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
4th Circuit Embraces Natural Reading of the Word “Conviction”
AILA Amicus Committee alert on how Congress changed the definition of the word “conviction” in 1996 and how the Fourth Circuit recently embraced a more natural reading of the word in Crespo v. Holder.
DHS Readout of Secretary Napolitano’s Remarks on Border Security
DHS press release on Secretary Napolitano’s speech at the University of Texas at El Paso, in which she highlighted efforts to secure the Southwest border, and also noted efforts to enforce current immigration laws, and step up labor enforcement.
White House Fact Sheet on President Obama’s Plan to Fix Our Broken Immigration System
White House fact sheet released after the 2011 State of the Union Address on President Obama’s plan to win the future by fixing our broken immigration system.
CA9 Finds Record Inconclusive Under Modified Categorical Approach (Updated 8/1/11)
The court found the record inconclusive as to how Cal. Health & Safety Code §11352(a) was violated and that the BIA erred in concluding the conviction was an aggravated felony. (Young v. Holder, 1/28/11; reh’g en banc granted 7/29/11)
CA10 Upholds Denial of Christian Indonesian Asylum Claim
The court found that the harm suffered by Petitioner did not rise to the level of persecution and that her returns to Indonesia, and the presence of family in Indonesia without further violence, undercut her fear of future persecution. (Ritonga v. Holder, 1/28/11)
CA2 Finds New York Penal Law §263.05 Is an Aggravated Felony
The court held that New York Penal Law §263.05, use of a child in a sexual performance, is not divisible, and any conviction under it is categorically an aggravated felony offense involving sexual abuse of a minor. (Oouch v. Holder, 1/28/11)
CA9 Upholds Prior Decision on Review of Sua Sponte Reopening
The court held that the Supreme Court decision, Kucana v. Holder, did not change the court’s holding in Ekimian v. INS that there is no sufficiently meaningful standard to allow court review of sua sponte reopening. (Mejia-Hernandez v. Holder, 1/27/11)
White House Blog: Immigration and Winning the Future
A White House blog post that breaks down President Obama’s call in his 2011 State of the Union address to reform America’s broken immigration system.
DHS State of America’s Homeland Security Address
DHS provided remarks by Secretary Janet Napolitano on the overall state of our homeland security. These include major initiatives involving border security and immigration in the coming year, such as strengthening the legal immigration system and rolling out E-Verify “Self Check.”
ICE Comment Request on Immigration Bond Form Extension
ICE notice of an additional 30-day comment request on the extension of the validity of Form I-352, Immigration Bond. Comments are due 2/28/11. (76 FR 4930, 1/27/11) (75 FR 68372, 11/05/10)
CA3 Finds Evidence Tampering Is an Aggravated Felony and Particularly Serious Crime
The court held that tampering with physical evidence in violation of New York Penal Law §215.40(2) is an aggravated felony under INA §101(a)(43)(S) and a particularly serious crime rendering Petitioner ineligible for withholding of removal. (Denis v. Holder, 1/26/11)
CA10 Says No §212(h) Waiver for Possession of Marijuana in a Drug-Free Zone
In a nonprecedential decision, the court found that possession of less than one ounce of marijuana in a drug-free zone in violation of Utah Code Ann. §58-37-8(2)(a)(i) and (4)(a)(ix) is not “simple possession” that would qualify for a §212(h) waiver. (Olivan-Duenas v. Holder, 1/26/11)
CA2 Finds No Proof that VWP Entrant Waived Right to Contest Removal
The court declined to adopt a presumption that a person cannot enter on a visa waiver without automatically waiving the right to contest removal, and remanded, finding the record silent as to whether Petitioner actually waived his right. (Galluzzo v. Holder, 1/26/11)
EOIR Announces 10th Anniversary of the BIA Pro Bono Project
EOIR press release announcing the 10th anniversary of the BIA Pro Bono Project. The Project was implemented in 2001 to improve access to legal information and increase pro bono representation for individuals being detained while their immigration cases are under appeal.
CA2 Upholds BIA Denial of Chinese Family Planning Claim
The court found that the harm inflicted on Petitioner, who was punched repeatedly by family planning officials and detained for two days after his wife was taken away for an abortion, did not rise to the level of persecution. (Liu v. Holder, 1/24/11)
CA1 Rejects Asylum Claim Based on Fear of FGM to Daughter
The court denied Petitioners’ motion to remand, rejecting their attempt to base a claim for asylum on the fear that their recently born U.S. citizen daughter would be subjected to FGM upon the family’s removal to Guinea. (Mariko v. Holder, 1/24/11)
What to Watch Out for on Immigration in 2011
This AILA document outlines the major immigration-related proposals that are expected to be brought up during the 112th Congress, and provides a brief analysis of their likely impact.
CA7 Declines to Remand for Review by Three-Member BIA Panel
The court rejected Petitioner’s argument that the 3-page opinion issued by a single BIA member could only have been appropriately rendered by a 3-member panel, and that 8 CFR §1003.1 clearly allows a single member to issue such an opinion. (Ward v. Holder, 1/21/11)
Ninth Circuit Litigation Update: State of Law in Ninth Circuit on Expungements and Predicting Chaos
AILA Amicus Committee alert on Nunez-Reyes and how the tone of the oral argument appears to be warning individuals residing in the Ninth Circuit that the state of the law regarding expunged drug convictions is about to change.
CA4 Denies Salvadoran Withholding Claim Based on Social Group
The court held that young, Americanized, well-off Salvadoran male deportees with criminal histories who oppose gangs is not narrow or enduring enough to clearly delineate its membership or readily identify its members. (Lizama v. Holder, 1/19/11)
CA9 Finds Immigration Consultant Fraud Excuses Late-Filed Asylum Application
The court held that the immigration consultant fraud that caused the late filing of Petitioner’s application constitutes an “extraordinary circumstance” warranting tolling of the deadline. (Viridiana v. Holder, 1/19/11; withdrawn 7/19/11)
CA9 Reverses Adverse Credibility in Chinese Christian Asylum Claim
The court reversed the adverse credibility finding as improperly based on the IJ’s perception of Petitioner’s ignorance of Christian doctrine, misstatements that did not go to the heart of the claim, and insufficient evidence of evasiveness. (Li v. Holder, 1/19/11)
BIA Remands for IJ to Apply REAL ID Act to Guatemalan Withholding Claim
Unpublished BIA decision remanding, finding it was unclear which standard of law the IJ applied in assessing credibility, and in applying the REAL ID Act, IJ should consider totality of circumstances and respondent’s age at time of persecution. Courtesy of Diana M. Bailey.
ICE Announces the Death of a Mexican National in ICE Custody
ICE press release announcing the death of Juan Palomo-Rodriguez, 30, a Mexican national in ICE Custody. He passed away at Memorial Hermann Texas Medical Center as a result of natural causes. Rodriguez is the fourth detainee to pass away while in ICE custody in FY2011.
CA2 Clarifies Prior Holding on Cancellation of Removal Stop-Time Rule
The court clarified that language in prior case law indicating that the stop-time rule is triggered on the date the alien commits a predicate offense, not upon conviction, is not dicta and precludes Petitioner’s contrary argument. (Baraket v. Holder, 1/18/11)