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 Upholds Jury Verdict Against Arizona Rancher for Assault and IIED
The court upheld the verdict in favor of 4 immigrants on claims of assault and intentional infliction of emotional distress against an Arizona rancher. The case was presided over by the late Chief Judge (D. Ariz.), John Roll. (Vicente v. Barnett, unpublished, 2/3/11)
CA9 Finds IJ Abused Discretion in Refusing Continuance
Applying Matter of Hashmi, the court remanded the case to the IJ to afford Petitioner the opportunity to apply for adjustment, noting that USCIS delay in adjudicating I-130s is no reason to deny a reasonable continuance request. (Malilia v. Holder, 2/3/11)
CA6 Says “Departure Bar” to Motions to Reopen Is Not a Jurisdictional Rule
The court held that 8 CFR §1003.2(d) is not a jurisdictional rule, and therefore, the BIA may not disclaim jurisdiction to review Petitioner’s motion to reopen, which was filed after he departed the United States under an order of removal. (Pruidze v. Holder, 2/3/11)
BIA Overrules Matter of Shanu Regarding “Date of Admission” for CIMT Removability
The BIA held that a conviction for a CIMT triggers removability under INA §237(a)(2)(A)(i) only if the crime was committed within five years of the date of the admission by virtue of which the alien was then in the U.S. Matter of Alyazji, 25 I&N Dec. 397 (BIA 2011)
CA5 Refuses Stand-Alone §212(h) Waiver for Deportable Person
The court rejected the argument that a §212(h) waiver may stand alone, and found that the BIA properly determined that Petitioner was ineligible for a waiver because he was inside the U.S. and had not also filed for adjustment of status. (Cabral v. Holder, 2/2/11)
Call for Experiences with the Adam Walsh Act
AILA Amicus Committee alert on the Adam Walsh Child Protection and Safety Act and issues that still need clarification from USCIS. Committee also ask members to share their experiences with these cases.
EOIR FY2010 Statistical Year Book
EOIR's FY2010 Statistical Year Book includes a compilation of figures and tables on individuals who have appeared before an immigration judge or the Board of Immigration Appeals.
TRAC Report on Federal Criminal Enforcement
The Transactional Records Access Clearinghouse (TRAC) released a report on federal criminal enforcement and staffing showing a sharp increase in federal immigration prosecutions between FY2007 and FY2010 in districts along the Southwest border and those away from the border.
CA2 Asks BIA to Clarify “Aggravating Circumstances” Standard in Forced IUD Case
The court vacated Matter of M-F-W-, and remanded to the BIA to articulate the standard it applied in determining that aggravating circumstances did not exist to raise Petitioner’s forced IUD insertion to the level of persecution. (Wong v. Holder, 2/1/11)
CA9 Finds No Nexus to Political Opinion in Indian Asylum Claim
The court found that the harm Petitioner suffered at the hands of the Indian police was motivated by the desire to stop publication of Petitioner’s father’s book, rather than to persecute Petitioner for his political opinion. (Sharma v. Holder, 2/1/11)
CA3 on Prosecution vs. Persecution
The court denied the petition for review, finding insufficient evidence that the prosecution of Petitioner by the Chinese government for assisting illegal immigrants from North Korea would be based on his political opinion. (Li v. Att’y Gen. of the U.S., 2/1/11)
Immigration Law Advisor, January 2011 (Vol. 5, No. 1)
Immigration Law Advisor, a legal publication from EOIR, with an article on the venue for immigration appeals in the U.S. circuit courts and why the venue matters, circuit court decisions for December 2010 and calendar year 2010 totals, and article on “parole,” and a regulatory update.
DOJ OIL January 2011 Litigation Bulletin
DOJ Office of Immigration Litigation January 2011 Litigation Bulletin covers citizenship laws around the world, the launch of the Human Trafficking Enhanced Enforcement Initiative, the constitutional right to a hearing for a VWP entrant, updates, summaries, and more.
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)
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)
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)
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)
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)