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
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)
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
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
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)
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.
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)
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."
House Judiciary Hearing on Immigration and American Minorities
Testimony from the 3/1/11 House Judiciary Subcommittee on Immigration Policy and Enforcement hearing titled “Making Immigration Work for American Minorities.”
MPI Report on Executive Action to Make the Immigration System Work Better
A March 2011 Migration Policy Institute (MPI) report suggesting six ways executive action could be used to improve the performance of the U.S. immigration system, by building on policies of principal executive branch immigration agencies, without requiring new legislation.
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.
Immigration Law Advisor, February 2011 (Vol. 5, No. 2)
Immigration Law Advisor, a legal publication from EOIR, with an article on crimes of violence under 18 USC 16(b), circuit court decisions for January 2011, and recent BIA precedent decisions.
ICE Memo on Alternatives to Detention Program Participant Enrollment Guidance
Memo from Executive Associate Director Gary Mead on alternatives to detention program participant enrollment guidance for all existing and potential ADT participants.
CRS Report: U.S. Immigration Policy on Temporary Admissions
A 2/28/11 Congressional Research Service (CRS) report about U.S. immigration policy on temporary admissions covers policy tensions, nonimmigrant categories, periods of admission, work authorization, grounds for removal, visa and admission trends, and more.
ICE Announces Death of Chinese National in ICE Custody
ICE press release announcing the death of Qi Gen Guo, a Chinese national in ICE custody, who passed away at the Lock Haven Hospital in Lock Haven, PA, as the result of an apparent suicide. Qi Gen Guo is the sixth detainee to pass away in ICE custody in FY2011.