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 Orders CAT Relief, Finding BIA Erred in Conception of CAT Protection
The court ordered CAT relief, finding that BIA erred in its denial on the basis that petitioner could avoid torture by ceasing to exercise her political rights and remanded for consideration of her FGM claim as a separate basis for relief. (Edu v. Holder, 10/26/10)
CA3 Finds NY Drug Convictions Do Not Qualify as Aggravated Felonies
The court held that the petitioner’s open guilty plea to misdemeanor convictions under NY Penal Law §221.40 did not establish that he was convicted of drug trafficking crimes that qualified as an aggravated felonies. (Thomas v. U.S. Att’y Gen., 10/26/10)
CA7 Dismisses Petition of “Operation Durango” Participant
The court held that it lacked jurisdiction to review the denial of voluntary departure for a petitioner who received passport stamps from an undercover agent as part of a sting operation to target corrupt immigration officials. (Pawlowska v. Holder, 10/22/10)
CBP Announces Changes to I-192 Criminal Waiver Processing for Michigan
CBP press release announcing that effective 11/1/10, persons filing an I-192 waiver application for entry at a Michigan port of entry must submit their application packet in person at the nearest land port of entry instead of through Sault Ste. Marie as previously required.
AILA Files Amicus Brief in 245(i) Case, Matter of Legaspi
AILA amicus brief arguing that after-acquired spouses and children, though not independently grandfathered, can adjust under §245(i) if accompanying or following to join a grandfathered alien. Thanks to Russell Abrutyn, Jackson Chaney, Leslie Holman, Cyrus Mehta, Olsi Vrapi.
EOIR to Launch Redesigned Website
EOIR press release on the launch of its redesigned website on 10/20/10. Features include an Action Center with tools to find an immigration court and a free legal service provider.
CA5 on BIA Jurisdiction over Appeal of Departed Alien
8 CFR §1003.4, which states that an appeal is withdrawn if the alien departs "subsequent to the taking of an appeal, but prior to a decision,” does not cover departures after a BIA decision, but while a habeas is pending. (Rodriguez-Barajas v. Holder, 10/19/10)
CA5 Affirms Denial Based on Crime of Domestic Violence
The court held that the government has the burden to prove the domestic relationship for a crime of domestic violence by clear and convincing evidence, using the kind of evidence generally admissible before an immigration judge. (Bianco v. Holder, 10/19/10)
AILA Comments on ICE Draft Detainer Policy
On 10/1/10, AILA and other NGOs submitted comments in response to the draft ICE detainer policy guidelines.
ICE Announces Brazilian Couple Sentenced in $55 Million Visa Fraud Scheme
ICE press release on a Brazilian couple who were sentenced to 18 to 24 months in federal prison and a $55 million money judgment, for their involvement in a visa fraud scheme, as well as being subject to removal after they serve their sentences.
BIA Finds Conviction for Bribery of Public Official Not Aggravated Felony
The BIA held that the crime of bribery of a public official in violation of 18 U.S.C. § 201(b)(1)(A) is not an offense “relating to” commercial bribery and is therefore not an aggravated felony under INA §101(a)(43)(R). Matter of Gruenangerl, 25 I&N Dec. 351 (BIA 2010)
IT Staffing Firm Pleads Guilty to Mail Fraud in Connection with H-1B Filings
The district court accepted a plea agreement whereby the defendant, an IT staffing firm that filed H-1B petitions through an Iowa shell subsidiary, agreed to accept a guilty plea for one count of mail fraud under 18 USC §1341. (U.S. v. Vision Systems Group, 10/14/10)
BIA Finds DHS Counsel Conduct “Unbecoming”
Unpublished BIA decision, where the BIA sustained a grant of asylum, dismissed the DHS appeal, and criticized the conduct of the DHS attorney towards the Immigration Judge. Courtesy of Perry & Associates, PC.
AAO Finds VSC Director Erred in Denying I-360 Petition for Battered Child
The AAO approved the I-360 filed by a battered child over 21, finding that the VSC Director incorrectly concluded that the petitioner must establish a parent-child relationship with the abusive parent on the date the petition was filed. Courtesy of Philip Smith.
CA3 Finds PA Drug Conviction Qualifies as Aggravated Felony
The court affirmed the BIA’s decision that the petitioner’s PA conviction for possession with intent to distribute 120.5 grams of marijuana was an “aggravated felony,” and did not fall within the exception under 21 USC §841(b)(4). (Catwell v. Holder, 10/13/10)
CA1 Affirms Denial in Marriage Fraud Case
The court upheld the BIA’s and IJ’s conclusions that the petitioner engaged in marriage fraud and found that it lacked jurisdiction to review the denial of voluntary departure. (Pena-Beltre v. Holder, 10/13/10)
AILA/USCIS Committee Notes on 10/12/10 Meeting
AILA/USCIS Liaison Committee offers committee comments for the meeting with USCIS on October 12, 2010. The comments provided are from the AILA/USCIS committee and are not responses of USCIS.
AILA Liaison/USCIS Meeting Q&As (10/12/10)
Questions and answers from the 10/12/10 meeting between USCIS HQ and AILA liaison. USCIS responses address the RFE Task Force, NTA Task Force, AAO, lockbox, L-1B adjudications, AC21 H-1B extensions for spouses, transfer of files between service centers and more.
ICE 30-Day Comment Request on Form I-246 Extension (Updated 10/12/10)
ICE notice of a 30-day comment period on the extension of the validity of the Application for Stay of Deportation or Removal (Form I-246). Comments are due 11/12/10 (75 FR 62560, 10/12/10) (75 FR 41214, 07/15/10)
AILA Files Amicus Brief in Ninth Circuit Case, Delgado v. Holder
AILA amicus brief arguing that when the BIA engages in a plain language statutory analysis, fills no statutory gaps, or does not particularize ambiguous statutory terms, its decision is not eligible for Chevron deference.
District Judge Orders Friendly House SB-1070 Case to Proceed
District Court order granting in part and denying in part Defendants’ motions to dismiss. (Friendly House v. Whiting, 10/8/10)
ICE Reveals Record Immigration Enforcement Numbers for FY10
ICE announcement that during FY10 DHS and ICE have removed more individuals than in any other period in history. A major factor in the increased removals, is the increased use of Secure Communities, which now has more than 660 state and local partners nationwide.
Touting the Record
by Victor Nieblas Pradis, AILA Secretary Yesterday, the secretary of homeland security, Janet Napolitano and the director of ICE, John Morton proudly announced they had broken a record—in fiscal year 2010, the Obama Administration deported 392,000 immigrants. That's good news for those who claim Ob
USCIS Provides Executive Summary from Field Operations Stakeholder Meeting (10/6/10)
USCIS provided the executive summary from the 10/6/10 field operations stakeholder engagement. USCIS provided updates and answers to stakeholder questions. Present during the meeting were headquarters, regional, and district leadership from the FOD.
CA3 Remands Chinese Population Control Asylum Claim
The court held that the evidence compeled the conclusion that the petitioner was persecuted on account of her resistance to China’s coercive population control policies and remanded to the BIA. (Cheng v. U.S. Att’y Gen., 10/6/10)