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
ICE Memorandum on Detention of Refugees Who Have Failed to Adjust Status
A 05/10/10 memo from James Chaparro, ICE DRO Director, providing guidance on when and under what circumstances ICE DRO Field Offices may detain refugees admitted under INA §207 who have failed to adjust to lawful permanent resident (LPR) status. Courtesy of Kara Hartzler.
CA11 Remands Sexual Assault and Orientation Asylum Case
The court remanded asylum case, finding that BIA did not explain whether the sexual assault that respondent described rose to the level of persecution and instead relied on an alleged finding that the IJ, in fact, never made. (Ayala v. U.S. Attorney General, 5/7/10)
Summary of the Border Security Enforcement Act of 2010 (S. 3332)
AILA summary of the Border Security Enforcement Act of 2010 (S. 3332) introduced on 5/7/10 by Senator John McCain (R-AZ).
BIA Clarifies How an IJ Should Determine an Asylum Application is Frivolous
The BIA held that when determining a case to be frivolous, the IJ may incorporate any facts made in support of the adverse credibility finding and consider separately the applicant’s explanations on the inconsistencies. Matter of B-Y-, ID 3680, 25 I&N Dec. 236 (BIA 2010)
CA8 Clarifies Holding in Tamenut Regarding Judicial Review of Sua Sponte Motions
CA8 clarified that it is precluded from reviewing sua sponte motions, not because of a lack of jurisdiction, but rather because the court has no meaningful standard against which to judge the agency's unfettered exercise of discretion. (Ochoa v. Holder, 5/5/10)
CA7 Denies Kucana Petition Following Supreme Court Remand
CA7 denied petition, finding the BIA did not abuse its discretion when concluding that the evidence did not show a material adverse change in country conditions between 2002 and 2006. (Kucana v. Holder, 5/4/10)
CA9 Holds BIA Erred in Finding Application Abandoned for Failure to Timely Submit Subsequent Documentation
CA9 held that BIA misinterpreted 8 C.F.R. § 1003.31(c) and erred in holding petitioner’s failure to timely submit subsequent documentation allowed IJ to deem his entire timely filed, statutorily authorized 212(c) application abandoned. (Casares-Castellon v. Holder, 5/4/10)
CA9 Finds Unborn Child Not a Qualifying Relative under Hardship Provision
CA9 upheld BIA decision that unborn child was not a qualifying relative for cancellation of removal purposes, finding that unborn child did not meet statutory definition of a “child” at time of IJ hearing. (Partap v. Holder, 5/4/10)
CA9 Finds IJ Erred in Denying Continuance and Excluding Testimony
CA9 remanded, finding IJ denied petitioner a full and fair hearing by precluding her from testifying to matters in the psychological evaluation of her child and denying a continuance less than one month after counsel’s initial appearance. (Rendon v. Holder, 5/3/10)
CA9 Finds Petitioners Who Received Fraudulent Green Cards in Conspiracy by Former INS Officer Removable
CA9 denied petition in part, holding that government proved removability of petitioners, who belonged to a group of persons who received fraudulent green cards through the criminal conspiracy of a convicted former INS officer. (Kim v. Holder, 5/3/10)
CA7 Grants Petitioner, Finding BIA Interpretation of Rodriguez-Esteban Overly Broad
CA7 granted petition, finding that petitioner’s challenge to the sufficiency of the notice he received before the agency rescinded his permanent resident status was reviewable. (Estrada v. Holder, 5/3/10).
DHS Comment Request on Proposed Public Online Detainees Database
DHS Privacy Act notice and comment request on the ICE Online Detainee Locator System, a proposed searchable online database to help members of the public locate detainees in ICE custody. Comments are due 06/02/10. (75 FR 23274, 05/03/10)
Immigration Law Advisor, April 2010 (Vol. 4, No. 4)
Immigration Law Advisor, a EOIR legal publication, with an article on alternatives to detention and Immigration Judges’ bond jurisdiction, federal court activity for March 2010, and recent BIA precedent decisions.
BIA on § 245(i) Adjustment of Status and Unauthorized Employment Restrictions
The BIA held that an alien otherwise eligible to adjust status under INA § 245(i), is not subject to §§245(c) unauthorized employment restrictions and exception in 245(k) that apply to adjustment of status under §245(a). Matter of Alania, 25 I&N Dec. 231 (BIA 2010)
CA8 Remands, Finding Petitioner Eligible for Asylum Based on Past Persecution
CA8 remanded asylum claim to IJ, finding that that the evidence would compel any reasonable fact-finder to conclude that petitioner suffered past persecution. (Bracic v. Holder, 4/29/10)
CA3 on Adjustment of Status for VWP Entrants
The court held that although petitioner was once statutorily eligible for adjustment of status, he may not, after expiration of his 90-day VWP stay, adjust his status as a defense to removal. (Bradley v. Att'y Gen. of the U.S., 4/29/10)
CA7 on Imputed Political-Opinion and China’s One-Child Policy
CA7 granted petition and remanded, recognizing that an asylum claim alleging persecution for resistance to a coercive population-control program under § 1101(a)(42)(B) may rely in part on a parent’s persecution for resisting that program. (Chen v. Holder, 4/28/10)
CA2 on Lozada and Ineffective Assistance of Counsel
The court upheld the BIA's denial of Petitioner’s motion to reopen based on ineffective assistance of counsel, finding that Petitioner failed to comply with the requirements of Lozada. (Debeatham v. Holder, 4/28/10)
ICE Issues Secure Communities Fact Sheet
ICE issued a fact sheet on Secure Communities that includes brief information fingerprint checks, allegations of racial profiling, prioritization of Level 1 offenses, and IDENT/IAFIS interoperability.
CA2 Finds Ineffective Assistance of Counsel May Excuse Failure to Exhaust
The court vacated the district court judgment and held that the administrative exhaustion requirement of INA §276(d)(1) can be excused when an alien has received ineffective assistance of counsel. (USA v. Cerna, 4/27/10)
CRS Report: Unauthorized Aliens in the United States
The Congressional Research Service (CRS) issued a report on undocumented immigrants in the U.S. including information on demographics, current law, and policy options.
CA9 on the Definition of “Admitted” under § 212(h)
CA9 denied petition, finding that because petitioner was “admitted” as an LPR in the sense of being inspected and authorized at the port of entry, but later convicted, he is barred from § 212(h) relief. (Sum v. Holder, 4/23/10)
CA9 on the Definition of “Admitted” under § 212(h)
CA9 denied petition, finding that because petitioner was “admitted” as an LPR in the sense of being inspected and authorized at the port of entry, but later convicted, he is barred from § 212(h) relief. (Nunez-Reyes v. Holder, 4/23/10)
EOIR Expands Benchbook with Mental Health Issues Section
EOIR announced that it added a section on mental health issues to the Immigration Judge Benchbook. This new section includes and overview of competency issues, a guide for addressing competency issues in removal proceedings, sample orders, and a resource guide.
CA9 on Joint Petition and Good Faith Marriage Requirements
CA9 held that petitioner was not entitled to LPR status, finding IJ and BIA ruling supported by substantial evidence, where wife withdraw her support and INS determined that he had not entered into the marriage in good faith. (Hammad v. Holder, 4/22/10)