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.
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Updates from EOIR
Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
CA7 on Requirements of Cancellation of Removal as a Battered Spouse
CA7 denied petition finding petitioner deportable under §1227(a)(2)(A)(i) and ineligible for cancellation of removal as a battered spouse because he could not meet all five requirements. (Benaouicha v. Holder, 4/6/10)
Immigration Law Advisor, March 2010 (Vol. 4, No. 3)
Immigration Law Advisor with an article on removability for smuggling under sections 212(a)(6)(E) and 237(a)(1)(E) of the INA, federal court activity for February 2010, an article on “crime of violence” standards in the wake of Johnson v. U.S., and recent BIA precedent decisions.
Emergency Request for Hearing and Memorandum of Law in Support of Habeas Petition
Sample emergency request for hearing on petition for writ of habeas corpus and memorandum of law supporting issuance of writ of habeas corpus to remedy unlawful detention (April 2010). (Complaint, Amendment, Other Pleading)
SCOTUS Affirms That Immigrants are People Too!
The Supreme Court yesterday issued what can only be considered a seminal decision as it applies to the constitutional rights of all immigrants. In Padilla v. Kentucky, 555 U. S. ___ (2010), the court expressed, at least in summary, its dismay at the increasing difficulties caused by today's immigrat
CA9 Finds CA Health & Safety Code § 11361(b) Conviction a Removable Offense
The court dismissed petition, holding that petitioner’s state conviction under CA Health and Safety Code § 11361(b) qualifies as a controlled substance offense under 8 U.S.C. § 1227(a)(2)(B)(i). (Guerrero-Silva v. Holder, 3/31/10)
Supreme Court Reverses Padilla Finding Counsel Must Inform on Plea’s Deportation Risk
Supreme Court reversed and remanded, holding that criminal defense counsel must inform noncitizen clients whether the plea carries a risk of deportation. (Padilla v. Kentucky, 3/31/10)
CRS Report on U.S. Immigration Policy for Haitian Migrants
On 3/31/10, the Congressional Research Service (CRS) issued a report on U.S. policy on Haitian migrants including immigration trends, policy evolution, temporary protected status, federal assistance, and options for the 111th Congress.
Immigration Detention Gone Rogue
Just when you thought it couldn't get much worse. Now we are told that ICE agents grab mentally ill immigrants right from mental hospitals, ship them off to a Texas detention center without word to family or counsel, and deport them. Could ICE's behavior be any more horrific? The latest ICE outrage
CA3 on Confidentiality Provisions and LIFE Act Family Unity
The court found that the confidentiality provisions of INA §245A(c)(5) were inapplicable to an application for employment authorization submitted by the child of a LIFE Act adjustment of status applicant. (Patel v. Att'y Gen. of the U.S., 3/30/10)
CA6 Finds Actions by Secretary of DHS within § 1252(g) Jurisdictional Bar
CA6 affirmed dismissal for lack of jurisdiction, holding that an alien’s petition for a writ of prohibition that directly challenges his or her final removal order on constitutional grounds is subject to the jurisdictional bars. (Elgharib v. Napolitano, 3/30/10).
Round Up on Silva Trevino
AILA Amicus Committee alert on Matter of Silva Trevino, and its new rule for moral turpitude determinations. Guest blogging by Jenny Pelaez, from the Immigration Justice Clinic at Benjamin N. Cardozo School of Law.
Internal Conflict at ICE Threatens to Stall Enforcement and Detention Reforms
On 3/27/10, internal ICE memos were released revealing deep dissension at the highest levels of ICE leadership that seriously risk derailing the Obama Administration’s reforms to our nation’s troubled immigration enforcement and detention system.
ICE Issues Letter on February 22, 2010 Memo on Removal Goals
ICE Assistant Secretary John Morton issued a letter stating that the February 22, 2010 memo does not capture ICE priorities in the last 10 months and ICE will not impose quotas that propel field officers to identify and arrest any particular number of noncriminal aliens.
CA9 Finds Aggravated Felony Provision Does Not Apply to Pre-11/18/88 Convictions
The court held that the aggravated felony ground of removal under INA §237(a)(2)(A)(iii) does not apply to convictions that occurred before November 18, 1988, the date of enactment of the law that created the provision. (Ledezma-Galacia v. Holder, 12/22/10)
Immigration Enforcement By The Numbers
I'm going to stop using the word “shocked“ to describe my reaction to ICE's dirty secrets. Frankly, it is tough to be surprised by the antics of an agency which administers a draconian a detention system in which 107 immigrant detainees have perished since 2003. But I must admit I am taken aba
ICE Responds to The Washington Post on ICE DRO Memo on Removal Goals
ICE Assistant Secretary John Morton responded to The Washington Post article from 3/27/10 citing an ICE memo. Morton states that the memo, dated 2/22/10 from ICE DRO Director James M. Chaparro, was sent without his authorization and has been withdrawn and corrected.
ICE Memorandum on Clarification of February 22, 2010 Memo on Removal Goals
ICE DRO Director James Chaparro issued a memorandum to clarify the February 22, 2010 memo to ensure that it “signals no shift” in ICE prioritizing “dangerous criminal aliens who present the greatest risk to the security of our communities.”
BIA on Forced Sterilization and DOS Country Reports
The BIA held that the evidence, considered in light of DOS country reports, failed to establish reasonable possibility that either respondent would be subject to forced sterilization for having two U.S.-born children. Matter of H-L-H & Z-Y-Z, 25 I&N 209 (BIA 2010)
CA8 Finds Jurisdiction to Review Continuance Denial Based on Kucana Decision
CA8 denied petition and held that since Supreme Court's Kucana decision effectively overruled CA8 decision in Onyinkwa, the court has jurisdiction to review the IJ's denial of the continuance. (Thimran v. Holder, 3/25/10)
BIA Round Up: Looking Ahead, Cases to Watch
AILA Amicus Committee alert with a summary of upcoming cases at the BIA.
AILA/ICE Liaison Meeting Minutes (3/25/10)
Minutes from the AILA/ICE Liaison Committee meeting on 3/25/10, address: reporting requirements, right to counsel, alternatives to detention, medical treatment, detention facilities, and more.
AILA/EOIR Liaison Meeting Minutes (3/24/10)
The AILA EOIR Liaison 3/24/10 meeting minutes address pro bono issues, Immigration Court policies and procedures, MTRs, emergency stays of deportation/removal, the BIA, technology issues, attorney sanction questions, and more.
Southern District of Iowa Court Rules on the Defendants’ Motions in Visa and Mail Fraud Case
The Court ruled to grant in part and deny in part both Defendants’ Motion to Dismiss and Motion to Suppress. Also suppressed are fruits derived from Government’s search of Defendants’ data images. (United States v. Vision Systems Group, Inc., 3/24/10)
CA8 Remands, Finding BIA Interpretation of Motion to Remand Distorted Aspect of Claim
CA8 remanded, holding that to the extent that BIA interpreted the motion to remand as an attempt to have the IJ decide her adjustment of status application, BIA's analysis distorted petitioner's request for a continuance for USCIS to consider her widow petition. (Clifton v. Holder, 3/23/10)