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
ICE Memo on the Exercise of Prosecutorial Discretion for Certain Young People
A 6/15/12 ICE memo addressed to all ICE employees concerning the exercise of prosecutorial discretion for certain individuals who entered the U.S. as a child, noting that additional guidance is forthcoming.
DHS FAQs on Deferred Action For Eligible DREAMers
DHS FAQs on the deferred action process for certain young people who were brought to the U.S. as young children, including information on who is eligible to receive deferred action, how the directive will be implemented, eligibility for employment authorization, and more.
DHS Memo on Deferred Action Process for Certain Young People
DHS 6/15/12 memo from Janet Napolitano stating that certain young people who were brought to this country as children lacked the intent to violate the law & specific criteria should be satisfied before an individual is considered for an exercise of prosecutorial discretion.
Transcript of President Obama’s Speech on Deferred Action
White House transcript of 6/15/12 remarks by President Barack Obama on deferred action and that certain young people who were brought to the country as children will be eligible to receive deferred action for a period of two years, subject to renewal.
BIA on Qualifying Relatives for Cancellation Applications
The BIA held that the petitioner did not have a qualifying relative under INA § 240A(b)(1)(D), because his son turned 21 after the application was filed, but before the IJ adjudicated the application. Matter of Isidro-Zamorano, 25 I&N Dec. 829 (BIA 2012)
CA7 Holds It Cannot Review BIA Denial of Motion to Reopen Sua Sponte
The court held that the BIA’s decision not to reopen a case sua sponte is an unreviewable discretionary decision, and that Kucana did not disturb prior circuit precedent on denied motions to reopen sua sponte. (Anaya-Aguilar v. Holder, 6/14/12)
CA3 Vacates Decision on Waiver of Rights under Visa Waiver Program
The court vacated its decision holding that the petitioner had not proved she didn’t execute a waiver when she entered the U.S. as a minor pursuant to the VWP, after OIL discovered she had not actually entered under the VWP. (Vera v. Att’y Gen., 6/13/12)
BIA Holds Admission to Northern Mariana Islands Not Admission for 245(a) Purposes
The BIA held that respondent’s admission to the Commonwealth of the Northern Mariana Islands (CNMI) by a CNMI officer before CNMI was included in the definition of the U.S. did not amount to an admission into the U.S. Matter of Valdez, 25 I&N Dec. 824 (BIA 2012)
TRAC Report on Decline in Federal Criminal Immigration Prosecutions
Transactional Records Access Clearinghouse (TRAC) report that shows a 12 percent decrease of prosecutions resulting from ICE referrals and a six percent decrease in prosecutions from CBP investigations.
Due Process Derailed: How One Dreamer Became a Victim of DHS Blunders, God-like Deference, and Nine Months of Detention
AILA Amicus Committee alert on the case of Jordana Vera, who was a minor when she entered the country and was placed in removal proceedings after overstaying, and her eventual grant of prosecutorial discretion after nine months in detention.
CA9 Finds No Due Process Violation in Video Conference Hearing
The court found that the petitioner’s video-conference hearing on the merits of his cancellation of removal application did not violate his right to due process, but noted that such determinations must be made on a case-by-case basis. (Vilchez v. Holder, 6/19/12)
BIA on Satisfying the CSPA's “Sought to Acquire” Requirement
The BIA held that the CSPA requirement that an applicant seek to acquire LPR status within one year of visa availability can be satisfied by showing circumstances beyond the applicant’s control prevented a timely filing. Matter of Vazquez, 25 I&N Dec. 817 (BIA 2012)
DHS Prosecutorial Discretion Initiative Falls Short
AILA statement calls attention to new information showing implementation of prosecutorial discretion by Immigration Customs and Enforcement (ICE) officers, agents, and attorneys has been far less effective than the public was originally led to expect.
BIA on Determining Good Cause for a Continuance to Adjudicate U Visa Petition
The BIA listed factors for an IJ to consider when deciding whether to grant a continuance, and held that a noncitizen who has filed a prima facie approvable U visa petition should generally be granted a continuance. Matter of Sanchez Sosa, 25 I&N Dec. 807 (BIA 2012)
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.
CA9 Declines to Rehear Case On Definition of Conviction En Banc
The court denied the petition for panel rehearing en banc in a case discussing the definition of “conviction” under INA § 101(a)(48). The dissent argues the panel exceeded its authority, and got the case wrong on its merits. (Planes v. Holder, 6/5/12)
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)
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.”
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.
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.
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.
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)
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.