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
CA3 Adopts Harmless Error Test Where BIA Applied Wrong Standard of Review
The court adopted a harmless error analysis and concluded that the BIA’s erroneous de novo review of the IJ’s factual findings was not only harmless, but was, if anything, favorable to Petitioner. (Yuan v. Att’y Gen. of the U.S., 4/22/11)
CA9 Says Alien’s Admissions at Pleading Stage Relieved Government of Burden
The court held that admissions made by an alien or through counsel that are accepted by the IJ at the pleading stage are binding; no further evidence concerning the facts admitted or law conceded is necessary. (Perez-Mejia v. Holder, 4/21/11; amended 11/23/11)
BIA Vacates IJ Decision, Finds IJ Made "Inappropriate Remarks"
The BIA held that inappropriate remarks by the IJ called the fairness of the proceedings into question, and that the IJ's finding that the respondent's claims were frivolous did not comport with prior BIA precedent. Courtesy of Christopher Helt.
BIA Finds 212(h) Bars Do Not Apply to Applicants Admitted as Conditional LPRs
Unpublished BIA decision finds LPR eligible for 212(h) waiver despite aggravated felony conviction because he was initially admitted as a conditional LPR. Special thanks to IRAC. (Matter of Mata, 4/20/11)
White House Blog Post on Creating a 21st Century Immigration System
White House blog post about President Obama’s commitment to reforming immigration laws to meet 21st century economic and security needs, and his belief in working together with Democrats, Republicans, Independents, and others on immigration reform.
BIA Remands, Says IJs May Not “Leap Frog” Over Step 2 of Silva-Trevino
The BIA held that evidence outside the record of conviction may only be considered in determining whether a conviction is a CIMT when the record itself does not conclusively answer that question. Matter of Ahortalejo-Guzman, 25 I&N Dec. 465 (BIA 2011)
CRCL April 2011 Newsletter
DHS Office for Civil Rights and Civil Liberties (CRCL) April 2011 newsletter includes new guidance on DHS-supported activities for individuals with limited English proficiency, civil rights monitoring and oversight of Secure Communities, upcoming CRCL events, and more.
DHS Guidance on Title VI Prohibition against Discrimination Affecting LEP Persons
DHS notice of final policy guidance to recipients of federal financial assistance regarding Title VI’s prohibition against national origin discrimination affecting persons with limited English proficiency (LEP). The guidance is effective 5/18/11. (76 FR 21755, 4/18/11)
Supreme Court Grants Cert in 212(c) Case Challenging Matter of Blake
On 4/18/11, the Court granted certiorari in a case challenging Matter of Blake, which held that a person found removable for sexual abuse of a minor, an aggravated felony, was not eligible for 212(c) relief because there was no comparable ground of inadmissibility.
CA9 Upholds Denial of Sexual Orientation Asylum Claim from Mexico
The court upheld the finding that Petitioner did not meet his burden of showing that the government was unable or unwilling to control his attackers where he failed to report sexual abuse. Original opinion follows. (Castro-Martinez v. Holder, 4/15/11; amended 12/5/11)
Letter from Senator Schumer Requesting Discretion in Certain Non-Criminal Immigrant Cases
A 4/14/11 letter from Senator Schumer (D-NY) to DHS Secretary Napolitano requesting that DHS use its discretion to weigh - on a case-by-case basis - whether the detention and removal funds should be used in cases involving certain non-criminal immigrants.
AILA Comments on DHS Regulatory Review
AILA’s comments on the Department of Homeland Security’s implementation of Executive Order 13563, “Improving Regulation and Regulatory Review.” Special thanks to the AILA Interagency Liaison Committee.
Senators Ask for Executive Action on Behalf of DREAMers
A 4/13/11 letter from 22 Senators to President Obama asking that deferred action be granted to certain DREAM Act-eligible students.
USCIS Asylum Division Stakeholder Meeting Minutes
USCIS Asylum Division minutes from its 4/12/11 quarterly stakeholder meeting. Topics include proposed customer inquiry response procedures, the asylum EAD Clock, and more. Original invitation follows minutes.
Spelling Out the Demise of DOMA in Five Steps
AILA Amicus Committee alert on what the 2/23/11 announcement by the DOJ means, where DOJ stated that it would no longer defend DOMA in pending litigation challenging its constitutionality but it would continue to enforce DOMA until there was a final judicial resolution.
District Court Says Employee Has Right to Remain in U.S. While Extension Application Is Pending
The court held that ICE may not arrest an H-1B employee for whom a timely-filed extension application is pending and that “work authorization is part and parcel of their authorization to be in the country, not a separate matter.” (El Badrawi v. U.S., 4/11/11)
CA9 Reverses Course on Acosta v. Gonzales
The court gave Chevron and Brand X deference to Matter of Briones, and held that aliens who are inadmissible under INA §212(a)(9)(C)(i)(I) may not seek adjustment of status under INA §245(i). (Garfias-Rodriguez v. Holder, 4/11/11)
Update on Padilla v. Kentucky in the State Courts: Analyzing Florida’s Hernandez v. State
AILA Amicus Committee alert on how Hernandez v. State characterized Padilla v. Kentucky as creating a “new rule” that should not be applied retroactively.
AILA Denounces Deportations to Haiti as Life-Threatening
AILA's public statement calling on Obama Administration to suspend deportations to Haiti until life-threatening conditions in that country are resolved.
AILA Liaison/USCIS Meetings Q&As (4/7/11)
Official Q&As from the 4/7/11 meeting between USCIS HQ and AILA liaison. USCIS responses address policy driving adjudications, Kazarian guidance, visa waiver program adjudications, H-1B portability, implementation of VIBE, and more.
CA9 Upholds Requirement that Past Persecution Occur in Country of Removal
The court upheld 8 CFR §1208.16(b)(1)(i), requiring past persecution to have occurred in the country of removal, and denied asylum to Petitioner who suffered spousal abuse only in the U.S. (Gonzalez-Medina v. Holder, 4/7/11)
CA9 Says BIA Has Jurisdiction to Review Post-Removal Motion
The court reaffirmed Coyt v. Holder and found that 8 CFR §1003.2(d) does not bar BIA jurisdiction to review a motion to reconsider and reopen filed after the petitioner has been involuntarily removed from the United States. (Reyes-Torres v. Holder, 4/7/11)
BIA Says IJ's Conclusions on Extrajudicial Killing Were Not Speculative
The BIA held that an IJ may make reasonable inferences from direct and circumstantial evidence, and is not required to accept respondent's account where other plausible views of the evidence are supported by the record. Matter of D-R-, 25 I&N Dec. 445 (BIA 2011)
AILA/AIC Letter to Secretary Napolitano on DHS’ Use of Prosecutorial Discretion
AILA and AIC letter to DHS Secretary Janet Napolitano expressing concerns and offering assistance and perspective with respect to implementing a well-balanced policy on the exercise of prosecutorial discretion.
ICE Announces Policy for Resumed Removals to Haiti
ICE press release announcing that the agency is resuming the limited removal of convicted criminal Haitians with final orders of removal. At this time, ICE is not removing non-criminal Haitian nationals unless they are determined to be a significant national security threat.