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
BIA Holds Failure to Timely File Supporting Docs May Not Deem Application Abandoned
The BIA held that when an application for relief is timely filed but supporting documents are not submitted within time established, IJ may deem opportunity to file documents waived but may not deem the application itself abandoned. Matter of Interiano-Rosa, 25 I&N Dec. 264 (BIA 2010)
TVPRA and the One-Year Asylum Bar
AILA Amicus Committee alert that a noncitizen who holds the status of an unaccompanied alien child during the one-year period after his or her entry into the U.S., is never subject to the one-year filing deadline. The Amicus Committee is looking for cases that might raise this issue.
CA1 Finds BIA Erred in Mailing Briefing Schedule to Incomplete Address
The court found that the BIA abused its discretion by issuing a poorly reasoned decision on whether Petitioner was entitled to have her proceedings reopened due to inadequate notice of the briefing schedule. (Aponte v. Holder, 6/18/10)
BIA on Conditional Parole and Eligibility for Adjustment of Status
BIA held that an alien released from custody on conditional parole under INA § 236(a)(2)(B) has not been “paroled into the United States” for purposes of establishing eligibility for adjustment of status under §245(a). Matter of Castillo-Padilla, 25 I&N 257 (BIA 2010)
AILA Testimony on EOIR Submitted to the House Immigration Subcommittee
AILA testimony submitted to the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law for an oversight hearing on the Executive Office for Immigration Review (EOIR) on 6/17/10.
AILA's Immigration 101
AILA packet of introductory materials outlining the basic terms, legislation, and processes associated with immigration law in the U.S.
CA2 Finds BIA Engaged in Impermissible Fact-Finding in Cancellation Case
The court vacated, finding that the BIA impermissibly engaged in fact-finding and relied on unproven and disputed allegations as basis for its decision. (Padmore v. Holder, 6/15/10)
ICE Releases Secure Communities Presentations on FOIA Reading Room
ICE released several presentations on Secure Communities from 2009 and 2010 on its FOIA Reading Room. The presentations include a Secure Communities Crash Course, Secure Communities v. 287(g), State and Local Coordination, and a fact sheet.
Supreme Court Issues Decision on 2nd Drug Possession Conviction and Aggravated Felonies
Supreme Court reversed, holding that second or subsequent simple possession offenses are not aggravated felonies under INA §101(a)(43) when the state conviction is not based on the fact of a prior conviction. (Carachuri-Rosendo v. Holder, 6/14/10)
CA9 Finds §212(k) Refers to Invalid Visas
CA9 found petitioners eligible for §212(k) relief, concluding that their immigrant visas, which were derivative of their mother’s fraudulently-obtained LPR status, fell with the scope of §212(k). (Shin v. Holder, 6/11/10)
CIS Ombudsman Issues Recommendations on Processing of Waivers of Inadmissibility
The CIS Ombudsman issued recommendations to the Director of USCIS on the processing of waivers of inadmissibility to enhance the current filing process and minimize reluctance to file.
Assistant Secretary Morton Announces Internal Realignment of ICE Offices
Assistant Secretary Morton announced that ICE will realign its offices to promote criminal investigations over deportation. The three new directorates are: Homeland Security Investigations (HIS), Enforcement and Removal Operations (ERO), and Management and Administration.
CA2 Interprets “Previously” as Used in INA §212(h)
The court held that under §212(h), the term “previously” refers to an alien who has been admitted to the U.S. as a lawful permanent resident at any time in the past, not merely upon the most recent admission. (Dobrova v. Holder, 6/9/10)
BIA Finds Antique Firearm Exception is Affirmative Defense in Removal Proceedings
The BIA vacated and remanded, finding that in removal proceedings, the antique firearm exception is an affirmative defense that must be sufficiently raised by an alien charged under INA § 237(a)(2)(C). Matter of Mendez-Orellana, 25 I&N Dec. 254 (BIA 2010)
USCIS Draft Memo for Comment on Guidance on Uniform Denial Language Pertaining to BIA Appeals
USCIS issued a draft memo for comment on guidance to USCIS officers on uniform denial language pertaining to appeals to the BIA, revising AFM Chapter 10.7(b). Comments are due 6/21/10. This document includes comment submission instructions and the draft memorandum.
CA8 Grants Rehearing to Review Continuance Denial Following Kucana Decision
CA8 granted petition for panel rehearing and vacated part of its prior opinion, finding that it now has jurisdiction to consider petitioner’s challenge to denial of his motion for continuance under Kucana v. Holder. (Hernandez v. Holder, 6/4/10)
CA8 Applies Hassan Case Precedent in Denial of FGM Asylum Case
CA8 held that, in light of adverse credibility findings and lack of corroborating evidence to establish identity, petitioner could not satisfy burden of proof to show FGM occurred "on account of her membership" in a protected category. (Fesehaye v. Holder, 6/4/10)
FL Man Who Served in Bosnian Serb Military during the Bosnian Conflict Leaves U.S. Following Denaturalization
A former member of the Bosnian Serb Army has left the U.S. to return to Serbia after a federal judge ordered his denaturalization based on concealment during his application for U.S. citizenship that he served in the military during the Bosnian war.
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)
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.
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.
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.