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
DHS Fact Sheet on Smart, Effective Border Security and Immigration Enforcement
DHS fact sheet on efforts to focus the Department’s limited resources on protecting the nation’s borders and implementing an effective immigration enforcement strategy, which includes prioritizing the identification and removal of public safety and national security threats.
CA3 Says Rescission Bar Does Not Apply to LPR Status Obtained Through Consulate
The court held that the five-year statute of limitations on rescission of LPR status under INA §246(a) does not apply where Petitioner obtained status through consular processing, not adjustment of status. (Malik v. Att’y Gen. of the U.S., 10/4/11; amended 10/7/11)
El Salvadoran Man in ICE Custody Passes Away at UVA Medical Center
ICE press release announcing that an El Salvadoran national who was in custody at the Farmville Detention Center while going through removal proceedings passed away as an apparent result of liver failure. This is the first individual to pass away in ICE custody in FY 2012.
House Homeland Security Committee Hearing on Prosecutorial Discretion
Testimony from the 10/4/11 House Homeland Security’s Subcommittee on Border and Maritime Security on entitled "Does Administrative Amnesty Harm our Efforts to Gain and Maintain Operational Control of the Border?"
DOJ OIL September 2011 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) September 2011 Litigation Bulletin addresses the Supreme Court’s review of whether “admission” applies retroactively, CSPA and derivative beneficiaries, summaries of recent federal court decisions, issue updates, and more.
Immigration Law Advisor, September 2011 (Vol. 5, No. 8)
Immigration Law Advisor, a legal publication from EOIR, with an article on imputation and retroactivity at the Supreme Court, circuit court decisions for August 2011, recent BIA precedent decisions, and a regulatory update.
CA10 Says No IJ Error in Refusing Continuance for FB-4 §245(i) Beneficiary
The court held that although an IJ may continue proceedings pending adjudication of an I-130 with a current priority date, an IJ need not grant an indefinite continuance to await eligibility for adjustment. (Luevano v. Holder, 9/30/11)
CBP Muster on Operation No Refuge
An undated CBP muster informing CBP officers of Operation No Refuge, which involves identifying subjects who may be involved in or are the beneficiaries of illicit narcotics activities, and how to handle related cases. Muster obtained through FOIA 2011F03343 filed by AILA.
CRS Report on Immigration Issues and Legislation in the 112th Congress
A 9/30/11 Congressional Research Service (CRS) report on immigration-related issues that have received legislative action or are of significant interest in the 112th Congress, including border security, E-Verify, detention, diversity visas, and immigrant investors.
CA2 Says NY Third-Degree Promoting Prostitution Is Not an Aggravated Felony
The court held that a violation of NY Penal Law §§20.00 and 230.25, for promoting prostitution in the third degree, is not an aggravated felony under INA §101(a)(43)(K)(i). (Prus v. Holder, 9/28/11)
Third Circuit Reflects on Unlawful Presence, Chevron, and the Importance of Prosecutorial Discretion
AILA Amicus Committee alert on Cheruku v. Attorney General, which held that the ten-year bar precludes adjustment of status under INA §245(i). The alert focuses on the human consequences of the decision and the potential use of prosecutorial discretion in similar cases.
ICE Apprehends More than 2,900 Convicted Criminals in National Cross Check Operation
ICE press release announcing that 2,901 individuals with prior criminal convictions were taken into custody during a seven-day targeted enforcement, or Cross Check, operation which was carried out across all 50 states and four U.S. territories.
Supreme Court Grants Cert in Three Immigration Cases
On 9/27/11 the Supreme Court granted certiorari in three immigration cases. Two cases involve the imputation of residence and LPR status to minors for cancellation purposes. The third case involves the retroactivity of INA §101(a)(13)(C)(v) as applied to returning residents.
Letter from Representatives Urging Consideration of LGBT Family Ties in Discretion Decisions
A 9/27/11 letter from 69 members of Congress to DHS Secretary Napolitano and Attorney General Holder requesting that LBGT family ties be considered in determining cases that merit relief from deportation.
Senators Ask President Obama to Rescind Prosecutorial Discretion Initiatives
A 9/26/11 letter from 19 Senators asking President Obama to rescind the recent directives on prosecutorial discretion, dismantle the working group tasked with reviewing removal cases, and make DHS Secretary Napolitano available for questioning on DHS enforcement policies.
CA9 on Authentication of Foreign Documents
The court found that the IJ erred by refusing to allow Petitioner to authenticate foreign documents through his own testimony, and concluded that he was statutorily eligible for adjustment of status as the unmarried son of a U.S. citizen. (Jiang v. Holder, 9/26/11)
CA9 Finds ELF Is a Terrorist Organization; Grants Deferral under CAT
The court upheld the BIA’s findings that the Eritrean Liberation Front is a Tier III terrorist organization and that Petitioner engaged in terrorist activities, but finding the possibility of torture more likely than not, granted deferral. (Haile v. Holder, 9/26/11)
CA7 Rejects Asylum Claim Based on Fear of Retribution from Co-Defendants
The court rejected Petitioners’ claim that the U.S. must grant them asylum because it placed them in danger by inducing their cooperation in a criminal visa fraud case, noting that the S visa might be more appropriate. (Jonaitiene v. Holder, 9/26/11)
DHS PIA for ICE’s Alien Medical Tracking Systems
DHS Privacy Impact Assessment (PIA) describing the IT systems that are used to track information from medical records for individuals in ICE custody, the data maintained in these medical tracking systems, the purposes for which the data is collected and used, and more.
CA2 Says Petitioner’s Undocumented Husband Was “Available” to Testify
The court held that Petitioner’s undocumented husband was “available” to testify despite his fear of apprehension, noting that he would have been eligible for derivative asylum status and had every incentive to testify on his wife’s behalf. (Chen v. Holder, 9/23/11)
CA9 Remands CAT Claim for Deferral of Removal from Honduras
The court found that the BIA mischaracterized the record with regard to one expert’s consistency with DOS reports, criticized the expert’s testimony for reasons not supported by the record, and failed to acknowledge a second expert witness. (Cole v. Holder, 9/22/11)
CA3 Says Ten-Year Bar to Admissibility Trumps §245(i) Adjustment
The court gave deference to the BIA’s reasonable statutory interpretation that the ten-year bar under INA §212(a)(9)(B)(i)(II) precludes adjustment of status under INA §245(i) and denied the petition for review. (Cheruku v. Att’y Gen. of the U.S., 9/22/11)
Petition for Writ of Habeas Corpus and Request for Release from Detention
Sample petition for writ of habeas corpus and request for release from detention. (December 2010) (Complaint, Amendment, Other Pleading)
Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief
Sample petition for writ of habeas corpus to remedy unlawful detention and request that the court find the automatic stay provision at 8 CFR §1003.19(i)(2) unconstitutional. (April 2010) AILA Doc. No. 11092261.
The Morton Memo: Supplemental Guidance for ICE Agents
There is a joke developing out here in the field: How many ICE agents does it take to apply the June 17, 2011, Morton Memo? Answer: Two—one to read it and another to ignore it. That's how I felt last week when the ICE Detroit Field Office issued a terse denial to a well documented application [̷