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 Finds Witnesses to Serious Crime Not a “Socially Visible” Group
The court found that the petitioner’s social group of "witnesses to a serious crime whom the government is unable or unwilling to protect" is not sufficiently visible to establish a particular social group. (de Carvalho-Frois v. Holder, 1/26/12)
BIA on Authentication of Convictions in Immigration Proceedings
The BIA held that an electronic disposition notice, submitted to prove that the respondent had been convicted of a CIMT, was not admissible because it was not authenticated using a recognized method of authentication. Matter of Velasquez, 25 I&N Dec. 680 (BIA 2012)
CA1 Rejects Gang-Related Withholding Claim
The court found that the petitioner, who argued he was targeted for gang recruitment and would be perceived as a wealthy returnee to El Salvador, did not establish membership in a particular social group. (Garcia-Callejas v. Holder, 1/24/12)
CA6 Upholds Asylum Denial Due to Adverse Credibility Determination
The court found there was substantial evidence the petitioner lacked credibility in one key part of his asylum testimony, though it noted the BIA’s decision erred in other findings regarding credibility. (Abdurakhmanov v. Holder, 1/23/12, amended 3/1/12).
BIA Finds California Stalking is Aggravated Felony
The BIA held that a stalking offense for harassing conduct under California law is an aggravated felony, noting it was not bound by a conflicting Ninth Circuit decision because this case arose in the Fourth Circuit. Matter of Singh, 25 I&N Dec. 670 (BIA 2012)
CA9 Remands Appeal from Illegal Re-entry Conviction
The court found that the defendant, who challenged his conviction based on a collateral attack of the removal order, was not meaningfully informed of his eligibility for relief, and remanded the case for consideration of prejudice. (U.S. v. Melendez-Castro, 1/18/12)
DOJ OIL Litigation Bulletin, December 2011
DOJ Office of Immigration Litigation (OIL) December 2011 Litigation Bulletin discussing Third Circuit’s decision that an alien has no right to be detained to a location where he can better obtain representation, summaries of other federal court decisions, updates, and more.
1st Things First (January 2012)
January 2012 edition of 1st Things First. Courtesy of the AILA New England Chapter.
CA9 on USCIS Jurisdiction over Petitions to Remove Conditions on Residence
The Court found that USCIS does not lose jurisdiction of a petition to remove conditions placed on residence if it does not adjudicate the petition within 90 days, as required by INA § 216(c)(3)(A). (Chettiar v. Holder, 1/17/12)
Trust Matters
Written by: Tony Weigel, AILA Media-Advocacy Committee I have participated in several meetings with Congressional staffers about immigration policy since 2006. I have had the same thoughts and questions about these interactions every time. I hoped to make some minimal impact, naïve as that may see
CRS Report on Immigration Issues in the 112th Congress
Congressional Research Service (CRS) report on immigration issues in the 112th Congress, including border control and visa security, legal immigration, documentation and verification, interior enforcement, citizenship, and refugees and other humanitarian populations.
CRS Report on Legislative issues Concerning Immigration-Related Detentions
A Congressional Research Service (CRS) report on congressional legislation on a range of provisions and perspectives concerning the detention of noncitizens.
CA3 Finds Failure to Register Is Not a CIMT
The court found the petitioner did not commit a CIMT by violating a predatory offender registration statute, and that his “date of admission” was his initial admission as a nonimmigrant, not the later date he adjusted status. (Totimeh v. Att’y Gen., 1/12/12)
CA5 Reverses BIA on Aggravated Felony Case
The court found that the record did not show whether the petitioner’s conviction for felonious sexual intercourse without consent under Montana state law was an aggravated felony under INA § 237(a)(2)(A)(iii). (Perez-Gonzalez v. Holder, 1/12/12)
CA7 Remands LIFE Act Legalization Case to AAO
The court found that pre-IIRIRA law on the definition of “conviction” should apply to the petitioner’s application for legalization under the LIFE Act, and that the AAO’s decision on continuous residence lacked individualized analysis. (Siddiqui v. Holder, 1/12/12)
EOIR Announces Relocation of Houston Immigration Court
An EOIR notice announcing it has closed its Houston Immigration Court to prepare for relocation, and listing its new location and contact information. The court will recommence hearings at the new location on 1/23/12.
CA3 Finds District Court Has Jurisdiction to Review Sua Sponte Reopening of Proceedings
The court found that the district court had jurisdiction to review the petitioner’s petition, which challenged the BIA’s sua sponte reopening of removal proceedings, noting the unusual circumstances in the case. (Chehazeh v. Att’y Gen., 1/11/12)
CA5 Remands Ineffective Assistance of Counsel Claim to Board
The court found that the Board abused its discretion when, in assessing the petitioner’s ineffective assistance of counsel claim, it imposed a due diligence requirement that is not a part of the Lozada three-part test. (Rodriguez-Manzano v. Holder, 1/9/12).
BIA Finds Couple Obtained Firm Resettlement in Belize
The BIA held that the respondents were firmly resettled prior to coming to the U.S. and thus ineligible for asylum, noting that a fraudulently-obtained permit was still evidence of an offer of firm resettlement. Matter of D-X & Y-Z-, 25 I&N Dec. 664 (BIA 2012)
New Immigration Rule Will Keep American Families Safe and Together
Today the Administration will announce a proposed rule change that will save countless American families from the trauma of separation and, at the same time, make America safer. The proposed rule change is outlined in this morning's New York Times. Under the twisted immigration law the husband or wi
CA10 Finds No Past Persecution in Chinese Asylum Case
The court found that the economic penalties imposed on the petitioner as result of his resistance to Chinese population control policies did not rise to the level of past persecution, and affirmed the denial of asylum and CAT relief. (Pang v. Holder, 1/6/12)
CRCL Newsletter, January 2012
DHS Office for Civil Rights and Civil Liberties (CRCL) January 2012 newsletter with farewell message from CRCL Officer Margo Schlanger, new hotline number/detainer form for immigrant detainees, outreach to Somali-American community in Minnesota, and more.
ICE Releases New Detainee Transfer Policy
ICE directive, effective 1/4/12, establishing new requirements for the transfer of immigration detainees. ICE states that the new policy will substantially reduce the transfer of detainees who have family members, attorneys, or pending immigration proceedings in the area.
USCIS Responds to Ombudsman Asylum EAD Clock Recommendations
A 1/4/12 memorandum from Lori Scialabba, USCIS Deputy Director, responding to the CIS Ombudsman’s recommendations on how to improve the asylum clock. Topics include clearly defining the agency roles, improving communication, providing notice to applicants, and more.
CA3 on Ineffective Assistance of Counsel in Filing Visa Petition
The court found that the Fifth Amendment right to due process does not guarantee effective assistance of counsel in preparing or appealing a labor certification application and visa petition before the start of removal proceedings. (Contreras v. Att’y Gen., 1/4/12)