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 on Right to A-File Documents in Removal Proceedings
The court found that INA §240(c)(2) which provides that the alien “shall have access” to non-confidential A-file documents compelled the government to provide such documents to Petitioner without requiring him to file a FOIA request. (Dent v. Holder, 11/9/10)
ICE Secure Communities Statistics for October 2010
ICE Secure Communities Monthly IDENT/IAFIS Interoperability statistics through 10/31/10 released on the ICE FOIA electronic reading room.
CA6 Finds Jurisdiction over Late-Filed Petition for Review
The court found jurisdiction over a petition filed more than 30 days after the reinstatement order was entered, where the government withheld the order for seven months and Petitioner filed 16 days after obtaining it. (Villegas de la Paz v. Holder, 11/8/10)
CA6 Opines on “Mere Tardiness” as a Failure to Appear
The court dismissed Petitioner’s claim as administratively unexhausted, but implored its colleagues that when a similar case is next presented, to hold that slight tardiness to one’s hearing does not qualify as a failure to appear. (Camaj v. Holder, 11/8/10)
EOIR Swears in 23 New Immigration Judges (Updated 11/9/10)
EOIR press release on and biographies of 23 new immigration judges for courts in California, Colorado, Florida, Georgia, Hawaii, Illinois, Louisiana, North Carolina, New Jersey, New York, Oregon and Texas.
AILA Files Amicus Brief in Ninth Circuit Case, Nunez-Reyes v. Holder
AILA filed a joint brief with the National Immigration Project in the en banc case of Nunez-Reyes v. Holder. AILA argues that state rehabilitative relief for simple drug possessions will prevent a "conviction" for immigration purposes.
AILA Liaison/NBC Meeting Minutes (11/5/10)
The 11/5/10 meeting minutes address NBC’s latest updates including information on refund of I-290B filing fees for Service error, EAD filings and validity dates, I-485 information, recent changes to NBC processing of I-600/I-600A, and more.
ICE Comment Request on Proposed Bond Worksheet (Updated 11/5/10)
ICE 30-day comment request on the proposed ICE Form 71-022, Bond Worksheet, which is a precursor for preparing Form I-352. Comments are due 12/06/10. Related Resources include proposed worksheet. (75 FR 68371, 11/05/10) (75 FR 48984, 8/12/10)
CA9 Finds California Misdemeanor False Imprisonment Is Not a CIMT
The court held that misdemeanor false imprisonment in violation of Cal. Penal Code §236 is not categorically a crime involving moral turpitude. (Saavedra-Figueroa v. Holder, 11/5/10)
CA10 Clarifies “Sua Sponte Exhaustion” Rule under Sidabutar
In order for Petitioner to pursue an argument never presented to the BIA, the BIA must (1) identify a claim not presented by the petitioner; (2) exercise its discretion to entertain it; and (3) decide the matter in a full opinion. (Garcia-Carbajal v. Holder, 11/5/10)
Notice of Proposed Settlement and Hearing on Special Immigrant Juveniles
District court notice of a proposed settlement and hearing in a class action for Special Immigrant Juvenile (SIJ) applicants. The hearing is scheduled for 12/13/10 in the U.S. District Court for the Central District of California. (Perez-Olano v. Holder)
Privacy Impact Assessment on the ICE Electronic Surveillance System
DHS Privacy Impact Assessment (PIA) on the ICE Electronic Surveillance System (ELSUR) used to track and search for ICE applications for court orders that authorize ICE to intercept oral, wire, or electronic communications during the course of a criminal investigation.
CA3 Finds INA §236 Conditional Parolees Are Not “Paroled” for Purposes of Adjustment
The court held that an alien released on conditional parole under INA §236 is not “paroled into the United States” for purposes of eligibility for adjustment of status under INA §245. (Delgado-Sobalvarro v. Att’y Gen. of the U.S., 11/2/10)
Immigration Law Advisor, October 2010 (Vol. 4, No. 9)
Immigration Law Advisor, a legal publication from EOIR, with an article on the Third Circuit’s treatment of de novo review, sexual abuse, and res judicata, circuit court decisions for September 2010, recent BIA precedent decisions, and a regulatory update.
DOJ OIL October 2010 Litigation Bulletin
DOJ Office of Immigration Litigation October 2010 Bulletin includes an article on circuit court approaches to the demonstration of prejudice when an agency violates regulations, an asylum case on resistance to China’s coercive population control policies, and more.
ICE 287(g) Program Master Statistics List
ICE statistics on the 287(g) program including individuals identified for removal between 2006 and October 2011. ICE released the statistics on the online FOIA Reading Room.
BIA Remands for Consideration of Special Rule Cancellation Claim
In an unpublished decision, the BIA remanded for the IJ to consider respondent’s eligibility for special rule cancellation of removal under INA §240A(b)(2), where respondent testified that his U.S. citizen spouse was on probation for child abuse. Courtesy of Geoff Hoffman.
CA9 on False Claims to U.S. Citizenship and Continuous Physical Presence
The court found Petitioner ineligible for AOS for presenting a U.S. birth certificate in attempting to enter, and ineligible for cancellation because physical presence was interrupted when he withdrew his application for admission. (Valadez-Munoz v. Holder, 10/28/10)
CA9 Finds California Robbery Is a Crime Involving Moral Turpitude
The court found reasonable the BIA’s determination that robbery under Cal. Penal Code §211 is a crime involving moral turpitude for purposes of INA §212(a)(2)(A)(i)(I). (Mendoza v. Holder, 10/27/10)
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.
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.