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 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)
ICE Arrests 32 Foreign Nationals in Las Vegas Operation Community Shield Effort
ICE press release on the arrest of 32 foreign nationals with suspected gang ties in the Las Vegas area as the result of an ICE Operation Community Shield enforcement effort. Those individuals who are not being prosecuted on criminal charges are being processed for removal.
CA9 Finds IJ Did Not Err in Reassessing Credibility on Remand
As a matter of first impression, the court held that the IJ’s jurisdiction on remand from the BIA is limited only when the BIA expressly retains jurisdiction and qualifies or limits the scope of the remand to a specific purpose. (Fernandes v. Holder, 8/20/10)
CA9 on Notice “to the Alien” Under INA §203(g)
The court reversed the termination of Petitioner’s immigrant visa for failure to apply within one year. INA §203(g) and 22 CFR §42.67(b) require notice “to the alien” but DOS sent notice only to the attorney and the I-130 petitioner. (Singh v. Clinton, 8/20/10)
CA3 on Conditional LPR Eligibility for §212(c) Relief
The court remanded the case for the BIA to clarify whether it considered the date that petitioner was first admitted as a conditional permanent resident in its finding that he was ineligible for §212(c) relief (Gallimore v. U.S. Att’y Gen., 8/20/10)
EOIR Relocates Portland Immigration Court
As of 8/23/10, the EOIR Portland Immigration Court will be located at 1001 SW 5th Avenue, Suite 400, Portland, Oregon 97204. The court’s phone and fax numbers remain the same. This announcement includes hours of operation.
ICE Arrests 158 Individuals in Utah Operation Community Shield Task Force Effort
ICE press release on the arrest of 158 foreign nationals with suspected gang ties. The arrests were the result of a coordinated effort by ICE’s Operation Community Shield Task Force, and represents Utah’s largest ever ICE-led gang enforcement action.