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 Finds DHS Counsel Conduct “Unbecoming”
Unpublished BIA decision, where the BIA sustained a grant of asylum, dismissed the DHS appeal, and criticized the conduct of the DHS attorney towards the Immigration Judge. Courtesy of Perry & Associates, PC.
IT Staffing Firm Pleads Guilty to Mail Fraud in Connection with H-1B Filings
The district court accepted a plea agreement whereby the defendant, an IT staffing firm that filed H-1B petitions through an Iowa shell subsidiary, agreed to accept a guilty plea for one count of mail fraud under 18 USC §1341. (U.S. v. Vision Systems Group, 10/14/10)
CA1 Affirms Denial in Marriage Fraud Case
The court upheld the BIA’s and IJ’s conclusions that the petitioner engaged in marriage fraud and found that it lacked jurisdiction to review the denial of voluntary departure. (Pena-Beltre v. Holder, 10/13/10)
CA3 Finds PA Drug Conviction Qualifies as Aggravated Felony
The court affirmed the BIA’s decision that the petitioner’s PA conviction for possession with intent to distribute 120.5 grams of marijuana was an “aggravated felony,” and did not fall within the exception under 21 USC §841(b)(4). (Catwell v. Holder, 10/13/10)
AAO Finds VSC Director Erred in Denying I-360 Petition for Battered Child
The AAO approved the I-360 filed by a battered child over 21, finding that the VSC Director incorrectly concluded that the petitioner must establish a parent-child relationship with the abusive parent on the date the petition was filed. Courtesy of Philip Smith.
ICE 30-Day Comment Request on Form I-246 Extension (Updated 10/12/10)
ICE notice of a 30-day comment period on the extension of the validity of the Application for Stay of Deportation or Removal (Form I-246). Comments are due 11/12/10 (75 FR 62560, 10/12/10) (75 FR 41214, 07/15/10)
AILA/USCIS Committee Notes on 10/12/10 Meeting
AILA/USCIS Liaison Committee offers committee comments for the meeting with USCIS on October 12, 2010. The comments provided are from the AILA/USCIS committee and are not responses of USCIS.
AILA Liaison/USCIS Meeting Q&As (10/12/10)
Questions and answers from the 10/12/10 meeting between USCIS HQ and AILA liaison. USCIS responses address the RFE Task Force, NTA Task Force, AAO, lockbox, L-1B adjudications, AC21 H-1B extensions for spouses, transfer of files between service centers and more.
AILA Files Amicus Brief in Ninth Circuit Case, Delgado v. Holder
AILA amicus brief arguing that when the BIA engages in a plain language statutory analysis, fills no statutory gaps, or does not particularize ambiguous statutory terms, its decision is not eligible for Chevron deference.
ICE Reveals Record Immigration Enforcement Numbers for FY10
ICE announcement that during FY10 DHS and ICE have removed more individuals than in any other period in history. A major factor in the increased removals, is the increased use of Secure Communities, which now has more than 660 state and local partners nationwide.
District Judge Orders Friendly House SB-1070 Case to Proceed
District Court order granting in part and denying in part Defendants’ motions to dismiss. (Friendly House v. Whiting, 10/8/10)
Touting the Record
by Victor Nieblas Pradis, AILA Secretary Yesterday, the secretary of homeland security, Janet Napolitano and the director of ICE, John Morton proudly announced they had broken a record—in fiscal year 2010, the Obama Administration deported 392,000 immigrants. That's good news for those who claim Ob
DHS OIG FY2011 Annual Performance Plan
DHS OIG FY2011 Annual Performance Plan outlining new projects for the fiscal year. The plan includes projects related to I-130 and I-129 adjudications, SEVP, the T and U visa process, detention, and ICE policies on the use of race in enforcement actions.
DHS Secretary Napolitano Announces FY2010 Immigration Enforcement Statistics
DHS press release announcing FY2010 enforcement statistics. ICE removed a record-breaking 392,000 individuals last fiscal year, including 195,000 convicted criminals.
CA3 Remands Chinese Population Control Asylum Claim
The court held that the evidence compeled the conclusion that the petitioner was persecuted on account of her resistance to China’s coercive population control policies and remanded to the BIA. (Cheng v. U.S. Att’y Gen., 10/6/10)
BIA Finds CSPA "Sought to Acquire" Requirement Not Equivalent to Filing an Application
Unpublished BIA decision, where the BIA held that the INA § 203(h)(1) requirement that an applicant have “sought to acquire” LPR status within one year of visa availability does not require the filing of an application, rejecting USCIS and DOS policy.
USCIS Provides Executive Summary from Field Operations Stakeholder Meeting (10/6/10)
USCIS provided the executive summary from the 10/6/10 field operations stakeholder engagement. USCIS provided updates and answers to stakeholder questions. Present during the meeting were headquarters, regional, and district leadership from the FOD.
Federal Law Enforcement in Virgin Islands Standardize Procedures Related to Undocumented Immigrants
CBP press release on the standardization of procedures for federal law enforcement agencies in the Virgin Islands dealing with the interdiction, investigation, and prosecution of undocumented immigrants.
CA9 Finds Alaska Coercion Conviction Is Not Categorically a Crime of Violence
The court held that a conviction for coercion under Alaska Statute §11.41.530(a)(1) is not categorically an aggravated felony crime of violence as defined under INA §101(a)(43)(F). (Cortez-Guillen v. Holder, 10/5/10)
CA10 Adopts BIA Interpretation of “One Central Reason”
The court adopted the BIA’s interpretation of “one central reason” set forth in Matter of J-B-N- and S-M-, that the protected ground cannot be incidental, tangential, superficial, or subordinate to another reason for harm. (Dallakoti v. Holder, 10/5/10)
ICE Secure Communities Statistics for September 2010
ICE Secure Communities Monthly IDENT/IAFIS Interoperability statistics through 09/30/10 released on the ICE FOIA electronic reading room.
EOIR Announces Expansion of LOP Initiatives
EOIR press release on expansion of its Legal Orientation and Pro Bono Program (LOP) including extending the LOP to serve detainees in proceedings before the Varick Street Immigration Court, a pilot program in Miami and a LOP for custodians of unaccompanied alien children.
ICE Releases October 2010 “Mandatory Memo” on Secure Communities
An October 2010 ICE memo from ICE Deputy Legal Advisor Riah Ramlogan to ICE Assistant Deputy Director Beth Gibson presenting ICE’s legal arguments for making Secure Communities mandatory. The memo was made public only after several NGOs fought an extended legal battle.
ICE Announces Results of Repatriation Program
ICE press release on the 2010 results from the Mexican Interior Repatriation Program. During 2010, 23,384 Mexican citizens were found unlawfully in the Sonora Arizona desert region and voluntarily returned to hometowns in Mexico.
SSA POMS Requirements With Respect to Status Changes
SSA’s RM 10211.510 provides guidance on actions and evidence required when an individual changes status, which may include the issuance of an original or replacement SSN card.