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
Plaintiff’s Reply Brief Arguing Jurisdiction in Naturalization Case
Sample plaintiff’s reply brief arguing that the plaintiff exhausted his administrative remedies where he appeared for an N-336 interview and voluntarily terminated the interview prior to completion. (March 2012). (Motion to Dismiss; Rule 12)
DOJ OIL February 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) February 2012 Litigation Bulletin with major asylum cases including First Circuit ruling that generalized political motive underlying a persecutor’s mistreatment does not establish persecution on account of political opinion.
DOJ OIL March 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) March 2012 Litigation Bulletin where 9th Circuit held that solicitation of prostitution is categorically a CIMT under California law, 3rd Circuit ruled that 4-year detention during pendency of appeals is unreasonable and more.
Immigration Law Advisor, February 2012 (Vol. 6, No. 2)
Immigration Law Advisor, a legal publication from EOIR, with an article on who benefits from the ambiguity in an inconclusive record of conviction, as well as circuit court decisions for January 2012, recent BIA precedent decisions, and a regulatory update.
CA3 on Waiver of Rights Under the Visa Waiver Program
The court held that the petitioner had not rebutted the presumption that she executed a waiver when she entered the U.S. as a minor pursuant to the Visa Waiver Program. (Vera v. Att’y Gen., 3/1/12)
CA9 to Rehear Grafias-Rodriguez En Banc
The court ordered that Garfias-Rodriguez v. Holder, in which the Ninth Circuit held that aliens who are inadmissible under INA §212(a)(9)(C)(i)(I) may not seek adjustment of status under INA §245(i), be reheard en banc. (Garfias-Rodriguez v. Holder, 3/1/12)
CA8 Upholds Social Visibility/Particularity Inquiries in Asylum Claim
The court denied the petitioner’s gang-based asylum claim, and upheld “social visibility” and “particularity” as requirements for establishing membership in a particular social group. (Gaitan v. Holder, 3/1/12)
VOICE: March/April 2012
Spring into the March/April edition of VOICE! This issue contains great information and helpful tips on hiring the right employees for your firm, I-129 forms, prosecutorial discretion, and more! Plus, watch AILA’s first animated video, “The Impossible Dream.”
CA5 on Ineffective Assistance and Derivative Citizenship
The court found that the appellant’s attorney failed to research the appellant’s derivative citizenship defense before advising him to plead guilty to falsely claiming U.S. citizenship and to an illegal re-entry charge. (U.S. v. Juarez, 2/24/12, revised 2/29/12)
CA9 Finds Violation of California Penal Code § 647(b) is CIMT
The court found that the petitioner’s conviction in California for disorderly conduct involving prostitution was a crime involving moral turpitude (CIMT), and that the petitioner was deportable for having been convicted of two CIMTs. (Rohit v. Holder, 2/29/12)
CA2 Says IJs May Decline to Make Frivolousness Finding
The court held that an IJ can find that a noncitizen filed a frivolous asylum application even when the noncitizen has withdrawn her application, but also held that an IJ retains discretion to decline to make a frivolousness finding. (Zheng v. Holder, 2/27/12)
ICE Policy Memo on Facilitating the Return of Certain Removed Aliens
A 2/24/12 policy memo from John Morton describing ICE’s policy for facilitating the return to the United States of certain lawfully removed aliens whose petitions for review are granted by a U.S. Court of Appeals or the U.S. Supreme Court. Courtesy of Maria Baldini-Potermin.
CA2 on Notice and Stop-Time Rule
The court held that the notice requirements of the INA were satisfied by a combination of two notices, and that once sufficient notice is provided, the stop-time rule is triggered notwithstanding any defects in subsequent notices. (Guamanrrigra v. Holder, 2/24/12)
CA2 on False Claims of Citizenship on Form I-9
The court found the petitioner, who argued he had intended to claim nationality, not citizenship, when he checked a box marked “citizen or national” on a Form I-9, failed to meet his burden of proving he did not falsely claim citizenship. (Crocock v. Holder, 2/23/12)
Report on UAC and Representation, Produced for the LOPC by the Vera Institute of Justice
The Vera Institute of Justice provides data on unaccompanied children, including initial hearing locations, hearing locations by admission year, length of time between initial MCH to IJ decision, case outcomes including representation status, and more.
Supreme Court Finds Federal Tax Offenses Qualify as Aggravated Felonies
The Court found that convictions for tax violations under 26 U.S.C. §§7206(1) & (2) qualify as aggravated felonies, holding that the convictions involved fraud and deceit, and that tax crimes are not excluded from INA § 101(a)(43)(M)(i). (Kawashima v. Holder, 2/21/12)
EOIR FY2011 Statistical Yearbook
The FY2011 Statistical Year Book from EOIR containing statistics on respondents’ cases by nationality, language, and disposition. In addition to the standard information, this year’s book includes pending caseload numbers broken down by immigration court.
AILA Files Amicus Brief on Social Visibility/Particularity Inquiries in Asylum Cases
AILA amicus brief filed in the Ninth Circuit Court of Appeals on the meaning of "particular social group" for asylum purposes, arguing that the "social visibility" or "particularity" tests should not constitute part of the social group inquiry.
AILA Files Amicus Brief on Fugitive Disentitlement Doctrine
An AILA amicus brief urging the U.S. Supreme Court to review the Fifth Circuit’s decision in Bright v. Holder, which addresses whether courts can apply the fugitive disentitlement doctrine to a noncitizen who fails to respond to an ICE order to report for removal.
AILA Chapters File Amicus Brief in Padilla Retroactivity Case
An amicus brief, filed by the AILA South Florida and Central Florida Chapters in the Supreme Court of Florida, arguing that the holding in the Supreme Court case Padilla v. Kentucky applies to all pending and future state postconviction proceedings.
EOIR Notice of Meeting on Recognition and Accreditation
EOIR notice announcing it is considering changes to the regulations governing the recognition of organizations and accreditation of representatives, and will host public meetings on the issue. Registration information for meetings included. (77 FR 9590, 2/17/12)
BIA Remands Humanitarian Asylum Case to IJ
In a case on remand from the Eighth Circuit, the Board found that further fact-finding may be necessary to determine whether the Albanian respondent should be granted humanitarian asylum based on past persecution. Matter of L-S-, 25 I&N Dec. 705 (BIA 2012)
CA9 Finds California Conviction for Making Threats “With Intent to Terrorize” to be CIMT
The court held that a conviction for making threats “with intent to terrorize” in violation of California Penal Code § 422 is a crime involving moral turpitude. (Latter-Singh v. Holder, 2/17/12)
BIA Remands Asylum Case Based on Pro-Democracy Activities in US
In an unpublished decision, the Board remanded to the IJ to determine whether there is a reasonable possibility that the Burmese authorities are aware, or may become aware, of the respondents’ protests with pro-democracy groups in the US. Courtesy of David Cleveland.
BIA On Evidence Outside the Record in Aggravated Felony Case
The BIA held the petitioner could present evidence outside the record of conviction to show that a conviction was not an aggravated felony because it involved a small amount of drugs for no remuneration. Matter of Castro Rodriguez, 25 I&N Dec. 698 (BIA 2012)