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
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).
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.
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In an unpublished decision, the BIA held that the marriage between a postoperative transsexual, who was unable to change the gender on her Thai birth certificate, and a person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.
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.
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)
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).
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)
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)
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 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)
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)
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)
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)
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)
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.