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
TRAC Report on Decrease in Criminal Charges in Deportation Proceedings
TRAC report outlining that ICE is identifying fewer individuals as deportable owing to alleged criminal activity. During the most recent quarter from January-March 2012, ICE deported 5,450 individuals on criminal grounds.
BIA Finds Respondent Eligible for Derivative Asylum
The BIA held that the respondent, who is unmarried and turned 21 while her mother’s asylum application was pending, continues to be classified as a “child” for purposes of qualifying for derivative asylum. Matter of A-Y-M-, 25 I&N Dec. 791 (BIA 2012)
CA10 on Jurisdiction to Review Citizenship Claim
The court held that it had jurisdiction to review whether the petitioner – who was brought to the U.S. as a baby by her adoptive USC mother - was a citizen, and determined that she was too old to qualify under the CCA for citizenship. (Shepherd v. Holder, 5/8/12)
CA8 Declines to Reopen Cancellation Case
The court found that the BIA did not abuse its discretion when it refused to reopen the petitioner’s removal proceedings based on new evidence regarding his son’s developmental delay. (Camarillo-Jose v. Holder, 5/7/12)
Internal ICE E-mails Reveal Plans to Boost Deportations
ICE e-mails from 2012, obtained by the ACLU of NC, reveal tactics for increasing deportations, such as trolling state driver's license records for foreign-born applicants and dispatching ICE agents to traffic checkpoints, which could target individuals with minor offenses.
AILA Urges Supreme Court to Revise Nken v. Holder Opinion
Letter from AILA to the Supreme Court, requesting that the Court remove the portions of its opinion in Nken v. Holder that rely on inaccurate representations from DHS on its policies for facilitating the return of removed noncitizens who prevail on judicial review.
AILA Comments on ACUS Immigration Removal Adjudications Report
AILA comments on the Administrative Conference of the United States’ draft report and recommendations on potential improvements to immigration removal adjudication in EOIR.
CA9 Applies Collateral Estoppel in Nigerian CAT Claim
The court held that collateral estoppel bound the BIA to the findings that led to the petitioner’s first grant of CAT deferral, and concluded that the BIA erred in denying a motion to reopen to introduce new evidence. (Oyeniran v. Holder, 3/6/12; amended 5/3/12)
CA8 on 212(h) Waiver Eligibility
The court upheld the BIA’s conclusion that the petitioner was ineligible for a 212(h) waiver because his conviction for possession of drug paraphernalia in a vehicle is not “a single offense of simple possession of … marijuana.” (Popescu-Mateffy v. Holder, 5/2/12)
CA1 Finds NTA Was Not Withdrawn, Triggered Stop-Time Rule
The court found that the petitioner was not eligible for cancellation of removal because the NTA - issued 5 days before he would have accrued the required physical presence – was amended but not withdrawn, and triggered the stop-time rule. (Cheung v. Holder, 5/2/12)
CA6 Upholds Denial of Hardship Waiver Under INA §216(c)(4)(B)
The court found that there was substantial evidence supporting the Board’s decision to deny a hardship waiver under INA §216(c)(4)(B). (Johns v. Holder, 5/2/12)
BIA Finds Respondent with Aggravated Felony Conviction Eligible for 212(h) Relief
The BIA held that the respondent - who entered without inspection and later adjusted to LPR status – was eligible for 212(h) relief despite an aggravated felony conviction due to controlling Fifth Circuit precedent. Matter of Rodriguez, 25 I&N Dec. 784 (BIA 2012)
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.
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)
VOICE: May/June 2012
This latest edition is packed with great practice tips, such as why collaborating with a psychologist could benefit your client, how the “government error” queue might boost your PERM case, and more invaluable expert advice.
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.
DOJ OIL April 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) April 2012 Litigation Bulletin where Eleventh Circuit held that asylum confidentiality provision was not violated by disclosure of name to hospital administrator and other issues related to adjustment of status and asylum decisions.
Immigration Law Advisor, April 2012 (Vol. 6, No. 4)
Immigration Law Advisor, a legal publication from EOIR, with an article on circuit court modifications to the modified categorical approach, as well as circuit court decisions for March 2012, recent BIA precedent decisions, and a regulatory update.
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.
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.
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.
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.
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)