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
Two Individuals Sentenced For Their Roles in a Fraudulent Document Ring
ICE press release announcing that two men received 42 and 43 months in prison for their roles in a fraudulent document trafficking organization based in Mexico, which operated 19 cells in 11 states and produced false identification cards for undocumented individuals.
CA7 on the Effective Date of the Child Status Protection Act
Refusing to apply Chevron deference to the BIA’s decision, the court held that the CSPA applies to beneficiaries of previously approved visa petitions, but not those with applications adjudicated prior to CSPA’s enactment. (Arobelidze v. Holder, 7/27/11)
CA7 Upholds Removal of DEA Informer
The court found that reasonable, substantial, and probative evidence presented on remand established a “serious reason to believe” that Petitioner is or has been a trafficker of heroin, thus barring her from relief from removal. (Pronsivakulchai v. Holder, 7/25/11)
CA3 Says No Exception for Extended Absence from U.S. for Cancellation of Removal
The court found no humanitarian exception to the stop-time rule and upheld the denial of Petitioners’ cancellation applications despite the fact that they did not intend to stay outside the U.S. for more than 90 days. (Flores-Nova v. Att’y Gen. of the U.S., 7/25/11)
White House Memo on Blocking Property of Transnational Criminal Organizations
A 7/25/11 White House memorandum from President Obama to Congress, reporting a new Executive Order to declare a national emergency with respect to the threat that significant transnational criminal organizations pose to the U.S., and block the property of such groups.
White House Strategy to Combat Transnational Organized Crime Fact Sheet
White House fact sheet on President Obama’s Strategy to Combat Transnational Organized Crime, which seeks to reduce transnational organized crime from a national security threat to a manageable public safety problem.
White House Releases Strategy to Combat Transnational Organized Crime
President Obama’s July 2011 Strategy to Combat Transnational Organized Crime, released by the White House on 7/25/11, establishes priority actions aimed at reducing transnational organized crime from a national security threat to a manageable public safety problem.
Executive Order Blocking Property of Transnational Criminal Organizations
An Executive Order by President Obama, dated 7/24/11, establishing a sanctions program to block the property of significant transnational criminal organizations, and providing the criteria for the blocking of persons designated under the order.
CA7 Finds Third Party Standing in Case Challenging Constitutionality of Removal
The court found that Petitioner had third party standing to advance the argument that his removal would violate the constitutional rights of his U.S. citizen children, but joined other circuits in rejecting the merits of the argument. (Marin-Garcia v. Holder, 7/22/11)
CA9 Says Violation of California Counterfeiting Statute Is an Aggravated Felony
The court found that willfully manufacturing, intentionally selling, and knowingly possessing for sale more than 1,000 articles bearing a counterfeit trademark in violation of Cal. Penal Code §350(a)(2) is an aggravated felony. (Rodriguez-Valencia v. Holder, 7/21/11)
CA9 Remands, Finds Counsel Rendered Ineffective Assistance
The court found that counsel’s failure to file a stay of voluntary departure, or seek any other avenue of relief, was not a tactical decision and that Petitioner was prejudiced by counsel’s assistance in his efforts to adjust his status. (Singh v. Holder, 7/21/11)
ICE Announces Guilty Plea for Falsifying Student Information
ICE press release announcing that a former university employee who reportedly made repeated false SEVIS entries as a DSO, pled guilty in federal court to concealing and shielding foreign college students who were in violation of the terms of their student visas.
CA7 Finds Illinois Domestic Battery Is an Aggravated Felony
The court held that a violation of 720 Ill. Comp. Stat. 5/12-3.2(a)(1) for intentionally causing bodily harm to a family member is a crime of violence under 18 USC §16(a) and is therefore, an aggravated felony. (Castellanos v. Holder, 7/20/11)
CA2 Refuses to Dismiss Based on Fugitive Disentitlement Doctrine
Comparing the facts to Gao v. Holder where it applied the fugitive disentitlement doctrine to dismiss the case, the court found Gao’s case “extreme” and Petitioner’s case more “normal” and denied the government’s motion to dismiss. (Wu v. Holder, 7/19/11)
CA9 Remands for BIA to Decide if Consultant’s Actions Excuse Untimely Asylum Application
On rehearing, the court held that the BIA erred as a matter of law in finding that fraudulent deceit by an immigration consultant cannot constitute an “extraordinary circumstance” that excuses an otherwise untimely asylum application. (Viridiana v. Holder, 7/19/11)
CA11 on “Sought to Acquire” under the Child Status Protection Act
The court found that the term “sought to acquire” lawful permanent residence within one year of a visa number becoming available is broad enough to encompass substantial steps taken toward the filing of the application. (Medina Tovar v. U.S. Att’y Gen., 7/19/11)
BIA Finds California Assault Statute is an Aggravated Felony Crime of Violence
The BIA held that assault with the intent to commit a felony in violation of Cal. Penal Code section 220 is categorically a crime of violence under 18 USC §16, and is therefore an aggravated felony. Matter of Martinez, 25 I&N Dec. 571 (BIA 2011)
BIA Remands, Orders Consideration of Worsening Conditions for Christians in Iraq
In an unpublished decision, the BIA held that conditions in Iraq have changed to such an extent since the respondent’s prior removal hearing that the proceeding should be reopened to consider her application for asylum. Courtesy of Steven N. Garmo.
CA9 Finds Pro-Labor Position Constitutes Protected Political Opinion
The court found that the BIA ignored the anti-government opinion Chinese officials imputed to Petitioner as motivation for abuse, and erroneously concluded that his pro-labor activities did not constitute an expression of political opinion. (Hu v. Holder, 7/14/11)
CA9 Remands for Credibility Evaluation in “Reason to Believe” Case
The court found that the IJ’s failure to evaluate Petitioner’s credibility in determining whether there was “reason to believe” he was knowingly engaged in drug trafficking was a fundamental flaw that precludes effective review. (Gomez-Granillo v. Holder, 7/14/11)
CA9 En Banc Court Overrules Equal Protection Holding in Lujan-Armendariz
The en banc court held that equal protection does not require treating, for immigration purposes, an expunged state conviction of a drug crime the same as a federal drug conviction that has been expunged under the FFOA. (Nunez-Reyes v. Holder, 7/14/11)
CA7 on Continuous Physical Presence for Cancellation of Removal
The court held that Petitioner’s continuous presence was interrupted when she signed Form I-826, Notice of Rights and Request for Disposition, and returned to Mexico in a formal, documented process while facing threat of removal. (Reyes-Sanchez v. Holder, 7/14/11)
CA7 Remands Macedonian Asylum Case; Discusses Persecution vs. Harassment
The court found that the harm suffered by Petitioners rose to the level of persecution where the couple was robbed, the husband beaten, the wife sexually molested, and her parents rendered unconscious. (Stanojkova v. Holder, 7/14/11; amended 8/16/11)
BIA on Changed Circumstances and the One-Year Asylum Deadline
In an unpublished decision, the BIA held that the respondent’s discovery of his HIV status was a changed circumstance, excusing the late filing. The BIA also noted that an approved labor certification would qualify as an extraordinary circumstance. Courtesy of Paul O’Dwyer.
BIA Says §212(h) Cannot Waive Conviction for Purposes of Cancellation Eligibility
The BIA held that INA §212(h) cannot waive the effect of a conviction for a controlled substance violation to overcome the bar to cancellation of removal under §240A(b)(1)(C), and dismissed the appeal. Matter of Bustamante, 25 I&N Dec. 564 (BIA 2011)