Meaning of “Conviction” in INA § 237(a)(2)(A)(ii)
The court found that the petitioner was “convicted” of shoplifting for purposes of INA §237(a)(2)(A)(ii), despite the fact that the shoplifting fine was vacated for reasons unrelated to a procedural or substantive error. (Viveiros v. Holder, 6/25/12)
AILA Files Amicus Brief on Whether Remand Decision Is Final Order
AILA amicus brief filed with the Second Circuit on whether a Board decision that remands to the IJ for background checks pursuant to 8 C.F.R. § 1003.47(h) is a final order from which a petition for review may be filed.
CA1 Remands to BIA Due to Inadequately Reasoned Decision
The court held that the petitioner was not eligible for cancellation because she could not impute her father’s time in the U.S. to her continuous residence, but remanded her asylum claim, finding the BIA’s decision inadequately reasoned. (Aponte v. Holder, 6/21/12)
BIA on Applicability of INA § 101(a)(13)(C)(v) to Respondent Seeking to Adjust Status
The BIA held that an LPR who was granted cancellation in proceedings arising from a drug conviction must prove that conviction does not make him inadmissible when adjusting status in subsequent proceedings. Matter of Fernandez Taveras, 25 I&N Dec. 834 (BIA 2012)
IJ Grants Asylum in Gang Retaliation Case
The IJ found that the asylum applicant demonstrated a well-founded fear of persecution because a Salvadoran gang issued targeted threats to her and her family members due to her late brother’s membership in a rival gang. Courtesy of Jean Han.
DOJ Final Rule on Prison Rape Elimination Act
DOJ final rule on adopting national standards to prevent, detect, and respond to prison rape, pursuant to the Prison Rape Elimination Act of 2003 (PREA). Act does not protection the over 400,000 immigrants currently in DHS detention facilities. Rule effective 8/20/12. (77 FR 37106, 6/20/12)
CA6 Holds Washington Conviction for Felony Flight is CIMT
The court found that the petitioner’s Washington state conviction for felony flight, which stemmed from his attempt to evade a police officer who had signaled him to stop, categorically constituted a crime involving moral turpitude. (Ruiz-Lopez v. Holder, 6/19/12)
AILA Factsheet on Relief for DREAMers
AILA guide for advocates on deferred action for undocumented youth.
AILA Responds to DHS Deferred Action Announcement
AILA President Laura Lichter responds to the 6/15/12 announcement by the Obama Administration offering Deferred Action to eligible young immigrants.
CA2 on Adjustment to Full LPR Status for K-1 Visa Holders
The court held that, because the petitioner was originally admitted to the U.S. on a K-1 visa, he cannot adjust his status to that of a full LPR on any basis other than marriage to his original K-1 visa sponsor. (Caraballo-Tavera v. Holder, 6/18/12)
DHS Fact Sheet on Immigration Enforcement System Timeline
DHS timeline on initiatives and steps that DHS has taken to transform our immigration enforcement system from April 2009 to June 2012.
DHS Press Release Announces Deferred Action Process for Certain Young People
DHS press release announcing that effective immediately, certain young people who were brought to U.S. as young children, do not present a risk to public safety, and meet other criteria will be considered for relief from removal or from entering into removal proceedings.
AILA Praises Deferred Action Announcement
The American Immigration Lawyers Association (AILA) applauds today’s announcement offering Deferred Action to eligible younger immigrants.
DOL Secretary Solis Statement on Deferred Action Process
DOL press release from Secretary of Labor Hilda Solis on the deferred action process for young people and its potential impact on the U.S. workforce.