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 Finds Nevada Assault with a Deadly Weapon is a Crime of Violence
The court held that a conviction for assault with a deadly weapon under Nevada Revised Statutes §200.471 is categorically an aggravated felony crime of violence. (Camacho-Cruz v. Holder, 9/2/10)
CA9 Finds No Jurisdiction to Review IJ’s Decision to Terminate (Amended 5/9/11)
The court distinguished Lolong v. Gonzales and found that it lacked jurisdiction over the petition for review because the IJ’s decision to terminate proceedings resulted in no final order of removal. (Galindo-Romero v. Holder, 9/2/10)
EOIR Completes Digital Audio Recording Implementation
EOIR announcement that it has completed the installation of its Digital Audio Recording (DAR) system in all of its courtrooms. At the conclusion of a hearing, DAR allows for recordings to be available sooner.
TRAC Report: Asylum Denial Rate Drops to Twenty-Five Year Low
TRAC report finding that DOJ data shows Immigration Judges asylum denial rates have reached the lowest level in the last 25 years. The webpage includes links to the full report and 253 separate reports covering individual Immigration Judges updated through June 2010.
Immigration Law Advisor, July-August 2010 (Vol. 4, No. 7)
Immigration Law Advisor, a EOIR legal publication, with an article on Padilla v. Kentucky, federal court activity for June and July 2010, an article on accessing the jurisdiction provisions of the REAL ID act, recent BIA precedent decisions, and a regulatory update.
DOJ OIL August 2010 Litigation Bulletin
DOJ Office of Immigration Litigation August 2010 Bulletin covers terrorist exemptions under the INA, whether women in China who have been subjected to forced marriage and involuntary servitude can constitute a particular social group for purposes of asylum, and more.
CA9 Finds Jurisdiction to Review the BIA’s Denial of a Motion to Reopen
The court reaffirmed Fernandez v. Gonzalez, finding jurisdiction to review the BIA’s decision on a motion to reopen that presents evidence so distinct from that considered previously as to make the motion a request for new relief. (Garcia v. Holder, 9/1/10)
DOS Manual: Consular Notification and Access (Updated 9/14/10)
DOS guidance relating to the consular notification obligations of federal, state, and local officials when a foreign national is arrested and detained, requires a guardian, dies or is seriously injured, or is involved in a ship wreck or plane crash on U.S. territory.
Resources on Matter of Legaspi
Resources on the Matter of Legaspi, where the BIA held that an alien is not independently grandfathered for 245(i) adjustment simply by virtue of marriage to another alien who is grandfathered as a derivative beneficiary of a visa petition. Includes AILA amicus brief and government brief.
BIA Finds Spouse of Grandfathered 245(i) Derivative Is Not Independently Grandfathered
The BIA held that an alien is not independently grandfathered for 245(i) adjustment simply by virtue of marriage to another alien who is grandfathered as a derivative beneficiary of a visa petition. Matter of Legaspi, 25 I&N Dec. 328 (BIA 2010)
CA7 Remands for Consideration of Psychological Persecution of Parents in FGM Case
The court directed the BIA to address Petitioner’s claim that FGM of her U.S. citizen daughter would constitute direct psychological persecution of the parents. (Kone v. Holder, 8/31/10)
CBP Information on Forms I-192 and I-824
CBP webpage offering information on Form I-192, Application for Advance Permission to Enter as a Non-Immigrant and Form I-824, Application for Action on an Approved Application or Petition.
CA6 Vacates and Remands Chinese Gender-Based Asylum Claim
The court remanded, holding that BIA failed to make an explicit finding on whether petitioner was a member of a particular social group, but appeared to base asylum denial on the fact that she was not targeted in part on account of her gender. (Qu v. Holder, 8/27/10)
Crying Wolf
On August 20 John Morton, head of ICE, issued a memorandum to the agency about how to handle deportation cases involving foreign nationals who are also legally eligible to apply for green cards. The policy has the anti-immigrant restrictionists and their friends on Capitol Hill in a tizzy and howli
USCIS Memo on Uniform Denial Language Pertaining to Appeals to the BIA
USCIS 8/26/10 memorandum providing guidance to USCIS officers on uniform denial language pertaining to appeals to the Board of Immigration Appeals (BIA).
USCIS Issues 30-Day Comment Request on Extension of Form I-243 Validity (Updated 09/01/10)
USCIS 30-day comment period on extension of validity of Form I-243, Application for Removal. Comments are due 9/27/10. (75 FR 52541, 8/26/10) (75 FR 32799, 06/09/10)
CA8 Finds Reinstatement of Removal Not Impermissibly Retroactive
Over dissent, the court found no retroactive effect in the application of reinstatement of removal under INA §241(a)(5) as applied to Petitioner, who had an asylum application pending when the 1996 reinstatement provision was enacted. (Jerez v. Holder, 8/25/10)
Report on Sexual Abuse and Harassment in U.S. Immigration Detention
Human Rights Watch report, Detained and at Risk, describes documented incidents and allegations of sexual abuse and harassment in U.S. immigration detention. The report also discusses recent ICE proposals to address the issue.
BIA on IJ Authority to Determine Frivolity of Asylum Applications
The BIA held that a determination that an alien has filed a frivolous asylum application can be made in the absence of a final decision on the merits of the application or in circumstances where the asylum application has been withdrawn. Matter of X-M-C-, 25 I&N Dec. 322 (BIA 2010)
CA9 Finds Distribution of a “Listed Chemical” is an Aggravated Felony
The court held that a conviction for distributing ephedrine and pseudoephedrine with reasonable cause to believe they would be used to manufacture methamphetamine under 21 USC §841(c)(2) is an aggravated felony drug trafficking crime. (Daas v. Holder, 8/24/10)
CA3 Finds No Jurisdiction to Grant Stay of Voluntary Departure
The court held that under 8 CFR §1240.26(i), it cannot stay a grant of voluntary departure after a petitioner seeks judicial review because the grant has already terminated. (Patel v. U.S. Att’y Gen., 8/24/10)
EOIR to Relocate Philadelphia Immigration Court
EOIR announcement on the closing of the Philadelphia Immigration Court on 8/27/10, to prepare for relocation to the Robert C. Nix Federal Building in Philadelphia, PA. The Court will recommence hearings at the new location on 9/1/10.
BIA Modifies Matter of Rocha Decision on Controlled Substance Traffickers
The BIA held that an alien is removable, where an appropriate immigration official knows or has reason to believe alien is a controlled substance trafficker at time of admission. Matter of Rocha, modified. Matter of Casillas-Topete, 25 I&N Dec. 317 (BIA 2010)
CA9 on Personal Use Exception to Controlled Substance Deportability Ground
The court held that INA §237(a)(2)(B)(i) which exempts from removal those convicted of a single offense involving possession of 30 grams or less of marijuana for one’s own use does not apply to persons with more than one drug conviction. (Rodriguez v. Holder, 8/23/10)
CA9 on Exhaustion of Administrative Remedies in Pre-Compean Case
The court found that the application of Compean did not have retroactive effect and that Petitioner failed to exhaust his administrative remedies by not filing a motion to reopen with the BIA before filing a habeas petition. (Singh v. Napolitano, 8/23/10)