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
CA9 Finds Jurisdiction to Review Denial of Relief Despite BIA Remand on Collateral Issue
The court found jurisdiction to review the BIA’s denial of relief where the BIA remands under 8 CFR §1003.1(d)(6) for completion of background checks that are required before alternative relief may be granted. (Li v. Holder, 9/1/11)
CA3 Says INA §236(c) Only Authorizes Detention for a Reasonable Time
The court held that INA §236(c) authorizes detention only for a reasonable period of time at which point the Fifth Amendment Due Process Clause requires the government to show that continued detention is required to further the statute’s purpose. (Diop v. ICE, 9/1/11)
Immigration Law Advisor, August 2011 (Vol. 5, No. 7)
Immigration Law Advisor, a legal publication from EOIR, with an article on subpoenas in Immigration Court, circuit court decisions for July 2011, and recent BIA precedent decisions.
DOJ OIL August 2011 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) August 2011 Litigation Bulletin provides a summary of recent Federal court decisions, an update on pending cases and issues, discussions on Delgado v. Holder and Prestol-Espinal v. Attorney General, and more.
Owner of an Iowa Roofing Company Pleads Guilty to Harboring Undocumented Individuals
ICE press release announcing that Samira Zuniga, the owner Xtreme Construction, pleaded guilty in federal court to harboring and conspiring to harbor undocumented individuals who were arrested while working on a residential roofing job in April of 2011.
CA9 Finds California 2nd Degree Burglary Is Not an Aggravated Felony or CIMT
The court held that 2nd-degree burglary under Cal. Penal Code §459 is not categorically an aggravated felony and that the BIA misread 9th Cir. case law in concluding that it categorically qualifies as a CIMT. (Hernandez-Cruz v. Holder, 7/8/11; amended 8/31/11)
CA11 Upholds Adverse Credibility Determination in Venezuelan Asylum Case
The court upheld the adverse credibility finding where Petitioner claimed to be present at a rally where his mother was killed but presented no evidence that he was politically active, at the rally, or detained and beaten after. (Carrizo v. U.S. Att’y Gen., 8/31/11)
CA8 Applies “Strong Presumption” of Service; Upholds In Absentia Order
In a case governed by the IIRIRA transitional rules, the court found that Petitioners failed to rebut the “strong presumption” of service where notice of proceedings was sent via certified mail and the record contained proof of delivery. (Patel v. Holder, 8/31/11)
Attorney and Client Found Guilty in Immigration Fraud Case
ICE news release announcing that Michael Choi, an attorney who is a naturalized citizen from Korea, and his client were convicted of conspiring to violate federal immigration laws. Choi was also convicted of making false statements to the government and tax evasion.
CA7 Finds IJ’s Interpretation of Precedent Overly-Broad in Vacating Adverse Credibility Assessment
The court found that the IJ erred in basing his negative credibility assessment on Petitioner’s submission of hospital certificates, which the IJ interpreted as suggesting Petitioner’s abortion was voluntary and not forced as she alleged. (Lin v. Holder, 8/30/11)
CA5 on Simple Possession Waivers under INA §212(h)
The court held that an alien who has been convicted of two offenses of simple possession of 30 grams or less of marijuana is ineligible for a waiver under INA §212(h), even if he previously received a §212(h) waiver for one of the offenses. (Rana v. Holder, 8/30/11)
CA10 Says Padilla Does Not Apply Retroactively
The court found that although Padilla creates a new constitutional duty to inform a non-citizen criminal defendant of the immigration consequences of a plea, it does not apply retroactively to cases on collateral review. (U.S. v. Hong, 8/30/11)
ICE FAQs on the Prioritization of Enforcement Efforts
ICE FAQs on the Administration’s August 18, 2011 announcement regarding a new process to ensure that immigration enforcement resources are focused on high priority cases.
ICE Announces Fines and Probation in Worksite Enforcement Investigation
ICE press release announcing that Eurofresh, Inc., a large tomato producer in southern Arizona, was fined $600,000 and put on probation for a period of five years for knowingly hiring and continuing to employ unauthorized workers at the company between 2000 and 2006.
CA6 Upholds Voluntary Departure Regulation at 8 CFR §1240.26(i)
The court held that 8 CFR §1240.26(i), which provides for the automatic termination of voluntary departure upon the filing of a petition for review, is valid given the AG’s statutory discretion to grant voluntary departure. (Hachem, et al. v. Holder, 8/29/11)
Delgado, Chevron, and the Changing Nature of Deferential Review of Immigration Decisions
AILA Amicus Committee alert on the Ninth Circuit’s recent decision, Delgado v. Holder holding that attorney generals may classify crimes as particularly serious both through case-by-case adjudication and by regulation for asylum purposes.
USCIS Q&As Regarding the DED Extension for Liberians
USCIS Q&As on the extension of Deferred Enforced Departure (DED) for qualified Liberians and those individuals without nationality who last habitually resided in Liberia. Topics include eligibility for coverage under the extension, I-765 filing requirements, and more.
CA7 Cites Recent Independence of South Sudan in Remand for Deferral under CAT
The court remanded in light of three undisputed legal errors in the BIA’s analysis, the government’s contention that it does not intend to remove Petitioner to Sudan, and the recent declaration of South Sudan’s independence. (Wani Site v. Holder, 8/26/11)
CA3 Says BIA Erred in Failing to Liberally Construe Pro Se Notice of Appeal
The court held that the BIA erred in dismissing Petitioner’s appeal as moot, and that the Board should have liberally construed the petition which incorrectly identified the IJ’s interlocutory ruling as the subject of appeal. (Higgs v. Att’y Gen. of the U.S., 8/25/11)
CA9 Finds Minor Who Lived in Iran for Six Years Did Not Abandon LPR Status
The court held that when determining whether a minor has abandoned LPR status, the intent of the LPR parents is imputed to the child until the child becomes an adult at which point he may legally demonstrate his individual intent. (Khoshfahm v. Holder, 8/25/11)
"No More Immigrant Detention" - Video Presentation by AILA Member Stephen Manning
AILA Member Stephen Manning created a presentation for the 2011 AILA Annual Conference to explain the programs used by the U.S. government to detain and deport immigrants, highlighting the Criminal Alien Program as their primary tool. Watch the video to learn more!
Demystifying the Immigrant Detention System
By Stephen Manning Immigrant detention is a labyrinth; it is a maze of interconnected facilities where the United States government has the power to detain people like cattle. A lost, confused expression crosses our collective face each time we search for a reasoned explanation as to why people are
CA3 Vacates and Remands LGBT Asylum Case Finding Flawed BIA Analysis
The court remanded an LGBT asylum case, finding that the BIA incorrectly evaluated the petitioner's claim as though it was based on individualized persecution and erred in its analysis of changed country conditions. (Izquierdo v. Att'y Gen. of the U.S. 8/24/11)
CA7 Says Importation of Alien for Prostitution Is Not Categorically an Aggravated Felony
Importation of an alien for prostitution in violation of INA §278 is not categorically an aggravated felony “offense that relates to the owning, controlling, managing or supervising of a prostitution business” under INA §101(a)(43)(K)(i). (Rosario v. Holder, 8/24/11)
CA7 Dismisses for Lack of Jurisdiction, Is Troubled by Proceedings
Though lacking jurisdiction to review the denial of Petitioner’s adjustment of status, the court noted that it might have weighed the equities differently than the IJ and reprimanded Petitioner’s attorney for his deficient performance. (Wroblewska v. Holder, 8/24/11)