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
OIG Report on Identification of Removable Criminals
DHS OIG report on whether ICE is identifying all criminals in federal and state custody that are eligible for removal. The report finds that ICE identified 99% of the removable criminals in federal custody in FY2009, but the rates were lower among the states reviewed.
CA6 Upholds IJ Denial of Social Group Claim from Guinea
The court held that the immigration judge reasonably determined that “women subjected to rape as a method of government control” is not a particular social group because of its general, far-reaching, and circular nature. (Kante v. Holder, 1/7/11)
AILA/USCIS Field Operations Liaison Meeting Q&As (1/7/11)
Official minutes of the January 7, 2011, AILA meeting with USCIS Field Operations Directorate. Topics include G-28 issues, waivers, InfoPass, name changes during naturalization, AOS filing fees during proceedings, termination of proceedings, and more.
CA7 Discusses Temporal Limitation of 1988 ADAA Aggravated Felony Provision
The court discussed the circuit split on whether the Anti-Drug Abuse Act, which made an aggravated felony conviction a deportable offense, can be applied to pre-ADAA convictions, but denied the petition for failure to exhaust. (Alvarado-Fonseca v. Holder, 1/6/11)
CA9 Dissent Says Attorneys Have a Duty to Investigate All Grounds for Asylum
The court denied rehearing and rehearing en banc where the attorneys failed to inquire into and raise FGM as a basis for asylum from Eritrea. Judge Pregerson dissented, citing the adverse effect the decision will have on asylum seekers. (Teclezghi v. Holder, 1/4/11)
CA9 Finds IJ Erred in Requiring Corroboration of Inconclusive Conviction Record
REAL ID did not overrule Sandoval-Lua which held that the alien’s burden of proving cancellation eligibility is met where the conviction record is inconclusive as to whether the crime is an aggravated felony. (Rosas-Castaneda v. Holder, 1/4/11; amended 9/12/11)
CA11 on Definition of “Conviction” Under INA §101(a)(48)
Adopting the approach of the Second, Third, and Fifth Circuits, the court held that a guilty plea and a finding of guilt, with a sentence of time served, qualifies as a “conviction” under INA §101(a)(48). (Rodriguez v. USCIS, 1/4/11)
Is Your Client in Lawful Status, Just a Status, or In Unlawful Status? Context Counts.
AILA Amicus Committee alert on the definition of “status” and a review of several federal court cases that addressed provisions of the INA that raise the issue of when a person is in “status” in the U.S.
CA9 Remands Wife’s Asylum Claim, Upholds Adverse Credibility for Husband
In a case involving separate claims of a couple from Egypt, the court upheld the IJ’s adverse credibility determination as to the husband, but remanded the wife’s claim where the BIA failed to address the IJ’s findings as to her testimony. (Rizk v. Holder, 1/3/11)
Welcome to VOICE 2.0: January/February 2011
AILA’s VOICE: An Immigration Dialogue kicks off 2011 with a new, dynamic platform. The January/February 2011 issue features articles on strict DMV policies, finding a job, the DREAM debate, keeping resolutions—and much more!
DOJ OIL December 2010 Litigation Bulletin
DOJ Office of Immigration Litigation December 2010 Litigation Bulletin covers Samirah v. Holder, jurisdiction over administrative closure, nine new immigration judges appointed, summaries of court decisions, and more.
Immigration Law Advisor, November-December 2010 (Vol. 4, No. 10)
Immigration Law Advisor, a legal publication from EOIR, with an article on the top twenty Federal appellate decisions on immigration, circuit court decisions for October and November 2010, recent BIA precedent decisions, and a regulatory update.
MPI Report on 287(g) State and Local Immigration Enforcement
A January 2011 Migration Policy Institute report that assesses the implementation, outcomes, costs, and community impacts of the 287(g) program, which enables state and local officers to directly enforce federal immigration law and is now operating in 72 jurisdictions.
IACHR Report on Immigration in the United States: Detention and Due Process
A 12/30/10 Inter-American Commission on Human Rights (IACHR) report on whether policies and practices in the U.S. with respect to immigrant-related detention and due process are compatible with the country’s international obligations in the area of human rights.
CA9 on District Court Review of Adjustment Denial
The court held that the district court lacks jurisdiction to review an alien’s challenge to the government’s denial of an application for adjustment of status while removal proceedings are simultaneously pending. (Cabaccang v. USCIS, 12/29/10)
CA11 Says No Judicial Review of Adjustment While Proceedings Are Pending
The court held that the district court lacked jurisdiction under the Administrative Procedure Act to review the denial of Petitioner’s adjustment of status application, where Petitioner is currently in removal proceedings. (Ibarra v. Swacina, 12/28/10)
ICE Announces Death of Panamanian National in ICE Custody
ICE press release announcing that a Panamanian national in ICE custody passed away at the Krome Service Processing Center in Miami after complaining of chest pains. He was in ICE custody since 12/3/10, and the third immigrant to pass away in ICE custody in fiscal year 2011.
CA8 on “Egregious” Fourth Amendment Violations under Lopez-Mendoza
The court refused to suppress evidence of Petitioner’s alienage, finding no egregious 4th Amendment violation where no allegations of misconduct were asserted beyond a claim of a lack of probable cause at the time of his arrest. (Puc-Ruiz v. Holder, 12/23/10)
AILA Files Second Amicus Brief in Ninth Circuit Case, Nunez-Reyes v. Holder
A second AILA amicus brief filed jointly with the National Immigration Project following the oral argument in Nunez-Reyes v. Holder, an en banc Ninth Circuit case involving the government's challenge to Lujan-Armendariz v. INS.
Practice Alert: Handling Family-Based Retrogression Cases before EOIR
AILA Liaison offers strategies for filing and handling adjustment of status cases in removal proceedings in light of the significant retrogression of priority dates in the family-based categories as published in the January 2011 Visa Bulletin.
ICE Announces the Arrest of 95 Individuals throughout Florida
ICE press release announcing the arrest of 93 foreign nationals with criminal records and two others during a five-day enforcement operation in Florida. All 95 are in ICE custody on administrative immigration violations and pending removal.
CA5 Remands CAT Claim for Reconsideration under “Willful Blindness” Standard
The court found that the BIA applied an incorrect legal standard in its consideration of Petitioner’s CAT claim and remanded for reconsideration under the “actual knowledge” or “willful blindness” standard. (Hakim v. Holder, 12/13/10)
AILA/ICE Liaison Meeting Minutes (10/5/10)
Minutes from the AILA/ICE Liaison Committee meeting on 10/5/10, address: prosecutorial discretion, Enforcement and Removal Operations (ERO), mandatory detention, contract facilities, detainee transfers, and bond.
ICE Secure Communities Statistics for November 2010
ICE Secure Communities Monthly IDENT/IAFIS Interoperability statistics through 11/30/10 released on the ICE FOIA electronic reading room.
ICE Resuming Removal of Certain Haitians
In a 12/8/10, teleconference with the Haitian advocacy community in South Florida, DHS and DOS announced that ICE is resuming removals of Haitians who have been convicted of serious crimes and against whom final orders have been entered.