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
Report on UAC and Representation, Produced for the LOPC by the Vera Institute of Justice
The Vera Institute of Justice provides data on unaccompanied children, including initial hearing locations, hearing locations by admission year, length of time between initial MCH to IJ decision, case outcomes including representation status, and more.
AILA Files Amicus Brief on Social Visibility/Particularity Inquiries in Asylum Cases
AILA amicus brief filed in the Ninth Circuit Court of Appeals on the meaning of "particular social group" for asylum purposes, arguing that the "social visibility" or "particularity" tests should not constitute part of the social group inquiry.
AILA Files Amicus Brief on Fugitive Disentitlement Doctrine
An AILA amicus brief urging the U.S. Supreme Court to review the Fifth Circuit’s decision in Bright v. Holder, which addresses whether courts can apply the fugitive disentitlement doctrine to a noncitizen who fails to respond to an ICE order to report for removal.
EOIR FY2011 Statistical Yearbook
The FY2011 Statistical Year Book from EOIR containing statistics on respondents’ cases by nationality, language, and disposition. In addition to the standard information, this year’s book includes pending caseload numbers broken down by immigration court.
Supreme Court Finds Federal Tax Offenses Qualify as Aggravated Felonies
The Court found that convictions for tax violations under 26 U.S.C. §§7206(1) & (2) qualify as aggravated felonies, holding that the convictions involved fraud and deceit, and that tax crimes are not excluded from INA § 101(a)(43)(M)(i). (Kawashima v. Holder, 2/21/12)
AILA Chapters File Amicus Brief in Padilla Retroactivity Case
An amicus brief, filed by the AILA South Florida and Central Florida Chapters in the Supreme Court of Florida, arguing that the holding in the Supreme Court case Padilla v. Kentucky applies to all pending and future state postconviction proceedings.
EOIR Notice of Meeting on Recognition and Accreditation
EOIR notice announcing it is considering changes to the regulations governing the recognition of organizations and accreditation of representatives, and will host public meetings on the issue. Registration information for meetings included. (77 FR 9590, 2/17/12)
CA9 Finds California Conviction for Making Threats “With Intent to Terrorize” to be CIMT
The court held that a conviction for making threats “with intent to terrorize” in violation of California Penal Code § 422 is a crime involving moral turpitude. (Latter-Singh v. Holder, 2/17/12)
BIA Remands Humanitarian Asylum Case to IJ
In a case on remand from the Eighth Circuit, the Board found that further fact-finding may be necessary to determine whether the Albanian respondent should be granted humanitarian asylum based on past persecution. Matter of L-S-, 25 I&N Dec. 705 (BIA 2012)
BIA Remands Asylum Case Based on Pro-Democracy Activities in US
In an unpublished decision, the Board remanded to the IJ to determine whether there is a reasonable possibility that the Burmese authorities are aware, or may become aware, of the respondents’ protests with pro-democracy groups in the US. Courtesy of David Cleveland.
CA3 on False Claims to Citizenship
The court found that the petitioner did not make a false claim to U.S. citizenship for purposes of INA §212(a)(6)(C)(ii) when he allegedly told the city police that his place of birth was Puerto Rico. (Castro v. Att’y Gen., 2/14/12)
BIA On Evidence Outside the Record in Aggravated Felony Case
The BIA held the petitioner could present evidence outside the record of conviction to show that a conviction was not an aggravated felony because it involved a small amount of drugs for no remuneration. Matter of Castro Rodriguez, 25 I&N Dec. 698 (BIA 2012)
CA9 Remands 212(c) Case Due to Judulang v. Holder
The court found that the petitioner’s conviction was not a juvenile adjudication because he was charged as an adult, but remanded the case to the BIA to determine whether he was eligible for a 212(c) waiver in light of Judulang. (Rangel-Zuazo v. Holder, 2/13/12)
Yale Law School Files Class Action Challenging Detainers
Class action lawsuit filed by Yale Law School’s Worker and Immigrant Rights Advocacy Clinic, challenging the use of immigration detainers in Connecticut. (Brizuela v. Feliciano, 2/13/12)
Sign-On Letter to Secretary Napolitano Expressing Concerns on Prosecutorial Discretion
On 2/9/12, AILA joined immigrants’ rights organizations in requesting that DHS Secretary Napolitano make changes to implement an effective and fair prosecutorial discretion policy.
CA9 on Continuous Physical Presence Requirement
The court found that the petitioner was not eligible for cancellation of removal because he had been subject to a “formal, documented process” sufficient to break continuous physical presence. (Gomez Zarate v. Holder, 2/9/12)
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 Finds Petitioner Suffered Past Persecution as an Infant
The court found that the petitioner suffered past persecution as an infant in Guatemala where his indigenous family suffered severe persecution, and where the petitioner suffered deprivations directly attributable to the persecution. (Mendoza-Pablo v. Holder, 2/7/12)
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)
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.