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
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).
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)
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
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)
BIA Finds Possession of Child Pornography is Particularly Serious Crime
The BIA held that the respondent’s conviction for possession of child pornography was a particularly serious crime based on the nature and specific facts of the offense, making him ineligible for withholding of removal. Matter of R-A-M-, 25 I&N Dec. 657 (BIA 2012)
District Court Grants Class Certification in Shackling Case
The court granted plaintiffs’ class certification motion and denied defendants’ motion to dismiss in a case challenging a policy that requires all civil immigration detainees to be shackled during appearances in immigration court. (Abadia-Peixoto v. DHS, 12/23/11)
AILA Consumer Advisory: What You Need to Know About Recent DHS Announcements (Updated 12/30/11 7pm)
AILA advisory explains the recent announcements regarding the DHS immigration case review process, prosecutorial discretion, and administrative closure. This is not amnesty, and does not create legal status. A Spanish version follows.
ICE Issues New Detainer Form
ICE press release issuing a new detainer form and announcing the launch of a hotline for detained individuals who believe they are U.S. citizens or victims of a crime, along with a copy of the new detainer form. AILA Doc. No. 11122965.
CA11 Upholds Denial of Chinese Asylum Claim
The court found that the BIA set forth specific, cogent reasons for making an adverse credibility finding against the petitioner, who had applied for asylum based on his wife’s forced sterilization. (Chen v. U.S. Att’y Gen., 12/27/11)
ICE Releases List of Detainee Deaths from October 2003 to October 2011
A list of detainee deaths from October 2003 through October 2011 posted in the ICE FOIA Reading Room. According to the list, 126 people died in ICE custody during that period.