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
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)
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In an unpublished decision, the court vacated the BIA order, noting the IJ committed multiple legal and factual errors constituting an abuse of discretion, including engaging in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.
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.
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.
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)
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.
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)
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.
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.
ICE Extension of Information Collection: Electronic Bonds Online Access (Updated 11/22/11)
ICE notice of a 30-day extension of the comment period on the information collection for Electronic Bonds Online (eBonds) access. Comments are due 12/21/11. (76 FR 53930, 8/30/11) (76 FR 72210 11/22/11)
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.
EOIR Swears in Three New Immigration Judges
EOIR announced the investiture of three new immigration judges who will join the immigration judge corps in East Mesa, California; Lumpkin, Georgia; and Dallas, Texas.
Baltimore EOIR Notice on Prosecutorial Discretion Pilot Project
Notice from Brenda L. Cook, Court Administrator, Baltimore EOIR, to non-detained individuals whose cases are to be rescheduled pursuant to the prosecutorial discretion pilot project.
District Court Certifies Class of Detainees with Mental Disabilities
The court certified a class action asserting the right to counsel for immigrant detainees with mental disabilities in California, Arizona, and Washington in a lawsuit filed last year by NWIRP, the ACLU, Sullivan & Cromwell, and others. (Franco v. Napolitano, 11/21/11)
USCIS Policy Memo on Material Support and the Provision of Medical Care
USCIS 11/20/11 policy memo on the implementation of a new exemption to apply the material support inadmissibility grounds to certain individuals who provide medical care to persons associated with terrorist activities or organizations.