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
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)
DOS Cable: Parole of Removed Aliens
A 4/24/12 DOS cable outlining the procedures that apply when a noncitizen who was previously removed from the United States, but successfully prevails on judicial review, requests assistance in returning to the United States.
TRAC Report on Historic Drop in Deportation Orders
TRAC report on decrease in deportation orders for January-March 2012, resulting in immigration courts issuing 2,429 fewer deportation orders than in the previous quarter, even as immigration court backlogs increased.
CA2 Finds NY Second-Degree Assault Is an Aggravated Felony
The court found that NY second-degree assault is an aggravated felony, and that Padilla did not overturn precedent holding that the Ex Post Facto Clause is not applicable in the deportation context. (Morris v. Holder, 4/23/12)
CA9 Finds Misprision of Felony Not CIMT
The court found that misprision of a felony is not categorically a CIMT, and noted that the fact an offense violates “societal duties” is not enough to make it a CIMT; otherwise, every crime would be a CIMT. (Robles-Urrea v. Holder, 4/23/12)
TRAC Publishes Latest Data on Prosecutorial Discretion
TRAC report detailing data on ICE’s prosecutorial discretion initiative from the August 2011 announcement through March 28, 2012, including the total number of cases closed, results from the Baltimore and Denver pilot projects, and figures from other courts around the nation.
ICE Notice to Noncitizens with Final Orders Seeking Judicial Review
ICE notice to noncitizens who have received an administratively final order of removal from an immigration judge, the BIA, or DHS concerning the process for facilitating their return in the event of a favorable judicial ruling.
CA2 Finds CT Witness Tampering Is an Aggravated Felony
The court found that a Connecticut conviction for witness tampering constitutes an aggravated felony as an “offense relating to obstruction of justice,” and held that the petitioner was ineligible for relief. (Higgins v. Holder, 4/19/12)
District Court Orders Bond Hearing for LPR Detained Under INA § 235
The court held that the petitioner, an LPR detained for 26 months under INA § 235 after returning from a trip abroad because the government argued he was convicted of an aggravated felony years earlier, was entitled to a bond hearing. Courtesy of Raymond Lahoud. (Bautista v. Sabol, 5/24/12)
New Mexico District Court on Mandatory Detention Under 236(c)
In an unpublished decision, the District of New Mexico found that the mandatory detention provisions of INA § 236(c) did not apply because the petitioner was not detained immediately upon his release from criminal custody. Courtesy of Olsi Vrapi. (Valdez v. Terry, 4/18/12)
CA11 Finds Petition for Review Untimely Where Court was “Accessible”
The court found that it lacked jurisdiction to consider the petition for review, which was received 31 days after the BIA issued its order, because the Clerk’s office was accessible on the day the petition was due. (Lin v. U.S. Att’y Gen., 4/17/12)
USCIS Memo on Implementation of Reasonable Fear Processing Timelines
USCIS memo dated 4/17/12 on implementing reasonable fear processing timelines and reporting mechanisms. The memo revises the 2003 “Draft Reasonable Fear Procedures Manual,” and updates the 2005 “User's Guide to Entering Information in the Asylum Pre-Screening System.”
ICE Detainee Dies at Colorado Hospital
ICE press release on the death of a 46-year-old man from Gabon, who died in ICE custody at the Aurora Medical Center in Aurora, Colorado, after complaining of chest pains. He is the seventh detainee to die in ICE custody in FY2012.
CA3 Holds That INA § 101(a)(43)(M)(i) Requires Actual Loss
The court found that the petitioner’s conviction for knowingly making a false statement in a bankruptcy proceeding was not an aggravated felony under INA §101(a)(43)(M)(i), because his offense did not cause an actual loss. (Singh v. Att’y Gen., 4/16/12)
BIA on Refugees in Removal Proceedings
The BIA held that a refugee who has not adjusted status can be placed in removal proceedings without a prior inadmissibility determination by DHS, but that the charges of removability must be under INA § 237, not § 212. Matter of D-K-, 25 I&N Dec. 761 (BIA 2012)
BIA Finds IJ Should Have Granted Continuance
In an unpublished decision, the BIA held that the immigration judge should have granted the respondent’s request for a continuance in order to pursue a waiver petition under INA § 216(c)(4), and remanded the case for further proceedings. Courtesy of Fausto Falzone.
CA1 Upholds Denial of Cancellation of Removal Based on False Testimony
The court found it had authority to review the decision on the petitioner’s cancellation of removal application, upheld the IJ and BIA’s adverse credibility determination, and found that he was statutorily barred from relief. (Restrepo v. Holder, 4/12/12)
CA1 Issues Final Judgment in 18-Year-Old Asylum Case
The court found authority to issue a final judgment in the asylum case of a former Peruvian military officer, noting that it explicitly retained jurisdiction over the case after remanding to the BIA in 2011. (Castaneda-Castillo v. Holder, 4/12/12)
AILA Files Amicus Brief in En Banc Rehearing of Garfias-Rodriguez
AILA amicus brief in Garfias-Rodriguez v. Holder, arguing that noncitizens who are inadmissible under INA §212(a)(9)(C)(i)(I) may seek adjustment of status under INA §245(i). AILA previously filed an amicus brief in support of the rehearing en banc.
DOJ Open Government Plan 2012’ Report
DOJ report on setting forth ongoing and anticipated efforts to increase openness including sections on FOIA, EOIR and outreach to minority and immigrant workers communities around the country.
New Jersey District Court on Mandatory Detention Under 236(c)
In an unpublished decision, the District of New Jersey granted the habeas petition and found that mandatory detention under INA § 236(c) does not apply where the noncitizen was taken into custody over 12 years after the statutory offense. Courtesy of Michael Z. Goldman. (X v. Elwood, 4/9/12)
BIA Finds Murder with No Intent to Kill is Aggravated Felony
The BIA held that a conviction for murder requiring a showing that the perpetrator acted with extreme recklessness or a malignant heart is an aggravated felony, notwithstanding that no intent to kill was established. Matter of M-W-, 25 I&N Dec. 748 (BIA 2012)
DHS OIG Report on the Effectiveness of Secure Communities
DHS OIG report assessing whether Secure Communities was effective in identifying noncitizens with criminal convictions, and whether ICE appropriately prioritized cases for removal action.
Passover In The First Person
A version of this blog was originally posted on April 19, 2011 and on the Huffington Post This week Jews all over the world celebrate Passover. Extended families, friends and strangers gather together and relive the story of the Exodus from the bondage of the Pharaohs of Egypt. It is a holiday of fr
ICE Responds to Secure Communities Task Force Recommendations
ICE’s 4/27/12 response to a September 2011 Homeland Security Advisory Council’s Task Force on Secure Communities report, which recommended ways for ICE to improve the Secure Communities program.