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
CA6 Says BIA Remand for Voluntary Departure Is a Final Order Subject to Review
The court held that the BIA’s remand to the IJ for the sole purpose of allowing Petitioners to apply for voluntary departure was an administratively final order of removal for purposes of INA §242, subject to the court’s review. (Giraldo v. Holder, 8/12/11)
CA9 Finds Jurisdiction; Says BIA Remand Is a Final Order
The court held that the BIA’s reversal of asylum and remand for voluntary departure proceedings was a final order and that neither Dada v. Mukasey, nor the 2009 voluntary departure regulations undermines the court’s jurisdiction. (Pinto v. Holder, 8/12/11)
CA9 Eliminates “Missing Element” Rule in Modified Categorical Approach
The en banc court overruled the court’s prior holding in Navarro-Lopez v. Gonzales, that the modified categorical approach does not apply when the crime of conviction is missing an element of the generic crime. (United States v. Aguila-Montes de Oca, 8/11/11)
CA1 Remands Albanian Asylum Claim to Reconsider Past Persecution
The court remanded the case for the BIA to reconsider evidence of the systematic and serious abuse of Petitioner’s children, which included two kidnappings, three beatings, and an aggravated rape as part of his claim of past persecution. (Precetaj v. Holder, 8/11/11)
Federal Judge Clears Way for Lawsuit Challenging U.S. Government's Immigration Detainers
National Immigrant Justice Center press release announcing that a federal judge in Illinois ruled that a federal lawsuit can proceed which challenges the U.S. government’s use of immigration detainers, a key tool in the Secure Communities enforcement program.
BIA on Obligation of Immigration Officers to Advise on Right to Counsel
The BIA held that where an alien is arrested without a warrant, the obligation to advise of the right to counsel does not attach until proceedings are commenced and any statements made during interrogation may be used against him. Matter of E-R-M-F- & A-S-M-, 25 I&N Dec. 580 (BIA 2011)
CA9 Interprets Reach of SAW Confidentiality Provision
The court held that the SAW confidentiality provision, INA §210(b)(6)(A), applies exclusively to the application and that there is no violation when the challenged information is obtained via questioning at an inspection checkpoint. (Soriano-Vino v. Holder, 8/10/11)
CA9 Overrules Matsuk; Finds Jurisdiction to Review Particularly Serious Crime Determination
The court found jurisdiction to review the decision that a conviction is a particularly serious crime and remanded to the BIA for a clear explanation of its finding that Petitioner’s DUI conviction barred him from relief. (Delgado v. Holder, 8/19/11)
CA10 Says Colorado Felony Menacing Is an Aggravated Felony
The court held a conviction for felony menacing under Colo. Rev. Stat. §18-3-206(a) or (b) necessarily involves the threatened use of physical force and is therefore, an aggravated felony crime of violence under 18 USC §16(a). (Damaso-Mendoza v. Holder, 8/9/11)
AILA Files Amicus Brief in Case Involving the Application of §212(a)(9)(C) to Minors
AILA amicus brief urging the BIA to find that INA §212(a)(9)(C) does not apply to minors under the best reading of the statute because minors are treated differently than adults under the immigration laws and should not be held culpable in the same way as adults.
CA10 Dismisses, Says Petitioner Failed to Raise Substantial Constitutional Issue
In a nonprecedential decision, the court held that Petitioner’s due process and equal protection arguments failed to demonstrate that he received a unfair hearing or was treated differently and that he failed to present a substantial constitutional issue. (Pizano-Zeferino v. Holder, 8/8/11)
CA5 on the Fugitive Disentitlement Doctrine
The court dismissed the petition, finding that that Petitioner became a fugitive when he did not surrender for removal despite the fact that his address was known to authorities and DHS made no attempt to locate or arrest him. (Bright v. Holder, 8/8/11)
BIA on Production of TPS Application in Proceedings
The BIA held that when an application for TPS that has been denied by USCIS is renewed in removal proceedings, the IJ may, in the appropriate circumstances, require DHS to provide the application that the applicant filed with USCIS. Matter of Rivera, 25 I&N Dec. 575 (BIA 2011)
EOIR Memo on Salt Lake City Immigration Court Relocation
An 8/5/11 memo from Jon Hill, EOIR Court Administrator to the AILA Utah Chapter on the relocation of the Salt Lake City Immigration Court. The memo includes information regarding filing, hearings, and contacting the court during the move, and more.
ICE Terminates Secure Communities MOAs, Reaffirms Nationwide Rollout by 2013
On August 5, 2011, DHS announced that a Memorandum of Agreement (MOA) between ICE and a state is not required to activate or operate Secure Communities in any jurisdiction and as a result, terminated all existing Secure Communities MOAs.
Four Individuals in Removal Proceedings Admit to Bribing ICE Official
ICE press release announcing that four undocumented individuals who were subject to removal due to previous criminal convictions pleaded guilty in federal court to bribing an ICE Enforcement and Removal Assistant to alter their reporting requirements and criminal histories.
Opening Brief of Petitioner, Petition for Review
Sample opening brief arguing that Petitioner’s conviction is not a CIMT, that Silva-Trevino is not entitled to Chevron deference, and that its application is contrary to Fourth Circuit precedent and would have an impermissible retroactive effect. (April 2011) AILA Doc. No. 11080433.
CA3 Rejects Departure Bar at 8 CFR §1003.2(d)
The court held that the departure bar under 8 CFR §1003.2(d) is inconsistent with INA §§240(c)(6)(A) and (7)(A) which permits an alien to file one motion to reopen and one motion to reconsider without geographic limitation. (Espinal v. Att’y Gen. of the U.S., 8/3/11)
CA10 Grants Rehearing En Banc in “Departure Bar” Case
The court granted rehearing en banc to revisit its prior holding that 8 CFR §1003.2(d) precludes consideration of a removed alien’s motion to reopen when filed within the 90 day time limit. AILA and AIC appear as amici. (Contreras-Bocanegra v. Holder, 8/2/11)
CA8 Rejects Social Group Claim in MS-13 Case
The court agreed with the BIA that “persons resistant to gang violence” are too diffuse to be recognized as a social group and that Petitioner’s family was no different from any other Salvadoran family that has experienced gang violence. (Constanza v. Holder, 8/1/11)
DOJ OIL July 2011 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) July 2011 Litigation Bulletin covers calculating the costs of immigration, the overturning of Lujan-Armendariz, summaries of recent federal court decisions, and more.
Immigration Law Advisor, July 2011 (Vol. 5, No. 6)
Immigration Law Advisor, a legal publication from EOIR, with an article on REAL ID credibility standards and the parameters of plausibility findings, circuit court decisions for June 2011, recent BIA precedent decisions, and a regulatory update.
ICE Removal Statistics: FY2007-2011 (Updated 11/15/11)
ICE removal statistics for fiscal years 2007 through July 31, 2011, including total removals, non-criminal removals, convicted criminal removals, average length of stay, and average daily population in ICE custody.
French Citizen Passes Away While in ICE Custody
ICE press release announcing the death of 29-year-old Irene Bamenga, a French citizen and Angolan national who was being detained at the Albany County Jail in New York pending her removal to France. Bamenga was the ninth individual to pass away in ICE custody during FY2011.
CA8 Rejects Claim, Says Petitioner Failed to Raise Question of Law
The court found jurisdiction to review nondiscretionary determinations underlying a denial of cancellation of removal, but declined to review Petitioner’s claim that the BIA improperly weighed the factors in its hardship determination. (Solis v. Holder, 7/28/11)