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
AILA Fact Sheet on Prosecutorial Discretion
2012 National Day of Action fact sheet on prosecutorial discretion.
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.
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)
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.
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.
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.
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)
CA1 Seeks Clarification on Credibility and Corroboration Issues
The court found that the BIA failed to address two central issues in the Ethiopian asylum case and remanded to the BIA to clarify questions relating to credibility and corroborating evidence. (Guta-Tolossa v. Holder, 3/16/12)
CA8 on Corroboration and Transcript Deficiencies
The court found that the IJ did not err in requiring further corroborative evidence to support the asylum application, but remanded to determine whether transcript deficiencies masked testimony that corroborative testimony was unavailable. (Omondi v. Holder, 3/15/12)
CA7 on Jurisdiction to Review a Cancellation of Removal Decision
The court discussed when it has jurisdiction to review a ruling in a cancellation of removal case, ultimately finding it could not reverse the BIA’s weighing of hardships against considerations favoring removal of this petitioner. (Munoz-Pacheco v. Holder, 3/14/12)
CA1 Finds Petitioner Ineligible for NACARA Relief
The court found that the Guatemalan petitioner was statutorily ineligible for special rule cancellation under NACARA because he last entered the U.S. as a crewman. (Gonzalez v. Holder, 3/14/12)
USCIS FY2011 Highlights Report
USCIS report highlighting key successes from FY2011 including strengthening our immigrations system’s national security safeguards, combatting fraud, the Unauthorized Practice of Law (UPIL) initiative and many other departmental accomplishments.
ICE Opens First Designed-and-Built Civil Detention Center in Texas
ICE press release on the opening of the Karnes County Civil Detention Center, the first-ever ICE designed-and-built civil detention center which is a 608-bed civil immigration detention facility, designed to house adult male, low-risk, minimum security detainees in Texas.
Practice Alert: ICE Reviews BIA and Federal Court Cases for Grants of Prosecutorial Discretion
Information on ICE’s review of certain cases pending before the Board of Immigration Appeals and federal courts for grants of prosecutorial discretion.
CA1 Finds No Jurisdiction to Review Cancellation Denial
The court held that it did not have jurisdiction to review the denial of the Bangladeshi petitioner’s cancellation of removal application, and found that the decision to deny asylum and withholding was supported by substantial evidence. (Hasan v. Holder, 3/12/12)
CA9 on Derivative Citizenship and Legitimation in Arizona
The court found that petitioner’s paternity was established by legitimation under Arizona law, which provides that every child is the legitimate child of its natural parents, holding that legitimation does not require an affirmative act. (Anderson v. Holder, 3/12/12)
Musings on the Visa Waiver Program, No-Right Waivers and the Age of Youth
AILA Amicus Committee alert on Vera v. Attorney General, where a 12-year old entered through the Visa Waiver Program and was ordered removed after overstaying even though she was a minor when she signed the waiver.