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 Submits Amicus Brief in BIA Matter of C-T-L Case
AILA submitted an amicus brief in the BIA asylum case Matter of C-T-L. AILA concludes that the requirement that an enumerated ground is "at least one central reason" for the fear of persecution applies to withholding of removal claims.
ICE Opens Facility at Arizona Airport for Detainees Awaiting Removal
ICE announced the opening of the Arizona Removal Operations Coordination Center (AROCC) at Phoenix-Mesa Gateway Airport, which will house 79 ICE employees and up to 157 detainees who are awaiting removal to countries such as Guatemala, El Salvador and Honduras.
Testimony of Assistant Secretary John Morton on ICE FY2011 Budget Request
On 03/18/10, ICE Assistant Secretary of Homeland Security, John Morton testified before the Senate Appropriations Committee on the ICE FY2011 Budget request. ICE’s proposed FY2011 budget is $5.8 billion, a 2% increase over the FY2010 budget.
President Obama Extends Grant of Deferred Enforced Departure for Liberians
The White House issued a memorandum for the Secretary of Homeland Security stating that the President extended the grant of Deferred Enforced Departure (DED) for Liberians through September 30, 2011.
BIA Finds Conviction for Infliction of Corporal Injury on Spouse is “Crime of Violence”
The BIA held that a misdemeanor conviction for willful infliction of corporal injury on a spouse under California law qualifies categorically as a conviction for a “crime of violence” under 18 U.S.C. § 16(a) (2006). Matter of Perez Ramirez, 25 I&N Dec. 203 (BIA 2010)
TRAC Issues Report on Criminal Immigration Prosecutions
The Transactional Records Access Clearinghouse (TRAC) issued a report on trends in criminal immigration prosecutions. The report finds that the rate of reported prosecutions during the first three months of FY2010 decreased by 8.8% compared to 2009 quarterly figures.
Matter of Saysana Revisited: AILA Amicus Committee Files Brief to BIA
AILA Amicus Committee alert that it has filed an amicus brief in Mr. Garcia Arreola’s case, asking the BIA to follow the plain language of the law and not Matter of Saysana when determining mandatory detention.
AILA-ICE Worksite Enforcement Meeting Summary & I-9 Worksite Enforcement Practice Tips
On February 23, 2010, the ICE subcommittee of the Verification and Documentation Committee met with the Enforcement Law Division of the ICE Office of the Principal Legal Advisor (OPLA) and with the Worksite Division of ICE’s Office of Investigations.
AILA Submits Amicus Brief on Mandatory Detention with BIA
On 03/16/10, AILA submitted an amicus brief with the BIA in the Matter of Garcia Arreola, asking the Board to overturn Matter of Saysana and narrow the applicability of the mandatory detention statute, INA §236(c).
ICE Releases List of Detainee Deaths from October 2003 – March 2010
ICE released on its FOIA Reading Room a list of detainees who died in ICE custody from October 2003 – March 2010.
CA7 Finds Attorney Conduct in Asylum Case Warrants Professional Investigation
CA7 denied petition, noting that a professional investigation of attorney’s handling of the petitioners’ cases appears to be warranted. The court transmitted its decision to the Arkansas Committee on Professional Conduct and EOIR. (Juarez v. Holder, 3/12/10)
CA9 Grants Petition in Part for Remand on Issue of Religious Persecution
CA9 granted petition in part, finding that the court was required to remand to the BIA to address the questions of whether petitioner would be in danger of persecution on account of his religion or would be entitled to other relief. (Tijani v. Holder, 3/11/10)
EOIR Fact Sheet on Immigration Judge Hiring Initiative
EOIR issued a fact sheet on the immigration judge hiring initiative to fill vacant positions.
AILA Submits Amicus Brief in 9th Circuit U.S.A. v. Aguila-Montes de Oca Case
AILA submitted an amicus brief in the 9th Cir. rehearing of U.S.A. v. Aguila-Montes de Oca, requesting the Court to restore the panel decision or affirm it with clarification that second-stage categorical analysis only applies in the context of divisible statutes.
CA11 Determines Approved I-140 Did Not Make Petitioner Lawful Resident under § 212(h)
CA11 denied petition finding petitioner statutorily eligible for a § 212(h) waiver of inadmissibility because his approved I-140 visa petition did not make him a lawful resident under § 212(h). (Vila v. U.S. Attorney General, 3/10/10)
ICE Removals and Returns by Country as of February 22, 2010
ICE released on its FOIA Electronic Reading Room a spreadsheet of removals and returns by country as of 2/22/10.
CA9 Grants Withholding of Removal Finding BIA Failed to Apply Disfavored Group Analysis
CA9 granted petition with respect to withholding of removal and remanded holding that on this record Christians are a disfavored group in Indonesia and BIA erred in failing to analyze claim according to disfavored group analysis. (Tampubolon v. Holder, 3/9/10)
ICE Detainee Dies at Los Angeles-area Hospital
ICE announced that a person being held pending immigration removal proceedings died on 3/5/10 at Kindred Rehabilitation Hospital in Los Angeles following complications from a brain tumor.
CA9 Affirms Dismissal of Indictment for Illegal Re-entry
CA9 affirmed dismissal of criminal indictment for illegal reentry because government affirmatively and prejudicially misled petitioner as to his statutory right after his removal in absentia to seek to reopen his removal proceedings. (U.S. v. Arias-Ordonez, 3/8/10)
CA8 Affirms Denial Finding 209(c) Waiver Had No Bearing on Removability for Conviction
CA8 found that since the 209(c) waiver in the record dealt only with waiving inadmissibility grounds for the purpose of seeking adjustment of status, it had no bearing on removability for a conviction and due process was not denied. (Freeman v. Holder, 3/8/10).
CA4 on TPS “Continuous Residence” Requirement and Minor Children
The court found that petitioners, who were minor children, were ineligible for Temporary Protected Status (TPS) because they could not satisfy the “continuous residence” eligibility requirement of 8 U.S.C. § 1254a(c)(1)(A). (Cervantes v. Holder, 3/8/10).
Comment Request Period Extended for Form I-212
USCIS extension of an existing Information Collection; Comment Request for Form I-212, Application to Reapply for Admission into the U.S. after Deportation or Removal. The comment period is extended until 4/5/10. (75 FR 10298, 3/5/10) (74 FR 61358, 11/24/09)
CA4 Finds Lack of Jurisdiction to Review Withholding of Removal Denial and CAT Claim
CA4 dismissed petition, finding lack of jurisdiction to review withholding of removal denials in cases involving certain criminal aliens and lack of jurisdiction over CAT claim due to petitioner’s failure to exhaust administrative remedies (Kporlor v. Holder, 3/5/10).
CA6 Finds Former Gang Member Part of Particular Social Group, Denies Petition
CA6 held BIA erred and respondent was a member of the particular group of former gang members, which is impossible to leave save by rejoining the organization. Court denied petition finding him statutorily ineligible for withholding. (Urbina-Mejia v. Holder, 3/5/10).
CA7 on Retroactive Relief and the Ten-Year Bar
CA7 denied petition, affirming BIA ruling that an application for retroactive adjustment of status cannot be granted when the effect would be to lift the ten-year bar. (Gonzalez-Balderas v. Holder, 3/5/10)