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
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)
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)
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.
EOIR to Launch Redesigned Website
EOIR press release on the launch of its redesigned website on 10/20/10. Features include an Action Center with tools to find an immigration court and a free legal service provider.
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.
CA5 on BIA Jurisdiction over Appeal of Departed Alien
8 CFR §1003.4, which states that an appeal is withdrawn if the alien departs "subsequent to the taking of an appeal, but prior to a decision,” does not cover departures after a BIA decision, but while a habeas is pending. (Rodriguez-Barajas v. Holder, 10/19/10)
CA5 Affirms Denial Based on Crime of Domestic Violence
The court held that the government has the burden to prove the domestic relationship for a crime of domestic violence by clear and convincing evidence, using the kind of evidence generally admissible before an immigration judge. (Bianco v. Holder, 10/19/10)
ICE Announces Brazilian Couple Sentenced in $55 Million Visa Fraud Scheme
ICE press release on a Brazilian couple who were sentenced to 18 to 24 months in federal prison and a $55 million money judgment, for their involvement in a visa fraud scheme, as well as being subject to removal after they serve their sentences.
BIA Finds Conviction for Bribery of Public Official Not Aggravated Felony
The BIA held that the crime of bribery of a public official in violation of 18 U.S.C. § 201(b)(1)(A) is not an offense “relating to” commercial bribery and is therefore not an aggravated felony under INA §101(a)(43)(R). Matter of Gruenangerl, 25 I&N Dec. 351 (BIA 2010)
BIA Finds DHS Counsel Conduct “Unbecoming”
Unpublished BIA decision, where the BIA sustained a grant of asylum, dismissed the DHS appeal, and criticized the conduct of the DHS attorney towards the Immigration Judge. Courtesy of Perry & Associates, PC.