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
BIA Finds “One Central Reason” Standard Applies to Withholding of Removal
The BIA held that the “one central reason” standard that applies to asylum applications pursuant to INA §208(b)(1)(B)(i) also applies to applications for withholding of removal under §241(b)(3)(A). Matter of C-T-L, 25 I&N Dec. 341 (BIA 2010)
CA3 on Res Judicata and 212(c) Waiver Application
The court held that res judicata did not bar the government from lodging new removability charges based on convictions it had not previously raised and that petitioner’s 212(c) waiver did not apply to the instant removal order. (Duhaney v. U.S. Att’y Gen., 9/14/10)
CA8 Remands Congolese Case for Clear Probability of Persecution
The court directed the BIA to consider whether Petitioner’s current activities would cause him to be singled out for persecution, and whether a pattern and practice of persecution exists as to actual and imputed political dissidents. (Malonga v. Holder, 9/14/10)
BIA Applies Notice Requirement for In Absentia Orders to CA11 Cases
The BIA remanded, finding that the holding in Matter of G-Y-R-, as to the notice required to authorize the entry of an in absentia order, is applicable to cases arising in CA11. Matter of Anyelo, 25 I&N Dec. 337 (BIA 2010)
BIA Finds Single Petty Offense Conviction Does Not Trigger Stop-Time Rule
The BIA held that a conviction for a single crime involving moral turpitude that qualifies as a petty offense is not an “offense referred to in section 212(a)(2)” of the INA for purposes of triggering the stop-time rule. Matter of Garcia, 25 I&N Dec. 332 (BIA 2010)
DOS Releases New Edition of “The Consular Notification and Access Manual”
DOS announcement that the third edition of “The Consular Notification and Access Manual” has been published and is available free of charge.
OIL Monograph: Immigration Consequences of Crimes
Office of Immigration Litigation reference guide created in response to the Supreme Court decision Padilla v. Kentucky, which requires defense counsel to effectively advise their clients on the immigration consequences of a guilty plea in a criminal case.
OIG Report on CBP Treatment of Unaccompanied Minors
DHS Office of Inspector General (OIG) September 2010 report on compliance by Customs and Border Protection (CBP) with the Flores v. Reno Settlement Agreement in the treatment of unaccompanied minors in its custody.
EOIR Fact Sheet: Observing Immigration Court Hearings
EOIR 09/09/10 fact sheet on observing immigration court hearings. Topics include when hearings may be closed to the public, instructions to follow before going to observe a hearing, and related links.
EOIR at a Glance Fact Sheet
EOIR 09/09/10 fact sheet that provides an agency overview for general informational purposes only. Topics include removal proceedings, other hearings and reviews, IJ decisions, appeals, and related links.
ICE Arrests Two Individuals For Impersonating CBP Officers
ICE announces the arrest of two individuals for impersonating U.S. Customs and Border Protection officers as part of an “advance fee” scheme. The defendants admitted to posing as CBP agents and officers in a conspiracy which contacted victims through the internet.
CA3 on BIA Standards of Review in Asylum Cases
The court held that the BIA's prior interpretation of §1003.1(d)(3) cannot stand and that an IJ’s forecasting of future events constitutes fact-finding that the BIA must review under the clearly erroneous standard. (Huang v. U.S. Att’y Gen., 9/8/10)
CA9 Reverses Course on “Exceptional Circumstances” (Updated 4/7/11)
On rehearing, the court found that its original opinion interpreted the “exceptional circumstances” safe harbor for aliens removed in absentia too broadly and dismissed the petition for review. Original opinion follows. (Vukmirovic v. Holder, 4/6/11)
ICE Repatriates 96 Foreign Nationals to Asia
ICE announces the repatriation of 96 foreign nationals to Asia on a chartered flight originating in Seattle including 66 with criminal convictions. ICE returned individuals to the Philippines, Vietnam, Indonesia, Malaysia, Japan, and Cambodia.
ICE Secure Communities Monthly Interoperability Statistics
ICE Secure Communities monthly interoperability statistics through 8/31/10 released on the ICE FOIA website.
CA7 Denies Relief to Family Caught Up in Operation Durango
The court denied relief where Petitioners received I-551 stamps from an undercover agent as part of a sting to target corrupt immigration officials, because the stamp was only provided to give the appearance of legitimacy to the operation. (Mozdzen v. Holder, 9/7/10)
CA6 Affirms Dismissal of Citizen Child’s Challenge to Mother’s Removal
The court held that under INA §242(g) no federal court had the authority to review a removal order of a citizen child’s mother to determine whether a violation the child’s constitutional rights renders his mother’s removal order invalid. (Hamdi v. Napolitano, 9/7/10)
CA2 Finds NY Conviction for Sexual Misconduct Is an Aggravated Felony
A conviction for sexual misconduct under New York Penal Law §130.20(1) qualifies as “sexual abuse of a minor” and is an aggravated felony under INA §101(a)(43)(A). (Ghanzi v. Holder, 9/7/10)
CA2 Transfers Petitions to District Courts for Habeas Review
The REAL ID Act of 2005 did not divest district courts of habeas jurisdiction to consider petitioners’ claims that they were prevented by circumstances beyond their control from filing timely petitions for review. (Luna v. Holder, 9/3/10)
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.
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.
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.