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 Comment Request on IDENT/IAFIS Interoperability State and Local Agency Assessment
ICE notice of a 60-day comment period on the revision of the Secure Communities IDENT/IAFIS Interoperability State and Local Agency Assessment, Forms 70-003, 70-004, 75-001, and 75-002. Comments are due 5/31/11. (76 FR 17936, 3/31/11)
CA9 on Casas-Castrillon Bond Hearings
The court held that the district court has habeas jurisdiction to review a bond determination for an alien facing prolonged detention while a petition for review is pending, and that the government must prove that detention is justified. (Singh v. Holder, 3/31/11)
CA9 Says WA Third Degree Child Molestation Is a Crime of Child Abuse
The court held that a felony conviction for third-degree child molestation in violation of Wash. Rev. Code 9A.44.089 constitutes a crime of child abuse within the meaning of INA §237(a)(2)(E)(i). (Jimenez-Juarez v. Holder, 3/31/11)
CA9 Refuses to Impute Physical Presence of Mother to Child
The court upheld the BIA’s determination that the physical presence of Petitioner’s mother could not be imputed to her for purposes of qualifying for cancellation of removal under INA §240A(b)(1). (Saucedo-Arevalo v. Holder, 3/29/11)
IJ Says Aged-Out K-2 May Proceed with Adjustment of Status
The IJ found that the respondent, who entered the U.S. on a K-2 visa and turned 21 before filing for adjustment of status based on her mother’s marriage to the petitioning U.S. citizen, is nonetheless eligible for adjustment. Courtesy of Jeremy McKinney.
OIG Report on the Management of Mental Health Cases in Immigration Detention
DHS OIG report finding that ICE has limited oversight for mental health cases across immigration detention centers, and is not fully aware of all detainees with mental health conditions. The report includes 20 recommendations to improve the management of mental health cases.
CA6 Finds Michigan Possession with Intent to Deliver Is an Aggravated Felony
The court rejected the argument that a violation of Mich. Comp. Laws §333.7401(2)(d)(iii) was comparable to the misdemeanor federal provision, 21 USC §841(b)(4), because the amount of marijuana is not an element of the federal felony. (Garcia v. Holder, 3/28/11)
ICE Announces New Office in Northern Michigan
ICE press release announcing that it opened a new permanent facility in downtown Sault Ste. Marie, MI, on 3/25/11, which will house both Enforcement Removal Operations as well as Homeland Security Investigations.
CA7 on “Persecution by Proxy” in Chinese Christian Case
The court found that Petitioner failed to establish that he had suffered past persecution, where his claim was primarily based on the arrest of his parents in 1982, and that he did not establish an individualized risk of future persecution. (Ni v. Holder, 3/25/11)
CA9 Attributes Lie of One Spouse to the Other in Assessing Credibility
The court held that a deception unrelated to escaping immediate danger or gaining entry into the United States can form the basis for an adverse credibility determination, even if it turns out to be irrelevant to the claim. (Singh v. Holder, 3/25/11)
CA3 Remands for Analysis of Evidence of Forced Abortion
The court held that the IJ/BIA erred in focusing solely on the date of Petitioner’s abortion set forth in her husband’s asylum claim, while failing to consider corroborating evidence of the date presented in her own claim. (Dong v. Att’y Gen. of the U.S., 3/25/11)
GAO Report on Convicted and Incarcerated Undocumented Immigrants
GAO report on statistics associated with incarcerated undocumented immigrants, including the number and nationalities of incarcerated undocumented immigrants, the types of offenses for which they were arrested and convicted, and the costs associated with their incarceration.
CA1 Remands 18-Year Old Asylum Claim of Peruvian Military Officer
The court rejected the argument that the Shining Path was motivated by revenge, and remanded for a determination whether “Peruvian military officers whose names are associated with [the massacre at] Accomarca” is a social group. (Castaneda-Castillo v. Holder, 3/24/11)
CA5 on Jurisdiction Where BIA Sua Sponte Reconsiders Underlying Order
The court found that it retains jurisdiction over a petition for review despite the BIA’s sua sponte reconsideration and revision of the order under review, where the BIA did not materially change or vacate the order. (Espinal v. Holder, 3/24/11)
ICE Announces Death of a Bosnian National in ICE Custody
ICE press release announcing that Amra Miletic, a Bosnian national, passed away as the result of a heart attack. Miletic was a U.S. permanent resident in removal proceedings due to her criminal history. She is the seventh detainee to pass away in ICE custody in FY2011.
CA9 Remands to BIA for Consideration of Gabryelsky Relief
The court held that former INA §212(c) applies in deportation proceedings that commenced before the April 1, 1997 effective date of IIRIRA, even if the proceedings include deportation charges based on post-IIRIRA offenses. (Pascua v. Holder, 3/23/11)
CA9 Finds Jurisdiction to Review Final Removal Order under VWP
The court found jurisdiction to review the final order issued by DHS against a visa waiver entrant, but concluded that Petitioner failed to show that the allegedly unknowing waiver of his right to a removal hearing resulted in prejudice. (Bingham v. Holder, 3/23/11)
O Holder, Where Art Thou?
AILA Amicus Committee alert on the impact of Matter of Silva-Trevino on Matter of Guevara Alfaro and the analysis of criminal convictions for immigration consequences.
ICE Temporarily Suspends Removal of Japanese Nationals
AILA has learned that in light of the devastation resulting from the March 11, 2011 earthquake and tsunami, ICE has temporarily suspended the removal of Japanese nationals from the United States.
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)