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
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.
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.
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.
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 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.
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)
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.
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)
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.
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 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)
Immigration Law Advisor, July-August 2010 (Vol. 4, No. 7)
Immigration Law Advisor, a EOIR legal publication, with an article on Padilla v. Kentucky, federal court activity for June and July 2010, an article on accessing the jurisdiction provisions of the REAL ID act, recent BIA precedent decisions, and a regulatory update.
DOJ OIL August 2010 Litigation Bulletin
DOJ Office of Immigration Litigation August 2010 Bulletin covers terrorist exemptions under the INA, whether women in China who have been subjected to forced marriage and involuntary servitude can constitute a particular social group for purposes of asylum, and more.
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)
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.
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.
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.