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
DOJ OIL September 2010 Litigation Bulletin
DOJ Office of Immigration Litigation September 2010 Bulletin includes an update on asylum cases defining "other resistance" to China's coercive population control policies, an article about employment authorization and lawful status, and other litigation highlights.
AILA Files Amicus Brief in Second Circuit Case, Ragbir v. Holder
AILA amicus brief filed in support of panel rehearing and rehearing en banc, arguing that the court improperly applied the futility doctrine in refusing to remand, and rendered its decision based on a standard and evidence not considered by the BIA post-Nijhawan.
ICE Announces the Arrest of 78 Individuals in Colorado
ICE announcement that in the largest operation throughout Colorado this year, 78 individuals were arrested during a Fugitive Operations Program initiative. Those individuals who are not being criminally prosecuted will be processed administratively for removal.
CA5 Distinguishes Employment Authorization and Lawful Immigration Status
An automatic 240-day extension of employment authorization that accompanies an extension of nonimmigrant status under 8 CFR §274a.12(b)(20) does not provide lawful immigration status for purposes of INA §§245(c)(2) and 245(k)(2)(A). (Bokhari v. Holder, 9/29/10)
DHS: It’s Time to Act
“Representative [Lamar] Smith … called for the Immigration and Naturalization Service to exercise prosecutorial discretion in hardship cases. That is, immigration officials would simply decline to proceed with a deportation case… Second, Mr. Smith proposed that the attorney general use a
New York Pardon Panel Procedure and Q&As
New York State Pardon Panel information page on the procedure for seeking a pardon to relieve deportation consequences and Q&As on the Pardon Panel. All pardon requests must be submitted by 10/1/10.
CA11 Remands Sexual Orientation Asylum Claim Where IJ Engaged in Stereotyping
The court vacated and remanded a Serbian sexual orientation claim, finding that the IJ’s decision was impermissibly based on homosexual stereotypes, which precluded the court from engaging in meaningful appellate review. (Todorovic v. U.S. Att’y Gen., 9/27/10)
BIA on Interpretation of “Admitted” under INA §101(a)(13)(A)
In an unpublished decision, the BIA remanded to the IJ to determine whether the respondent was properly admitted to the United States under Matter of Quilantan following his entry through the Canadian border. Courtesy of Danny Garmo.
IJ Grants Asylum Due to Gang Recruitment Efforts
In an unpublished decision, the IJ found the respondent qualified for asylum based on membership in the particular social group, “male siblings of those murdered by gangs who resist active recruitment efforts by the same gang.” Courtesy of Joanna Ritcey-Donohue.
CA9 Proceeds on Merits of Derivative Asylum Claim Despite Death of Principal (Withdrawn 5/5/11)
Over dissent, the court dismissed the principal asylum applicant’s claim as moot due to his death, but declined to dismiss the derivative’s claim in light of the possible collateral consequences of such action. (Saval v. Holder, 9/23/10)
Ex-Armenian Consular Employee Pleads Guilty to Immigration Fraud
A former employee of the Armenian consulate in Los Angeles pleaded guilty to selling “letters of refusal,” for as much as $37,000. The letters are issued by embassies and consulates and state that a country will not issue a travel document for a particular individual.
Grand Jury Indicts Michigan Dairy Farm on Harboring Charges
Federal grand jury indictment of Aquila Farms, LLC and two supervisors for conspiring to harbor undocumented workers after receiving notification from SSA that the named individuals were not authorized to work. (U.S. v. Verhaar, 9/22/10)
EOIR Memorandum on 1-800 Number and Privacy Enhancements
EOIR 09/21/10 memo from Brian M. O’Leary, Chief Immigration Judge, on a recent EOIR decision on privacy enhancements and public use of the Alien-Number (A-Number). The memo directs courts to implement two operational safeguards to avoid public disclosure of the A-Number.
EOIR Relocates Denver Immigration Court
EOIR announcement that the Denver Immigration Court will recommence hearings at its new location on 09/22/10. The court's phone number will remain the same. Court contact information is included in the news release.
EOIR Update: 1-800 Number Access Requirements to Remain the Same
EOIR announcement that access to the new automated case status system will remain identical to the original system. Users will continue to access case information by entering the relevant alien registration number.
EOIR Updates to OCIJ Court Practice Manual
EOIR announcement on amendments to the Immigration Court Practice Manual. All of the changes have been made to the Practice Manual available online.
EOIR Issues Memo on Processing Cases Subject to a Protective Order
Obtained via FOIA by Hoppock Law Firm, EOIR released a memo from David L. Neal to Board Legal Staff on the processing of cases by BIA legal staff that involve a protective order including a Standard Operating Procedure. Special thanks to Matthew Hoppock.
EOIR Issues Memo on IJ Decisions Imbedded in the Transcripts
Obtained via FOIA by Hoppock Law Firm, EOIR released a memo from Lori L. Scialabba to BIA Board members on the implementation of Matter of A-P-. Special thanks to Matthew Hoppock.
EOIR OPPM 10-01: Procedures for Handling Requests for a Stipulated Removal Order
EOIR 9/15/10 Operating Policies and Procedures Memorandum 10-01 from Brian M. O’Leary, Chief Judge, containing guidance for the immigration courts on how to handle requests for a stipulated removal order.
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 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)
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.
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)