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
AILA Comments on the Online Detainee Locator System
AILA submitted a comment regarding the Online Detainee Locator System (ODLS) and suggested modifications to be made prior to deployment of the new system.
CA3 Remands Asylum Case on Imputed Political Opinion
The court remanded the asylum case, finding that the BIA’s conclusion that FARC’s threats were not motivated by a political opinion imputed to petitioner was not supported by substantial evidence. (Espinosa-Cortez v. U.S. Att'y Gen., 6/2/10)
Immigration Law Advisor, May 2010 (Vol. 4, No. 5)
Immigration Law Advisor, a EOIR legal publication, with an article on expert witnesses in immigration proceedings, federal court activity for April 2010, recent BIA precedent decisions, and a regulatory update.
DOJ OIL May 2010 Litigation Bulletin
DOJ Office of Immigration Litigation released its May 2010 Bulletin, which covers topics including a review of AG’s discretionary waiver decisions, review of AG’s discretionary waiver decisions and the Adverse Credibility Project update.
First ICE Charter Lands in Iraq
ICE Detention and Removal Operations, in a charter flight to the Middle East, which made stops in Cape Verde, Lebanon and, for the first time, Iraq, removed 31 men with final orders of removal.
CA1 Affirms BIA Denial of Motion to Reopen to Adjust Status
The court held that the BIA acted within its discretion in denying petitioner’s motion to reopen to adjust status based on his well-documented credibility problems. (Chi v. Holder, 5/26/10)
ICE Releases List of Detainee Deaths from October 2003 through May 2010
On the ICE FOIA Reading Room, the agency released a list of detainee deaths from October 2003 through May 2010. During that period, 111 people died in ICE custody, according to the list.
TRAC Report: Immigration Case Backlog Continues to Grow
Transactional Records Access Clearinghouse (TRAC) issued a report finding that the number of cases awaiting resolution before the immigration courts reached 242,776 matters at the end of March 2010. The average length of time cases have been waiting increased to 443 days.
CA9 Remands Asylum Case on China’s Population Control Policy
CA remanded, holding that petitioner suffered persecution for demonstrating other resistance to China’s coercive population control policy and deferred to AG’s INA interpretation in J-S- on spouses of victims of such policies. (Jiang v. Holder, 5/24/10)
BIA Holds Matter of Lozada Substantially Satisfied Where Prior Attorney Now Deceased
In an unpublished decision, the BIA granted a motion to reopen an in absentia order of deportation based on Matter of Lozada. BIA found Matter of Lozada substantially satisfied where prior attorney is now deceased. Courtesy of Geoffrey A. Hoffman.
CA11 on Status Investigation Pursuant to I-130 Petition AER
The court found that immigration authorities, with the information provided by respondent’s wife through an Additional Evidence Request (AER) to a I-130 petition, acted with reasonable diligence in investigating respondent’s status. (United States v. Garcia, 5/21/10)
CA1 on Ineffective Assistance of Counsel and Exceptional Circumstances
The court upheld the denial of the motion to rescind the in absentia order where notice of the hearing was sent only to the attorney, and the attorney spoke to Petitioner’s wife, but did not directly inform Petitioner of the hearing date. (Reis v. Holder, 5/21/10)
BIA on Burden of Proof under §101(a)(13)(C)(v)
In an unpublished decision, the BIA held that, for an LPR to be regarded as “seeking admission” under §101(a)(13)(C)(v), DHS must prove by clear, unequivocal, and convincing evidence that he has committed an offense identified in §212(a)(2). Courtesy of David Funke.
Former CBP Officer Indicted for Taking Bribes From Foreign Restaurant Workers
A former CBP supervisor at Midway Airport has been indicted for allegedly taking about $52,000 in bribes to allow foreign employees of three area restaurants to extend their stays in the United States. (U.S. v. Mann, 5/20/10)
CA7 Denies Motion for Attorney’s Fees in Asylum Case
CA7 denied motion for attorney’s fees, finding that the “position of the United States” as used in the Equal Access to Justice Act does include the BIA’s decision and that the government’s position was substantially justified as a whole. (Gatimi v. Holder, 05/17/10)
EOIR Establishes Procedure for Filing Immigration Judge Conduct Complaints
The EOIR Office of the Chief Immigration Judge (OCIJ) established a procedure that allows any person to file a complaint about the conduct of an Immigration Judge. The EOIR webpage includes links to documents on filing a complaint and processing procedures.
AILA Liaison/NBC Meeting Minutes (5/12/10)
The 5/12/10 meeting minutes address NBC’s latest updates, K visa RFEs, EAD adjudications, I-290B processing times, I-824 filings, and more.
USCIS TSC Practice Alert : ASC Appointment Notices for Certain EOIR-Related Filings
The TSC Liaison Committee alerts practitioners of what to do when an erroneously issued ASC appointment notice was received from TSC regarding an EOIR-related case.
CA6 Discusses Burden of Proving Petitioners Married Prior to Entry
CA6 reversed the BIA judgment with respect to its ruling that the government met its burden of proving petitioners were married prior to their entry into the U.S. and its finding that petitioner was removable. (Hassan v. Holder, 5/11/10)
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.
CA8 Upholds Denial of Acquittal on Charge of Conspiracy to Commit Marriage Fraud
CA8 affirmed lower court's denial of a motion for acquittal on conspiracy to commit marriage fraud, finding circumstantial evidence sufficient to justify jury's conclusion that defendant knowingly entered into marriage for purposes of evading immigration laws. (U.S. v. Yang, 5/10/10)
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).
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)
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)