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 on "Attempt" as a Crime Involving Moral Turpitude
The BIL held that where the offense underlying a conviction for attempt is a CIMT, the alien is considered to have been convicted of a CIMT for purposes of INA §237(a)(2)(A), even though that section makes no reference to attempt offenses. Matter of Vo, 25 I&N Dec. 426 (BIA 2011)
CA2 Says 30-Day PFR Deadline Does Not Violate Suspension Clause
The court found that the motion to reopen is an effective substitute for habeas review, the motion to reopen process cannot be unilaterally terminated by the government, and agency denials are subject to meaningful judicial review. (Luna & Thompson v. Holder, 3/3/11)
ICE Memo on Civil Immigration Enforcement
A 3/2/11 memo by ICE Director, John Morton, outlining ICE enforcement priorities as they relate to the apprehension, detention, and removal of undocumented immigrants. This updates the 6/30/10 Morton memo on ICE enforcement by adding Section F "No Private Right Statement."
VOICE: March/April 2011
The latest issue of VOICE: An Immigration Dialogue features articles on the Central American gang phenonemon, how to create a path to permanent residence through job creation, how to start your own immigration firm, and much more!
CA9 Remands, Finding No Retroactive Bar to §212(c) Under IIRIRA
The court held that Petitioner, who was a SAW lawful temporary resident when he pleaded guilty in 1989, had a settled expectation of the availability of §212(c) relief at the time of his plea. (Gallegos-Vasquez v. Holder, 3/1/11)
DOJ OIL February 2011 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) February 2011 Litigation Bulletin covers the court’s finding in Abufayad v. Holder, litigating executed final orders, and OIL Director Thomas Hussey stepping down, as well as summaries of court decisions, and more.
Immigration Law Advisor, February 2011 (Vol. 5, No. 2)
Immigration Law Advisor, a legal publication from EOIR, with an article on crimes of violence under 18 USC 16(b), circuit court decisions for January 2011, and recent BIA precedent decisions.
House Judiciary Hearing on Immigration and American Minorities
Testimony from the 3/1/11 House Judiciary Subcommittee on Immigration Policy and Enforcement hearing titled “Making Immigration Work for American Minorities.”
MPI Report on Executive Action to Make the Immigration System Work Better
A March 2011 Migration Policy Institute (MPI) report suggesting six ways executive action could be used to improve the performance of the U.S. immigration system, by building on policies of principal executive branch immigration agencies, without requiring new legislation.
AILA's Pro Bono Newsletter, Winter 2011
In the Winter 2011 Pro Bono Newsletter, get help in overcoming common obstacles to pro bono implementation and hear an Equal Justice Works fellow describe her experience working at a detention center in Texas.
CA5 on IJ/BIA Jurisdiction Over Motions to Reopen
The court found that the BIA did not abuse its discretion in holding that Petitioner’s appeal from the IJ’s denial of her first motion to reopen deprived the IJ of jurisdiction to adjudicate a subsequent motion to reopen. (Lemus-Reyes v. Holder, 2/28/11)
CA7 Upholds Denial of Lebanese Asylum Claim
The court found that the IJ properly considered Petitioner’s Hezbollah-related claim, did not ignore his future persecution claims, and applied the correct standard of review in denying asylum. (Kiorkis v. Holder, 2/28/11)
ICE Memo on Alternatives to Detention Program Participant Enrollment Guidance
Memo from Executive Associate Director Gary Mead on alternatives to detention program participant enrollment guidance for all existing and potential ADT participants.
CRS Report: U.S. Immigration Policy on Temporary Admissions
A 2/28/11 Congressional Research Service (CRS) report about U.S. immigration policy on temporary admissions covers policy tensions, nonimmigrant categories, periods of admission, work authorization, grounds for removal, visa and admission trends, and more.
ICE Announces Death of Chinese National in ICE Custody
ICE press release announcing the death of Qi Gen Guo, a Chinese national in ICE custody, who passed away at the Lock Haven Hospital in Lock Haven, PA, as the result of an apparent suicide. Qi Gen Guo is the sixth detainee to pass away in ICE custody in FY2011.
CA2 Finds No Due Process Violation in Service of NTA on Minor
The court held that a defect in the service of a notice to appear on a minor alien under 8 CFR §103.5a(c)(2)(ii), standing alone, does not implicate the minor alien’s fundamental rights. (Nolasco v. Holder, 2/25/11)
CA2 on Illegal Entry and Reinstatement of Removal
The court upheld the reinstatement of removal under INA §241(a)(5), rejecting Petitioner’s argument that her re-entry into the United States using another person’s passport did not constitute an illegal entry for reinstatement purposes. (Beekhan v. Holder, 2/25/11)
CA3 Says Withdrawal of Application for Admission Interrupted Physical Presence
Upon return from a trip to Canada, Petitioner knowingly withdrew his application for admission in lieu of a formal admissibility determination, such that his continuous presence was terminated for cancellation purposes. (Demandstein v. Att’y Gen. of the U.S., 2/24/11)
USCIS Q&A for 2/24/11 Quarterly National Stakeholder Meeting
USCIS Q&A for its 2/24/11 quarterly national stakeholder meeting with agency program officers and directorates. Topics include fee waivers, the visa bulletin, asylee derivatives, RFE templates, H-1B cap exemptions, and more. Original invitation and agenda follow Q&A.
CA9 Remands, Discusses Adverse Credibility and Deliberate Fabrication
The court upheld the IJ’s adverse credibility determination as supported by substantial evidence, but found that the heightened requirements for determining that Petitioner’s application for asylum was frivolous were not met. (Liu v. Holder, 2/23/11)
USCIS Memo on New TRIG Exemption for Solicitation
USCIS 2/23/11 policy memo guiding the implementation of a new discretionary exemption that authorizes USCIS not to apply the solicitation inadmissibility grounds to certain individuals who, under duress, solicited funds or members for a terrorist organization.
USCIS Memo on New TRIG Exemption for Military-Type Training
USCIS 2/23/11 policy memo guiding the implementation of a new discretionary exemption that authorizes USCIS not to apply the military-type training inadmissibility grounds to certain individuals who, under duress, received military-type training from a terrorist organization.
BIA Remands for Analysis of Third Silva-Trevino Step
The BIA held that absent otherwise controlling authority, IJs and the BIA are bound to apply all three steps of the Silva-Trevino methodology for determining whether an offense constitutes a CIMT. Matter of Guevara Alfaro, 25 I&N Dec. 417 (BIA 2011)
AILA Comments on Coordination of USCIS and ICE on Cases in Proceedings
AILA’s comments in response to the USCIS interim memorandum on coordinating the adjudication of applications and petitions involving individuals in removal proceedings. Special thanks to Mary Kramer.
CA9 Upholds Removal of Palestinian Citizen with Alleged Ties to Hamas
The court held that the BIA’s determination that Petitioner was inadmissible in that he was likely to engage in terrorist activity or provide material support to a terrorist organization was supported by substantial evidence. (Abufayad v. Holder, 2/16/11)