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 on Cancellation of Removal Stop-Time Rule
The BIA held that when continuous residence stops upon commission of an offense pursuant to INA §240A(d)(1), the accrual of continuous residence does not restart upon the alien’s departure and re-entry into the U.S. Matter of Nelson, 25 I&N Dec. 410 (BIA 2011)
BIA Establishes Temporary “Grace Period” for Weather-related Filing Delays
BIA affords temporary “grace period” for weather-related delays for filings due between 2/5/10 and 2/18/10.
DHS Supplemental Brief in Matter of Garcia-Arreola
DHS Principal Deputy General Counsel David Martin filed a brief in Matter of Garcia-Arreola suggesting that the Matter of Saysana ought to be clarified. AILA also filed an amicus brief in the same matter.
CA8 Finds Corroborated Confession Sufficient Evidence to Support Illegal Re-entry Conviction
CA8 affirmed defendant's conviction for illegal re-entry, finding defendant's corroborated confession was sufficient evidence to support the jury verdict. (United States v. Fajardo-Fajardo, 2/12/10)
First Removals Executed under New Hampshire Rapid REPAT Program
The New Hampshire Department of Corrections announced the transfer of the first eligible parolees to the jurisdiction of ICE to be deported through a new agreement between NH and ICE under the Rapid REPAT (Removal of Eligible Parolees Accepted for Transfer) program.
CA7 on the Jurisdictional Exception in 8 U.S.C. § 1503(a) Action for Declaration of Nationality
CA7 reversed dismissal for lack of subject matter jurisdiction, finding jurisdictional exception in 8 U.S.C. § 1503(a) was directed at individuals whose claims of nationality were being or had been litigated fully in removal proceedings. (Ortega v. Holder, 2/11/10)
CA7 Finds Motion to Reopen Time-Barred Where No Basis Offer to Excuse Delay
CA7 affirmed denial of motion to reopen by departed alien, finding that petitioner’s motion was unquestionably time-barred where petitioner offered no basis to excuse a six-plus year delay in moving to reopen. (Munoz de Real v. Holder, 2/11/10)
AILA Signs on to Carachuri Amicus Brief
AILA Amicus Committee alert that AILA signed on to an amicus brief submitted in Carachuri-Rosendo v. Holder, along with 18 other community groups, civil rights organizations, immigration justice organizations, and legal service providers.
EOIR Emergency Stay Telephone System Operating Despite Weather Related Closures
AILA confirms that despite the severe weather in the Washington, DC, area, the BIA continues to staff the Emergency Stay telephone system.
TRAC Report on the $24 Billion Spent by ICE
TRAC released a report which analyzes ICE records about detainees from FY2005 through the first quarter of FY2010. The report found that funding increases by Congress contributed to a 64% increase in the number of individuals ICE detained from FY2005 to FY2009.
CA6 Grants Withholding under INA and Denies CAT Claim in Police Abuse Case
CA6 granted withholding of removal under INA and denied CAT claim, holding that evidence compels finding that Algerian police abused petitioner for suspected political affiliation and that the abuse constituted persecution. (Haider v. Holder (2/10/10).
CA9 Applies Categorical Approach and Holds Indecent Exposure Not a Crime of Moral Turpitude
CA9 applied the categorical approach and held that indecent exposure under California law is not categorically a crime of moral turpitude. (Nunez v. Holder, 2/10/10)
ABA Report Addresses Immigration Removal Process
A report prepared by Arnold & Porter LLP and released by the ABA in February 2010 entitled, “Reforming the Immigration System: Proposals to Promote Independence, Fairness, Efficiency, and Professionalism in the Adjudication of Removal Cases.”
Parlak and the Persecutor Bar
AILA Amicus Committee alert on Parlak v. Holder.
Third Circuit – Social Group Analysis
AILA Amicus Committee alert on Valdaviezo-Galdamez v. Holder.
Kawashima III
AILA Amicus Committee alert on Kawashima III, where the Court applied a circumstance-specific approach without remanding it to the Board for consideration.
CA9 Finds Failure to Consider Country Conditions Constitutes Reversible Error in CAT Case
CA9 granted petition as to CAT relief application and remanded finding failure to consider evidence of country conditions constitutes reversible error and IJ and BIA erred by construing “government acquiescence” too narrowly. (Aguilar-Ramos v. Holder, 2/4/10)
Tenth Circuit Holds K-2 Visa Holders Do Not “Age-Out” for Purposes of Adjustment of Status.
AILA Amicus Committee alert on Colmenares Carpio v. Holder, in which the tenth circuit court held that K-2 visa holders do not “age-out” for purposes of adjusting.
Bayo: A Constitutional Victory
AILA Amicus Committee alert on Bayo v. Napolitano, where the Court found that there must be some process to assure that Visa Waiver Program waivers are knowing and voluntary, although it speculated that the newly implemented waiver process may resolve the issue.
Immigration Law Advisor, January 2010 (Vol. 4, No. 1)
Immigration Law Advisor, a legal publication from EOIR, with an article on waiver relief for refugees who engaged in criminal activity, federal court activity for December 2009, an article on the motions to reopen and IIRIRA, recent BIA precedent decisions, and a regulatory update.
CA8 Finds Unlawful Use of SSN Constitutes Crime Involving Moral Turpitude
CA8 denied petition, finding that conviction for unlawfully using social security number under 42 U.S.C. § 408(a)(7)(A) constituted crime involving moral turpitude.(Lateef v. Dep’t of Homeland Security, 1/29/10)
BIA on “Changed Circumstances” Related to Asylum Application Filing Delays
The BIA held that the particular circumstances related to delays in filing an asylum application must be evaluated to determine whether the application was filed “within a reasonable period given those ‘changed circumstances.’” Matter of T-M-H- & S-W-C-, 25 I&N Dec. 193 (BIA 2010)
BIA on Family Violence Battery Conviction
In an unpublished decision, the BIA remanded, finding respondent's family violence battery conviction is not aggravated felony crime of violence because term of imprisonment of at least one year was not imposed. Courtesy of Mark Newman.
CA7 Finds Repeal of INA §212(c) Not Impermissibly Retroactive
CA7 denied petition, finding petitioner deportable due to his conviction of counterfeiting over two decades ago and holding that repeal of INA § 212(c) is not impermissibly retroactive. (Canto v. Holder, 1/28/10)
CA9 on Burden to Show Conviction of a Disqualifying Controlled Substance Offense
CA9 granted in part and remanded for further proceedings consistent with Sandoval-Lua to permit government to put forth reliable evidence to show petitioner was convicted of disqualifying controlled substance offense. (Esquivel-Garcia v. Holder, 1/28/10)