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
CA9 Remands Indo-Fijian Asylum Claim
The IJ/BIA erred in failing to conduct an individualized analysis of changed conditions after Petitioner established past persecution, and the BIA abused its discretion in denying Petitioner’s motion to reopen following the 2006 coup in Fiji. (Ali v. Holder, 3/18/11)
CA3 Upholds Denial of Chinese Family Planning Asylum Claim
The court found that Petitioners did not demonstrate a well-founded fear of persecution based on the birth of their two U.S. citizen children, or that they would be subjected to fines rising to the level of persecution. (Chen v. Att’y Gen. of the U.S., 3/18/11)
CA7 Upholds Denial of Motion Raising Religious Persecution Claim
The court rejected Petitioner’s argument that her attorney was ineffective for failing to present her claim of persecution in China as a life-long practicing Catholic or to inform her that a claim of religious persecution was relevant. (Jiang v. Holder, 3/18/11)
BIA on Adjustment of Status for K-1 Nonimmigrants
The BIA held that an alien who enters on a K-1 visa and timely enters into a bona fide marriage with the petitioning spouse, remains eligible to adjust status under INA §245(a) despite termination of the marriage. Matter of Sesay, 25 I&N Dec. 431 (BIA 2011)
AILA Opposes Obama Administration’s Decision to Resume Deportations to Haiti
AILA expresses deep disappointment with and opposes the decision of the Obama Administration to resume deportations to Haiti which had been suspended since a catastrophic earthquake devastated the country last January.
CA10 Accords Chevron Deference to Matter of Briones
The BIA was justified in departing from the law of the case and the court’s mandate in following Briones and concluding that petitioner could not adjust under §245(i) because he was inadmissible under §212(a)(9)(C)(i)(I). (Padilla-Caldera v. Holder, 3/14/11)
AILA Comments on the ICE Draft Policy for Resumed Removals to Haiti
AILA’s comments in response to a 03/07/11 ICE draft policy for resume removals to Haiti. In addition to submitting comments, AILA requests that the Administration immediately convene a joint meeting with AILA and other advocacy organizations.
CA9 Upholds IJ Denial of Motion to Suppress
The court found that the county deputy sheriff’s detention of Petitioners at a gas station while waiting for an immigration agent to arrive did not constitute an egregious violation of Petitioners’ Fourth Amendment rights. (Martinez-Medina v. Holder, 3/11/11)
CA11 Remands for Modified Categorical Analysis
The court held that a violation of 18 USC §892(a) for making an extortionate extension of credit, is not categorically an aggravated felony crime of violence under INA §101(a)(43)(F). (Accardo v. U.S. Att’y Gen., 3/10/11)
Really? You’re Proud of That?
Today, in front of the Senate Judiciary Committee, DHS Secretary Napolitano answered a query from Senator Grassley to the effect that this administration granted fewer deferred actions in the past year than the Bush administration did in its last year. Deferred action: that would be the legal amel
Combating the Terrorism Bars Before DHS and the Courts
An article reprinted from AILA’s Immigration Practice Pointers 2010-2011 Edition on terrorism-related inadmissibility grounds (TRIG) by Anwen Hughes, Thomas K. Ragland and David Garfield.
USCIS Comment Request on Form I-589 Extension
USCIS 30-day comment request on the extension of the validity of Form I-589, Application for Asylum and Withholding for Removal. Comments are due 4/7/11. (76 FR 12751, 3/8/11) (75 FR 74069, 11/30/10)
ICE To Resume Deportations to Haiti: First Rule “Do No Harm”
No one can argue with the removal of dangerous criminals. That is why grounds of removability for serious crimes are in the law. But when the US effectively dumps hundreds of people, especially thugs convicted of “homicide, rape, sexual assault, robbery, sex offense against children,“ and oth
CA9 Says §241(a)(6) Detainees Are Entitled to a Bond Hearing
The court reversed the district court and held that an individual facing prolonged detention under INA §241(a)(6) is entitled to release on bond unless the government establishes that he is a flight risk or a danger to the community. (Diouf v. Napolitano, 3/7/11)
USCIS Comment Request on the Extension of Form I-881
USCIS 30-day comment request on the extension of the validity of Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal. Comments are due 4/6/11. (76 FR 12364, 3/7/11)(75 FR 80836, 12/23/10)
DHS Testimony of Secretary Napolitano on DHS FY2012 Budget Request
DHS testimony of Secretary Napolitano before the U.S. House Committee on Homeland Security on DHS’s FY12 budget requests including an outline of DHS’s six core missions, increased border security measures, enforcement and administration of current immigration laws, and more.
ICE Proposed Policy for Resumed Removals to Haiti
ICE proposed policy for resumed removals to Haiti. Comments will be accepted by ICE until 3/11/11. Proposed policy follows instruction page.
CA5 on IJ Authority to Reopen In Absentia Order Sua Sponte
The court held that INA §240(b)(5)(C)(i), which permits a motion to reopen to rescind an in absentia removal order only if it is filed within 180 days, trumps the immigration judge’s sua sponte authority to reopen proceedings at any time. (Gregoire v. Holder, 3/4/11)
CA5 Says Waiver of Appeal Was Knowing and Intelligent
The court held that the record of proceedings contained substantial evidence to support the BIA’s finding that Petitioner knowingly and intelligently waived his right to appeal in accepting an order of voluntary departure. (Kohwarian v. Holder, 3/4/11)
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.