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
VOICE: December 2010
The December issue of VOICE: An Immigration Dialogue features articles on Padilla, the new naturalization certificate and IJs, Kurzban’s haiku contest—and more! Also, meet the first Face of AILA and learn all about a new member benefit!
Final Report on the New York Immigrant Representation Program
Final report on the New York Immigrant Representation Program pursuant to LOP Task Order 32, Section D, compiled and analyzed by the Vera Institute of Justice.
DOJ OIL November 2010 Litigation Bulletin
DOJ Office of Immigration Litigation (OIL) November 2010 Litigation Bulletin covers a CA9 finding that individuals in removal proceedings have a statutory right to access their A-File, exhaustion of administrative remedies under the INA, updates on pending cases, and more.
Memorandum of Points and Authorities in Support of Habeas Petition
Sample memorandum of points and authorities in support of petition for writ of habeas corpus and request for release from detention. (December 2010) (Complaint, Amendment, Other Briefing)
DOJ Directive on Use and Monitoring of DOJ Computers and Computer Systems
DOJ issued Order 2740.1A, Use and Monitoring of DOJ Computers and Computer Systems. This directive was amended by Policy Memorandum #2018-02 on 9/11/18.
CA7 Remands for CIMT Determination under Silva-Trevino
The court remanded to determine whether failure to register as a sex offender in violation of Wisconsin Statute §301.45(2)(a) is a crime involving moral turpitude under the analysis set forth in Matter of Silva-Trevino. (Mata-Guerrero v. Holder, 11/24/10)
BIA Finds TPS Grant Does Not Terminate Removal Proceedings
The BIA reinstated proceedings, finding that respondent was protected from execution of a removal order during the time her TPS was valid, but she remained removable based on the charge of inadmissibility in the NTA. Matter of Sosa Ventura 25 I&N Dec. 391 (BIA 2010)
CA7 Remands Cancellation Claim for Further Hardship Analysis
The court remanded where the IJ and BIA assumed that the father of Petitioner’s children would remain a source of the children’s support in the event of Petitioner’s deportation, and ignored the possibility of the father’s deportation. (Champion v. Holder, 11/22/10)
SSA POMS List of Documents Establishing Lawful Status
SSA’s RM 10211.530 provides a chart of the documents that establish lawful status for the purpose of obtaining a SSN card.
Government Brief in Opposition Confirms USCIS Discretion to Adjust VWP Overstays
The Solicitor General's Brief in Opposition to Certiorari in Bradley v. Holder confirms that notwithstanding Bradley and similar cases, USCIS has discretion to adjust the status of immediate relative VWP overstays no matter when the I-485 is filed.
AILA Liaison/EOIR Liaison Meeting Q&As (11/18/10)
Official questions and answers from an AILA EOIR Liaison Committee meeting with the EOIR on 11/18/10. Topics include rule-making, the Immigration Judge selection process, motions to reopen, court procedures, detention/bonds, continuances, and the asylum EAD clock.
BIA Finds Colorado Child Endangerment is a Child Abuse Crime
The BIA held that a conviction under the child endangerment clause of Colo. Rev. Stat. 18-6-401(1)(a) is categorically a crime of child abuse under INA §237(a)(2)(E)(i), even though no proof of harm or injury is required. Matter of Soram, 25 I&N Dec. 378 (BIA 2010)
CA7 on Review of Administrative Closure Decisions
The court held that the decision to deny administrative closure is a procedural ruling which the court may review under an abuse of discretion standard to determine whether Petitioner has received a full and fair hearing. (Vahora v. Holder, 11/15/10)
CA4 Says DHS Has Sole Authority over Naturalization Determinations
The BIA’s conclusion that proceedings may only be terminated based on the pendency of a naturalization application where DHS makes an affirmative statement of prima facie eligibility is not inconsistent with 8 CFR §1239.2(f). (Barnes v. Holder, 11/10/10)
District Judge Orders DHS to Permit Return of Family for Removal Hearing
The court directed DHS to allow Plaintiffs, who had been denied readmission on advance parole, to return to the U.S. for a removal hearing and an opportunity to renew their applications for adjustment of status. (Abdur-Rahman v. Napolitano, 11/10/10)
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)
USCIS Response to the CIS Ombudsman's 2010 Annual Report to Congress
A 11/09/10 USCIS memo from Alejandro Mayorkas, Director, responding to the recommendations made in the CIS Ombudsman’s Annual Report to Congress. Topics include employment and family-based immigration, RFEs, removal proceedings, and immigration benefits for the military.
ICE Announces Death of Jamaican National in ICE Custody
ICE press release stating that a Jamaican national in ICE custody passed away at the Rapides Regional Medical Center in Alexandria, LA due to organ failure associated with T-cell lymphoma. He had been in ICE custody since December 2009.
ICE Announces Death of Mexican National in ICE Custody
ICE press release announcing the death of Antonio Gomez-Hernandez, a Mexican national, while in ICE custody. He passed away at Loyola University Medical Center after suffering liver failure. Gomez-Hernandez is the first immigrant to pass away in ICE custody in FY2011.
TRAC Report: ICE Seeks to Deport Wrong People
Transactional Records Access Clearinghouse (TRAC) report finding that the Immigration Courts have rejected an increasing proportion of cases in which ICE sought to remove individuals from the U.S.
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.
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.
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.