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
ICE Announces the Passing of an El Salvadoran National While in ICE Custody
ICE press release announcing that Miguel Hernandez, a 54-year-old El Salvadoran national, passed away at a Georgia medical center after collapsing at the North Georgia Detention Center. He was the eighth individual to pass away in ICE custody in FY 2011.
Five Indicted in Texas in Alleged H-2B Fraud Scheme
A grand jury indicted five defendants on conspiracy to commit visa fraud and to encourage aliens to illegally enter and reside in the U.S. The indictment alleges that the defendants have conspired since August 2004 to knowingly obtain H-2Bs under false pretenses. (U.S. v. Vicharelly, 5/5/11)
USCIS Fact Sheet on Public Charge
USCIS fact sheet provides information about public charge determinations, including the background and definition, as well as which benefits are subject to public charge consideration, to help noncitizens make decisions about whether to apply for certain public benefits.
BIA Provides Framework for Assessing Mental Competency (Updated 5/13/11)
The BIA set forth a framework to assess the competency of respondents in proceedings and remanded, finding good cause to believe respondent was not competent to proceed. Courtesy of the Univ. of Houston Immigration Clinic. Matter of M-A-M-, 25 I&N Dec. 474 (BIA 2011)
CA9 Says Res Judicata Binds IJ/BIA to Proceed with §212(c) Case
The court held that res judicata binds the BIA to the district court’s decision that Petitioner is eligible for §212(c) relief and that Blake and Brieva do not constitute a change in the law to bar res judicata. (Paulo v. Holder, 5/4/11)
CRCL May 2011 Newsletter
DHS Office for Civil Rights and Civil Liberties (CRCL) May 2011 newsletter covers the removal of designated countries from NSEERS registration, CRCL meetings with Non-Governmental Organizations (NGOs) on immigration-related issues, new CRCL leadership, and more.
DHS to Use Resources for Emergency Aid, Not Enforcement Efforts, in the Tornado Zone
AILA has been informed that DHS will devote its efforts to disaster relief and emergency aid in the areas affected by the late April tornadoes and not use DHS resources for immigration enforcement in those areas.
CA9 Discusses Credibility and Corroboration in Asylum
The court found that where the IJ has reason in the record to doubt credibility, an absence of evidence may suffice to reject credibility where the need for the evidence is plain and the evidence is reasonably accessible. (Singh v. Holder, 5/3/11)
White House Readout of President’s Meeting with CHC Members Regarding Immigration (Updated 5/4/11)
White House readout of President Obama’s 5/3/11 meeting with members of the Congressional Hispanic Caucus (CHC) in which the President and CHC members agreed on the goal of fixing the broken immigration system through legislative action. The meeting announcement is attached.
O Holder, Here We Are...
AILA Amicus Committee alert on the ongoing Silva-Trevino controversy.
Reply Brief of Petitioner, Petition for Review
Sample reply brief of Petitioner arguing that Silva-Trevino is not entitled to deference, that reliance on Nijhawan is misplaced, and that Respondent failed to meaningfully address 4th Cir. authority on determining whether a conviction is a CIMT (May 2011). (Complaint, Amendment, Other Briefing)
DOJ OIL April 2011 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) April 2011 Litigation Bulletin introduces David M. McConnell as new Director for OIL Appellate, and covers the INA § 212(c) issue before the Supreme Court, defining “admission,” summaries of recent decisions, and more.
Immigration Law Advisor, April 2011 (Vol. 5, No. 5)
Immigration Law Advisor with an article on the Supreme Court’s interpretation of Section 212(c) and how circuit courts are handling it, circuit court decisions for March 2011, an article on the Convention Against Torture, recent BIA precedent decisions, and a regulatory update.
BIA Says Personal Service of NTA on Minor Was Effective
The BIA held that service of an NTA on a minor 14 years of age or older at the time of service is effective, even though notice was not also served on an adult with responsibility for the minor. Matter of Cubor-Cruz, 25 I&N Dec. 470 (BIA 2011)
AILA Files Brief of Amici Curiae in Case Challenging Silva-Trevino
Brief of amici filed in the 4th Circuit case, Waheed v. Holder, urges the court to reject the Silva-Trevino framework for determining whether a conviction constitutes a crime involving moral turpitude and reaffirm the importance of the categorical approach.
CA9 Says Additional Incidents of Persecution Cast Doubt on Credibility
The court held that the inclusion of three additional incidents of arrest and mistreatment that were added to Petitioner’s claim in a supplemental declaration materially altered his claim in a way that casted doubt on his credibility. (Zamanov v. Holder, 4/29/11)
CA10 Rejects BIA Interpretation of Moral Turpitude in Tobar-Lobo
The court vacated the order of removal, finding that a violation of Colo. Rev. Stat. §18-3-412.5(1)(a), (3), misdemeanor failure to register as a sex offender, is not a crime involving moral turpitude. (Efagene v. Holder, 4/29/11)
White House Summary of the President’s Meeting with Influential Hispanics about Immigration
Readout of President Obama’s 4/28/11 meeting with influential Hispanics on fixing the broken immigration system, during which the President reiterated his commitment to CIR. The meeting announcement and background on the Administration’s immigration policy also is attached.
CA2 on “Parole” in the Adjustment of Status Context
The court held that the requirement that an alien be “paroled into the United States” in order to seek adjustment of status under INA §245(a) is not satisfied by the alien’s release on “conditional parole” under INA §236(a)(2)(B). (Cruz-Miguel v. Holder, 4/27/11)
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)