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.
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Updates from EOIR
Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
AILA's New Members Division Newsletter, March 2012 (Vol. 4, Issue 3)
In this issue, learn how prosecutorial discretion and the DREAM Act worked in one client’s favor, tips on processing E-2 visas and filing waivers for beginners, how AILA resources can bolster your research, and much more!
AILA/EOIR Liaison Meeting Q&As (3/29/12)
Official questions and answers from an AILA EOIR Liaison Committee meeting with the EOIR on 3/29/12. Topics include rulemaking updates, prosecutorial discretion, the practice manual, laptops in the courtroom, subpoenas, telephonic testimony, limited appearances, and more.
AILA CBP Liaison Report (3/29/12)
AILA CBP liaison report from a meeting with CBP on 3/29/12. Topics include FOIA, I-94 elimination, L-1s, Blanket Ls, automatic visa revalidation, ESTA, TNs, WHTI, ULP, NTAs, H-1B portability, B-2s, and more. Supplemental notes from subsequent teleconferences also included.
USCIS Q&As from AILA Meeting (3/29/12)
USCIS Q&As from its 3/29/12 meeting with AILA Liaison. Topics include preponderance of evidence standard, entrepreneurs and small businesses, EAD and the asylum clock, AAO, customer service, lockbox issues, and more.
Supreme Court Holds INA §101(a)(13)(c)(v) Does Not Apply Retroactively
The Court held that the impact of petitioner’s brief travel abroad on his legal permanent resident status is determined not by IIRIRA, but by the legal regime in force at the time of his conviction. (Vartelas v. Holder, 3/28/12)
House Judiciary’s Immigration Subcommittee Hearing on ICE’s National Detention Standards
Testimony from the 3/28/12 House Judiciary Subcommittee on Immigration Policy and Enforcement Hearing on ICE’s performance-based national detention standards.
AILA Testimony on ICE’s New Detention Standards Submitted to House Immigration Subcommittee
AILA testimony submitted to the House Judiciary Subcommittee on Immigration Policy and Enforcement for the 3/28/12 hearing on DHS’s new immigration detention standards.
CIS Ombudsman’s Office Recap of ICE Public Advocate Teleconference
CIS Ombudsman’s Office recap from 3/28/12 teleconference with ICE public advocate Andrew Lorenzen-Strait. Topics included pro se applicants, detention issues for families and parental rights, LGBT rights, and prosecutorial discretion issues.
AILA Denounces House Hearing; Immigration Detention is No "Holiday"
AILA is troubled by the premise of the House Subcommittee on Immigration's hearing entitled "Holiday on ICE." The immigration detention system is plagued with problems, yet this hearing implies that immigrant detention is a vacation.
CA2 Rejects Matter of H-L-H- & Z-Y-Z-
The court rejected the BIA’s holding in Matter of H-L-H- & Z-Y-Z- to conclude that the IJ’s finding a future event will occur if an applicant is removed is a finding of fact subject to review for clear error. (Huang v. Holder, 3/27/12)
DHS OIG Report on Communication Regarding Participation in Secure Communities
March 2012 DHS Office of Inspector General (OIG) report addressing how the United States Immigration and Customs Enforcement (ICE) communicated the intent and requirements for participation in Secure Communities to states and local jurisdictions.
AILA Fact Sheet on Detention Funding in the 2012 Congress
2012 National Day of Action fact sheet on detention funding in the 2012 Congress.
AILA Fact Sheet on Prosecutorial Discretion
2012 National Day of Action fact sheet on prosecutorial discretion.
AILA’s Pro Bono Newsletter, Spring 2012
Spring into pro bono action! This edition of AILA’s Pro Bono Newsletter tells you how you can get involved. Read about several pro bono initiatives, including the H.E.L.P. program, a clinic to raise awareness on juvenile removal proceedings, and more!
CA1 Finds NH Reckless Conduct Conviction Is a CIMT
The court found that the petitioner’s reckless conduct convictions were crimes involving moral turpitude, noting that a reckless state of mind can under some circumstances be sufficient to support a finding of moral turpitude. (Idy v. Holder, 3/23/12)
CA7 Upholds Denial of Mexican Petitioner’s Cancellation Application
The court found that the IJ’s behavior did not prevent the petitioner from having a reasonable opportunity to present his case, nor was the petitioner prejudiced by the exclusion of testimony that he argued was inappropriately excluded. (Delgado v. Holder, 3/22/12)
CA9 on 212(c) Relief and Retroactivity
The court found that individuals convicted of a CIMT prior to the enactment of IIRIRA remain eligible for § 212(c) relief, regardless of whether they pleaded guilty or proceeded to trial. (Peng v. Holder, 3/22/12)
AILA/USCIS Field Operations Liaison Q&As (3/21/12) (Updated 5/18/12)
USCIS Field Operations official Q&As from a meeting with AILA on 3/21/12. Topics include K-1 AOS after Matter of Sesay, FDNS site visits, I-551 stamps on I-829s, communication with field offices, I-130 interviews, 11/7/11 NTA memo, organizational charts, and more.
CA3 Orders Bond Hearing in Habeas Case
The court found that the petitioner’s detention was unreasonably long and that he was entitled to an individualized bond hearing within ten days. The petitioner had challenged his continued detention in district court. (Leslie v. Att’y Gen., 3/19/12)
EOIR Alert Regarding Relocation of Newark Immigration Court
EOIR press release announcing that the Newark Immigration Court will close as of 3/22/12 to prepare for relocation. The Newark Immigration Court will reopen at the new location on 3/27/12.
AILA/CBP Liaison Muster Index (Updated 3/19/12)
AILA/CBP liaison offers an index of musters issued by CBP to the field. Topics include inspection procedures, secondary, detention conditions & policy, WHTI, US-VISIT, biometrics, TWIC, C-1/Ds, Ls, consular issues, APIS, LPRs, Global Entry, travel documents, and more.
BIA on Inadmissibility and 245(i) Adjustment of Status
In a case remanded from the Seventh Circuit, the Board found that an individual who is inadmissible under INA § 212(a)(9)(B)(i)(II) due to unlawful presence cannot qualify for 245(i) adjustment of status absent a waiver. Matter of Lemus, 25 I&N Dec. 734 (BIA 2012)
March Sadness
Originally posted on Huffington Post “Where's your Green Card! Where's your Green Card! Where's your Green Card!…“ That was the despicable taunt that met Kansas State point guard Angel Rodriguez during the first-round NCAA tournament game between Kansas State University and the Universit
CA1 Upholds Denial of Gang-Related Asylum Claim
The court upheld the denial of the Salvadoran petitioner’s asylum claim, which was based on the petitioner’s resistance to gang recruitment and his anti-gang political opinion. (Mayorga-Vidal v. Holder, 3/16/12)
CA1 Remands Asylum Case Due to Faulty Credibility Determination
The court remanded the asylum case, noting that the IJ did not present a reasoned analysis of the evidence as a whole, and finding that the IJ relied on at least two perceived “inconsistencies” that were not direct inconsistencies. (Jabri v. Holder, 3/16/12)