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
CA7 Finds Actual Reliance on §212(c), Remands for Hearing
The court refused to apply the repeal of INA §212(c) retroactively to Petitioner, where he demonstrated actual reliance on the availability of a §212(c) waiver by affirmatively abandoning his right to pursue a JRAD. (Khodja v. Holder, 12/12/11)
CA1 Remands on Equitable Tolling and Ten-Year Bar
The court found that the IJ inadequately explained her rationale for rejecting tolling and imposing the ten-year bar for overstaying voluntary departure and that her failure to engage with the petitioner’s arguments was arbitrary and an abuse of discretion. (Romer v. Holder, 12/12/11)
CA5 on Requiring Corroborating Evidence from Asylum Applicants
The court held that the BIA reasonably interpreted its own regulations in Matter of S-M-J- when ruling asylum applicants can be required to provide reasonably obtainable corroborating evidence even when their testimony is credible. (Yang v. Holder, 12/12/11)
Supreme Court Rejects §212(c) Comparable Grounds Rule
In a unanimous opinion, the Court held that the BIA’s comparable grounds rule, as applied to applications for §212(c) relief in deportation proceedings, is arbitrary and capricious under the Administrative Procedure Act. (Judulang v. Holder, 12/12/11)
It’s All About Enforcement
Enforcement. It is the current catch-word of the presidential race. I hear it every day. Governor Perry said it in last night's debate. “I believe in enforcement. We must enforce the laws as they are on the books.“ I agree with him. Bet you never thought you'd hear me say that. But yes, I agre
CA11 Vacates Denial of FGM Asylum Claim from Senegal
The court found that the BIA failed to give reasoned consideration to Petitioner’s claim when it found she could relocate within Senegal to avoid being beaten or killed for attempting to protect her U.S. citizen daughter from FGM. (Seck v. U.S. Att’y Gen, 12/8/11)
CA9 Allows IJ to Consider Pleading-Stage Admission in Establishing Removability
Following Perez-Mejia, the court held that the IJ was entitled to rely on Petitioner’s pleading-stage admission that his drug offense involved methamphetamine and that therefore, he was convicted of a removable offense. (Pagayon v. Holder, 12/8/11)
OCC Baltimore Notice on Prosecutorial Discretion Review
OCC Baltimore issued a notice regarding the prosecutorial discretion review and administrative closure decision making process. OCC does not plan to move for administrative closure over a party's objection and offers instruction for declining administrative closure
CA9 Reaffirms California First-Degree Burglary as an Aggravated Felony
The court held that Petitioner’s conviction of first-degree burglary is an aggravated felony as established by the state court’s abstract of judgment. The court also rejected Petitioner’s ineffective assistance of counsel claim. (Kwong v. Holder, 12/7/11)
CA5 on Habeas Statute Custody Requirement
The court found that the petitioner, who had been deported to Mexico pursuant to a final order of removal, was not considered “in custody” for the purposes of 28 U.S.C. § 2241. (Merlan v. Holder, 12/6/11)
BIA Says Adjustment under Cuban Refugee Adjustment Act Is an Admission
The BIA held that the respondent was admitted to the U.S. when he adjusted status under the Cuban Adjustment Act, and was thus subject to removal under INA § 237(a) following a drug trafficking conviction. Matter of Espinosa Guillot, 25 I&N Dec. 653 (BIA 2011)
CA4 Upholds Adverse Credibility in Cameroonian Asylum Claim
Over dissent, the court upheld the adverse credibility finding based on the inconsistency arising from Petitioner’s eviction notice suggesting she was not in hiding as she claimed and the omission in her application of her role in the SCNC. (Djadjou v. Holder, 12/5/11)
CA1 Upholds Denial of I-751 Hardship Waiver
The court upheld the IJ’s adverse credibility determination and conclusion that Petitioner’s marriage was not entered into in good faith where petitioner and his ex-wife gave vastly divergent descriptions of their wedding day. (McKenzie-Francisco v. Holder, 12/5/11)
CA3 Says BIA Erred in Making Unqualified Conclusions on CAT “Acquiescence”
The court found that the BIA incorrectly concluded that a number of specific circumstances cannot constitute government acquiescence and that it improperly ignored evidence of the likelihood of torture. (Pieschacon-Villegas v. Att’y Gen. of the U.S., 12/5/11)
EOIR Announces Additional Features to 1-800 Number
EOIR announcement that the case information system (1-800 number) will reinstate the “pound” key (#) and “star” key (*) functions beginning 12/12/11.
TRAC Report Finds ICE is Targeting Fewer Criminals in Deportation Proceedings
The Transactional Records Access Clearinghouse (TRAC) found that of ICE deportation proceedings initiated during July through September 2011, only 13.8% of the individuals were charged with having engaged in criminal activities.
CA4 on Jurisdiction over BIA Remand for Voluntary Departure
The court found jurisdiction to review the BIA’s order remanding for a grant of voluntary departure, but prudentially declined to exercise jurisdiction in light of Dada and 8 CFR §1240.26(b)(1)(i)(D). (Li v. Holder, 12/2/11)
CA4 Grants Petition for Review in Eritrean Asylum Case
In an unpublished decision, the court vacated the BIA order, noting the IJ committed multiple legal and factual errors constituting an abuse of discretion, including engaging in speculation and failing to consider corroborating evidence. Courtesy of David Goren.
BIA Grants Cancellation of Removal to Mother of Four
In an unpublished decision, the BIA held that exceptional and extremely unusual hardship would occur for the respondent’s four young children if she was removed, noting the respondent would lose her job and support network and had no savings. Courtesy of Campbell Cooke.
BIA Finds NTA Without Hearing Date Triggers “Stop-Time” Rule
The BIA held that any period of continuous residence or continuous physical presence ends upon service of an NTA on the alien, even if the NTA does not include the date and time of the initial hearing. Matter of Camarillo, 25 I&N 644 (BIA 2011)
Denver EOIR Notice on Prosecutorial Discretion Pilot Project
Notice from Alec Revelle, Court Administrator, Denver EOIR, to respondents whose hearings are to be rescheduled in order to effectuate the prosecutorial discretion pilot project.
DOJ OIL November 2011 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) November 2011 Litigation Bulletin addresses the Third Circuit’s rejection of “social visibility” and “particularity” requirements for asylum applicants, summaries of recent federal court decisions, issue updates, and more.
CA9 Finds No Abandonment of AOS Where Petitioner Departed without Advance Parole
Over dissent, the court found that where Petitioner unintentionally drove into Mexico without advance parole, he did not abandon his NACARA adjustment of status because 8 CFR §245.13(k)(1) applies only to “desired” departures. (Lezama-Garcia v. Holder, 11/30/11)
ICE Secure Communities Statistics Through November 30, 2011
ICE Secure Communities Monthly IDENT/IAFIS Interoperability statistics through 11/30/11 released on the ICE FOIA electronic reading room.
House Judiciary’s Immigration Subcommittee Hearings on Secure Communities
Testimony from the 11/30/11 House Judiciary’s Subcommittee on Immigration Policy and Enforcement Hearing, "Is Secure Communities Keeping Our Communities Secure?"