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
CA1 Upholds Denial of I-751 Hardship Waiver
The court upheld the IJ’s adverse credibility determination and conclusion that Petitioner’s marriage was not entered into in good faith where petitioner and his ex-wife gave vastly divergent descriptions of their wedding day. (McKenzie-Francisco v. Holder, 12/5/11)
CA3 Says BIA Erred in Making Unqualified Conclusions on CAT “Acquiescence”
The court found that the BIA incorrectly concluded that a number of specific circumstances cannot constitute government acquiescence and that it improperly ignored evidence of the likelihood of torture. (Pieschacon-Villegas v. Att’y Gen. of the U.S., 12/5/11)
EOIR Announces Additional Features to 1-800 Number
EOIR announcement that the case information system (1-800 number) will reinstate the “pound” key (#) and “star” key (*) functions beginning 12/12/11.
TRAC Report Finds ICE is Targeting Fewer Criminals in Deportation Proceedings
The Transactional Records Access Clearinghouse (TRAC) found that of ICE deportation proceedings initiated during July through September 2011, only 13.8% of the individuals were charged with having engaged in criminal activities.
CA4 on Jurisdiction over BIA Remand for Voluntary Departure
The court found jurisdiction to review the BIA’s order remanding for a grant of voluntary departure, but prudentially declined to exercise jurisdiction in light of Dada and 8 CFR §1240.26(b)(1)(i)(D). (Li v. Holder, 12/2/11)
CA4 Grants Petition for Review in Eritrean Asylum Case
In an unpublished decision, the court vacated the BIA order, noting the IJ committed multiple legal and factual errors constituting an abuse of discretion, including engaging in speculation and failing to consider corroborating evidence. Courtesy of David Goren.
BIA Grants Cancellation of Removal to Mother of Four
In an unpublished decision, the BIA held that exceptional and extremely unusual hardship would occur for the respondent’s four young children if she was removed, noting the respondent would lose her job and support network and had no savings. Courtesy of Campbell Cooke.
BIA Finds NTA Without Hearing Date Triggers “Stop-Time” Rule
The BIA held that any period of continuous residence or continuous physical presence ends upon service of an NTA on the alien, even if the NTA does not include the date and time of the initial hearing. Matter of Camarillo, 25 I&N 644 (BIA 2011)
DOJ OIL November 2011 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) November 2011 Litigation Bulletin addresses the Third Circuit’s rejection of “social visibility” and “particularity” requirements for asylum applicants, summaries of recent federal court decisions, issue updates, and more.
Denver EOIR Notice on Prosecutorial Discretion Pilot Project
Notice from Alec Revelle, Court Administrator, Denver EOIR, to respondents whose hearings are to be rescheduled in order to effectuate the prosecutorial discretion pilot project.
CA9 Finds No Abandonment of AOS Where Petitioner Departed without Advance Parole
Over dissent, the court found that where Petitioner unintentionally drove into Mexico without advance parole, he did not abandon his NACARA adjustment of status because 8 CFR §245.13(k)(1) applies only to “desired” departures. (Lezama-Garcia v. Holder, 11/30/11)
ICE Secure Communities Statistics Through November 30, 2011
ICE Secure Communities Monthly IDENT/IAFIS Interoperability statistics through 11/30/11 released on the ICE FOIA electronic reading room.
House Judiciary’s Immigration Subcommittee Hearings on Secure Communities
Testimony from the 11/30/11 House Judiciary’s Subcommittee on Immigration Policy and Enforcement Hearing, "Is Secure Communities Keeping Our Communities Secure?"
AILA NY Chapter Testimony on Secure Communities
AILA New York Chapter testimony submitted to the House Judiciary Subcommittee on Immigration Policy and Enforcement for the 11/30/11 hearing on Secure Communities.
AILA Southern California Chapter Testimony on Secure Communities
AILA Southern California Chapter testimony submitted to the House Judiciary Subcommittee on Immigration Policy and Enforcement for the 11/30/11 hearing on Secure Communities.
AILA DC Chapter Testimony on Secure Communities
AILA DC Chapter testimony submitted to the House Judiciary Subcommittee on Immigration Policy and Enforcement for the 11/30/11 hearing on Secure Communities.
AILA Testimony on Secure Communities Submitted to House Immigration Subcommittee
AILA testimony submitted to the House Judiciary Subcommittee on Immigration Policy and Enforcement for the 11/30/11 hearing on Secure Communities.
CA3 Finds Pennsylvania Sexual Assault Is a Crime of Violence
The court held that sexual assault, in violation of 18 Pa. Cons. Stat. §3124.1, raises a substantial risk of the intentional use force and is therefore an aggravated felony crime of violence under 18 USC §16(b). (Aguilar v. Att’y Gen. of the U.S., 11/29/11)
CA7 Upholds Denial of Religion-Based MS-13 Claim
The court found insufficient evidence that MS-13 targeted Petitioner on account of his Christian beliefs, finding instead that the evidence supported the conclusion that the threats were based on his refusal to join the gang. (Bueso-Avila v. Holder, 11/29/11)
BIA Finds Respondent is Eligible for Cancellation Under 240A(b)
In an unpublished decision, the BIA held that the respondent’s five U.S.-citizen daughters would suffer from exceptional and extremely unusual hardship if he was removed to a small village in Mexico and his family of seven accompanied him. Courtesy of Jonathan Benson.
CA5 Finds No Jurisdiction to Review Termination of Asylum
The court found that termination of asylum under 8 CFR §208.24 does not “mark the consummation of a decision-making process” and is therefore, not a final agency action for purposes of APA jurisdiction. (Qureshi v. Holder, 11/28/11)
CA3 Remands Asylum Claim of Guatemalan Government Witness
Although the Guatemalan government was willing to protect Petitioner in exchange for her testimony in a murder trial, the fact that it relocated her to Mexico is an admission that it could not actually protect her. (Garcia v. Att’y Gen. of the U.S., 11/28/11)
AILA Amicus Brief Challenges Mandatory Detention Holding in Matter of Rojas
AILA amicus explains how the plain language of the mandatory custody statute, INA §236(c), has never mandated the detention of every noncitizen who has ever committed a crime and urges the court to disapprove the BIA’s decision in Matter of Rojas.
White House Releases Immigration Action Update (11/22/11)
White House Immigration Action Update e-newsletter circulated on 11/22/11 covers prosecutorial discretion, the asylum clock, synopses from discussions with various groups on immigration, UPIL stakeholder engagement, and more.
AILA Files Amicus Brief in Fleuti/101(a)(13)(C) SCOTUS Case
AILA urges the court to refrain from deciding the effect of INA §101(a)(13)(C) on Fleuti, but sets forth its position that the statute did not abrogate the rule that LPRs returning from “brief, casual, and innocent” departures are to be treated as if they never left.