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
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)
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.
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)
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.
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.
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 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)
HALT Act - H.R. 2497/S.1380
Hinder the Administration’s Legalization Temptation (HALT) Act limits the ability of the current administration and suspends vital protections for vulnerable immigrants until January 21, 2013.
ICE Announces that the U.S. and Mexico Resume MIRP for the Eighth Consecutive Summer
ICE press release announcing the restart of the Mexican Interior Repatriation Program (MIRP), which facilitates the voluntary return of Mexican nationals who are found to be in the Sonoran Desert region of Arizona unlawfully to their homes in the Mexican interior.
AILA and NIJC as Amici Seek Reversal of BIA §212(c) Cases, Blake/Brieva
Brief of Amici Curiae, filed with the U.S. Supreme Court, argues for reversal of the BIA’s treatment of §212(c) cases in Blake/Brieva, which has resulted in the irrational denial of relief for countless deserving noncitizens. Special thanks to NIJC and Jones Day.
CIS Ombudsman Recommendation on USCIS Deferred Action Processing
A 7/11/11 CIS Ombudsman recommendation to USCIS outlining the steps for USCIS to improve the processing of deferred action requests, such as by issuing public guidance on the procedures for making deferred action requests, and by conducting an inventory of pending requests.
CA5 Rejects Equitable Estoppel Claim in Derivative Citizenship Case
In a case involving an 11-year delay in adjudicating a certificate of citizenship, the court held that Petitioner failed to show affirmative government misconduct beyond negligence and was not entitled to terminate proceedings. (Robertson-Dewar v. Holder, 7/8/11)
CA9 Finds Nexus in Mexico Whistleblowing Asylum Case
The court held that exposure of corruption in the Mexican government and Petitioner’s refusal to accede to corrupt demands were political acts that qualify Petitioner as a whistleblower for asylum and withholding of removal. (Perez-Ramirez v. Holder, 7/8/11)