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
CA7 Discusses “Lawfully Admitted for Permanent Residence”
The court held that Petitioner, who had a criminal conviction unknown to the government at the time his application for adjustment of status was approved, was never “lawfully admitted for permanent residence.” (Estrada-Ramos v. Holder, 7/1/10)
Immigration Law Advisor, June 2010 (Vol. 4, No. 6)
Immigration Law Advisor, a EOIR legal publication, with an article on recent developments in gang-related asylum claims, federal court activity for May 2010, an article on the bars to refugee protection, recent BIA precedent decisions, and a regulatory update.
ICE Civil Enforcement Priorities Memorandum
A 6/30/10 memo from ICE Assistant Secretary John Morton outlining the agency’s civil enforcement priorities.
BIA Overrules Saysana in Matter of Garcia-Arreola
AILA Amicus Committee alert on Matter of Garcia-Arreola and how this decision distinguishes from Saysana.
BIA Overrules Matter of Saysana Decision on Mandatory Detention
The BIA held that a post-TPCR release from non-DHS custody must be directly tied to basis for detention in INA §236(c)(1)(A)–(D) to implicate the mandatory detention provision. AILA filed an amicus brief in the case. Matter of Garcia Arreola, 25 I&N Dec. 267 (BIA 2010)
DHS Fact Sheet on Southwest Border Next Steps
DHS issued a fact sheet on department initiatives on the southwest border from the past year and a half and planned, new budget-neutral initiatives.
Sign-On Letter to ICE Expressing Views on Immigration Detainer Policy
On 6/23/10, AILA joined the ACLU and other immigrants’ rights and civil rights organizations in expressing concerns and views on the issuance of immigration detainers. This sign-on letter was presented to ICE as it works to develop guidance on detainer policy.
IJ Jurisdiction Over Bond Hearings Following ICE Transfer
AILA Amicus Committee alert on the practice of IJ’s refusing to conduct a bond hearing after a hearing is requested and scheduled but ICE moves the detainee. By guest writer Trina Realmuto at the National Immigration Project.
Sign-On Letter In Support of the HELP for Separated Children Act (S. 3522)
On 6/22/10, AILA joined a group of national and local immigrants’ rights, women’s rights, public health, medical, and religious organizations in voicing support for Senator Franken’s Humane Enforcement and Legal Protections (HELP) for Separated Children Act (S. 3522).
Senators Franken, Kohl Introduce HELP Separated Children Act
On 6/22/10, Senators Al Franken (D-MN) and Herb Kohl (D-WI) introduced the Humane Enforcement and Legal Protections (HELP) for Separated Children Act (S. 3522).
BIA Holds Failure to Timely File Supporting Docs May Not Deem Application Abandoned
The BIA held that when an application for relief is timely filed but supporting documents are not submitted within time established, IJ may deem opportunity to file documents waived but may not deem the application itself abandoned. Matter of Interiano-Rosa, 25 I&N Dec. 264 (BIA 2010)
Jailed Without Justice: Immigration Detention in the USA
This report from Amnesty International exposes the immigrant detention system in the U.S. as broken and unnecessarily costly. It costs about $95 per day to detain someone, while effective alternatives only cost $12 per day, yet the alternatives are often not considered.
CA1 Finds "Youths Who Resist Gang Recruitment" Is Not a Social Group
Citing Mendez-Barrera v. Holder, the court held that "youths who resist gang recruitment" does not constitute a particular social group. (Larios v. Holder, 6/21/10)
TVPRA and the One-Year Asylum Bar
AILA Amicus Committee alert that a noncitizen who holds the status of an unaccompanied alien child during the one-year period after his or her entry into the U.S., is never subject to the one-year filing deadline. The Amicus Committee is looking for cases that might raise this issue.
BIA on Conditional Parole and Eligibility for Adjustment of Status
BIA held that an alien released from custody on conditional parole under INA § 236(a)(2)(B) has not been “paroled into the United States” for purposes of establishing eligibility for adjustment of status under §245(a). Matter of Castillo-Padilla, 25 I&N 257 (BIA 2010)
CA1 Finds BIA Erred in Mailing Briefing Schedule to Incomplete Address
The court found that the BIA abused its discretion by issuing a poorly reasoned decision on whether Petitioner was entitled to have her proceedings reopened due to inadequate notice of the briefing schedule. (Aponte v. Holder, 6/18/10)
AILA Testimony on EOIR Submitted to the House Immigration Subcommittee
AILA testimony submitted to the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law for an oversight hearing on the Executive Office for Immigration Review (EOIR) on 6/17/10.
AILA's Immigration 101
AILA packet of introductory materials outlining the basic terms, legislation, and processes associated with immigration law in the U.S.
CA2 Finds BIA Engaged in Impermissible Fact-Finding in Cancellation Case
The court vacated, finding that the BIA impermissibly engaged in fact-finding and relied on unproven and disputed allegations as basis for its decision. (Padmore v. Holder, 6/15/10)
ICE Releases Secure Communities Presentations on FOIA Reading Room
ICE released several presentations on Secure Communities from 2009 and 2010 on its FOIA Reading Room. The presentations include a Secure Communities Crash Course, Secure Communities v. 287(g), State and Local Coordination, and a fact sheet.
Supreme Court Issues Decision on 2nd Drug Possession Conviction and Aggravated Felonies
Supreme Court reversed, holding that second or subsequent simple possession offenses are not aggravated felonies under INA §101(a)(43) when the state conviction is not based on the fact of a prior conviction. (Carachuri-Rosendo v. Holder, 6/14/10)
CA9 Finds §212(k) Refers to Invalid Visas
CA9 found petitioners eligible for §212(k) relief, concluding that their immigrant visas, which were derivative of their mother’s fraudulently-obtained LPR status, fell with the scope of §212(k). (Shin v. Holder, 6/11/10)
CIS Ombudsman Issues Recommendations on Processing of Waivers of Inadmissibility
The CIS Ombudsman issued recommendations to the Director of USCIS on the processing of waivers of inadmissibility to enhance the current filing process and minimize reluctance to file.
Assistant Secretary Morton Announces Internal Realignment of ICE Offices
Assistant Secretary Morton announced that ICE will realign its offices to promote criminal investigations over deportation. The three new directorates are: Homeland Security Investigations (HIS), Enforcement and Removal Operations (ERO), and Management and Administration.
BIA Finds Antique Firearm Exception is Affirmative Defense in Removal Proceedings
The BIA vacated and remanded, finding that in removal proceedings, the antique firearm exception is an affirmative defense that must be sufficiently raised by an alien charged under INA § 237(a)(2)(C). Matter of Mendez-Orellana, 25 I&N Dec. 254 (BIA 2010)