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
District Court Orders Disclosure of DOJ Emails
The court ordered the government to disclose Department of Justice emails communicating the policy for returning immigrants who are wrongfully deported while their judicial appeals are pending. (NIP-NLG v. DHS, 2/7/12)
ICE Announces Creation of Public Advocate Position
ICE press release announcing Andrew Lorenzen-Strait as first-ever Public Advocate for ICE where he will help individuals in addressing complaints, inform stakeholders on ERO policies, facilitate communication, and advise ICE leadership on stakeholder findings.
CA9 on Prosecutorial Discretion in Rehearing Cases
The court issued five published decisions on 2/6/12, each one ordering the government to advise the court whether it intended to exercise prosecutorial discretion in the case. (San Agustin v. Holder, 2/6/12, and others)
CA7 on Particular Social Group in Albanian Asylum Case
The court found that the social group of “young Albanian women in danger of being trafficked for prostitution” lacked the common, immutable characteristic required of a particular social group. (Cece v. Holder, 2/6/12)
AILA New Members Division Newsletter, February 2012 (Vol. 4, Issue 2)
In this issue, read about AILA resources that can help you win your case, navigating the Adam Walsh minefield, easy tips to improve your practice for the new year, and more!
EOIR Issues Memo on Select Applications for Suspension/Cancellation
A 2/3/12 memo (OPPM 12-01) from Brian M. O’Leary, Chief Immigration Judge, providing guidance on procedures for handling applications for suspension of deportation/cancellation of removal once numbers are no longer available in a fiscal year. This memo replaces OPPM 11-01.
EOIR Issues Memo on DHS Exercise of Prosecutorial Discretion
Obtained via FOIA by Hoppock Law Firm, EOIR released a memo from David L. Neal to Board Legal Staff on how the Board will respond to cases in which prosecutorial discretion is exercised. Special thanks to Matthew Hoppock.
Board Offers New Standard for Admin Closure and Highlights the Importance of Decisional Independence
AILA Amicus Committee alert on Matter of Avetisyan, where the Board agreed that the Immigration Judge had the authority exercise prosecutorial discretion and administratively close proceedings over the DHS counsel’s objection, and supported the IJ’s decision.
Immigration Law Advisor, January 2012 (Vol. 6, No. 1)
Immigration Law Advisor, a legal publication from EOIR, with an article on the Ninth Circuit and bond hearings after final administrative orders of removal, circuit court decisions for December 2011, calendar year 2011 totals, recent BIA precedent decisions, and a regulatory update.
DOJ OIL January 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) January 2012 Litigation Bulletin where Third Circuit ruled that ineffective assistance of counsel claim does not extend to visa petition process and other issues related to key adjustment of status and asylum decisions.
CA4 on Drug Conviction and Naturalization
The court affirmed a district court decision denying the plaintiff’s application for naturalization, holding his 2002 drug conviction, which was subsequently set aside on rehabilitative grounds, remains unchanged for immigration purposes. (Phan v. Holder, 2/1/12).
BIA on Marriage Between Postoperative Transsexual and Member of Opposite Sex
In an unpublished decision, the BIA held that the marriage between a postoperative transsexual, who was unable to change the gender on her Thai birth certificate, and a person of the opposite sex could be the basis for immigration benefits. Courtesy of Elaine Witty.
CA7 on Withholding of Removal and China’s “One-Child” Policy
The court found that the petitioner did not prove that it was more likely than not she would be persecuted because of her opposition to China’s “one child” policy if she returns to China. (Zheng v. Holder, 1/31/12)
CA7 Reverses Harboring Conviction
The court found that no trier of fact could reasonably find that the defendant had “harbored” her boyfriend based on the stipulated facts, noting that harboring was not the same as merely providing a place to stay. (U.S. v. Costello, 1/31/12)
CA1 Denies Salvadoran Asylum Claim
The court found the petitioner did not produce convincing evidence of a causal connection between his political beliefs and the harm he suffered at the hands of FMLN guerillas in El Salvador. (Guerrero v. Holder, 1/31/12)
CA1 Denies Guatemalan Social Group Withholding Claim
The court found the Guatemalan petitioner did not show a connection between her feared harm and her membership in either of two social groups: single women perceived to have substantial economic resources or former children of war. (Arevalo-Giron v. Holder, 1/31/12)
BIA Holds IJs Can Grant Opposed Motion for Administrative Closure
The BIA held that immigration judges and the Board may administratively close removal proceedings, even if a party opposes, if it is otherwise appropriate under the circumstances, overruling Matter of Gutierrez. Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012)
Prosecutorial Discretion Implementation: Synthesis of AILA Chapter Reports
A compilation of reports on DHS’s implementation of prosecutorial discretion nationwide from AILA local liaison meetings, individual conversations with government officials, and AILA chapter observations.
CA4 Rejects Matter of Silva-Trevino
The court rejected the framework established in Matter of Silva-Trevino for determining whether a conviction constituted a CIMT, noting that the moral turpitude statute is neither ambiguous nor silent. (Prudencio v. Holder, 1/30/12).
CA10 Strikes Down Post-Departure Bar Regulation
In an unanimous en banc decision, the court held that a deported noncitizen has the right to file a motion to reopen from outside the U.S., striking down the post-departure bar found in 8 CFR 1003.2(d). (Contreras-Bocanegra v. Holder, 1/30/12)
CA9 on Derivative Citizenship and Equal Protection
The court held the petitioner did not derive citizenship under the controlling statute - 8 U.S.C. § 1432(a) - because only one of his parents naturalized before his eighteenth birthday, and that the statute did not deny equal protection. (U.S. v. Casasola, 1/30/12)
CA9 on 212(c) Retroactivity and Stipulated Facts Trials
The court found that the repeal of INA § 212(c) cannot be retroactively applied to noncitizens who, relying on the possibility of discretionary relief, agreed to a stipulated facts trial prior to the repeal of §212(c) relief. (Tyson v. Holder, 1/27/12)
Immigration 101 in Nursery Rhyme
Written by: Mo Goldman, AILA Media-Advocacy Committee Watching the Florida Republican Primary Debates this week again demonstrated that these final four candidates simply refuse to understand the dynamics of our draconian immigration system. Perhaps they just don't understand the complexity of it a
CA9 on Credibility Findings under the REAL ID Act
The court found that the BIA complied with its remand mandate by considering the REAL ID Act’s impact on the immigration judge’s finding that the petitioner’s claims were not sufficiently corroborated for his request for CAT relief. (Oshodi v. Holder, 1/26/12)
CA4 Finds BIA Applied Wrong Standard of Review
The court found that the BIA had reviewed the immigration judge’s factual findings, used to grant the petitioner’s request to defer removal, under a de novo standard of review instead of under the required clearly erroneous standard. (Turkson v. Holder, 1/26/12)