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
Immigration Law Advisor, February 2010 (Vol. 4, No. 2)
Immigration Law Advisor with an article on when “exceptional and extremely unusual hardship” in cancellation of removal is a question of law, federal court activity for January 2010, an article on the Ninth Circuit and the REAL ID act, recent BIA precedent decisions, and a regulatory update.
CA8 Affirms Denial for Failure to Timely Petition Court for Review of Final Removal Order
CA8 denied petition finding because respondent did not timely petition court for review of final ICE removal order, district court lacked jurisdiction “to hear any claim” for relief that would frustrate agency’s action to execute order. (Lang v. Napolitano, 3/1/10)
Matter of S-E-G-, Visibility and Invisibility
AILA Amicus Committee alert on Matter of S-E-G by guest blogger Benjamin Casper, Director of the Pro Bono Litigation Project of the Immigrant Law Center of Minnesota, with Stephen Manning, AILA Amicus Committee chair.
CA9 on Expunged Convictions under the Federal First Offender Act
CA9 held first-time offenders convicted of using or being under influence of controlled substance and granted relief are eligible for same immigration treatment as those whose simple drug possession convictions are expunged under FFOA. (Rice v. Holder, 2/26/10)
February 2010 Internal DHS Draft Memorandum Discusses Administrative Measures in Absence of CIR
A 2/26/10 DHS draft memorandum discussing administrative relief options in the absence of comprehensive immigration reform including registration and deferred action, reduction of the family-based backlogs, unlawful presence waivers, and expanded E-Verify.
CA2 Remands on Issue of “Government Acquiescence” under CAT
The court found that the BIA committed error in its review of the IJ’s factual findings and evidentiary record and remanded due to concerns with the BIA’s treatment of the “government acquiescence” standard under CAT (De La Rosa v. Holder, 2/25/10)
CA1 Says Petitioner Not Eligible for 245(i) Grandfathering
The court upheld the BIA’s denial of adjustment of status, finding Petitioner ineligible because he entered the U.S. illegally and could not be grandfathered under INA §245(i). (Castro-Soto v. Holder, 2/24/10)
BIA Round Up: Recent Cases
AILA Amicus Committee alert on recent BIA cases, including Matter of Gamero, Matter of Diaz and Lopez, Matter of Neto, Matter of T-M-H and S-W-C, Matter of Morales, and Matter of Rose.
ICE Privacy Act Notice of Modification to Existing System of Records
ICE Privacy Act notice of modification to an existing system of records for the Alien Criminal Response Information Management System of Records. Comments are due 3/26/10. (75 FR 8377, 02/24/10)
ICE Announces New Arrangements for Detainees Relocated from NY Facility
On 2/12/10, ICE announced modified arrangements for detainees who have been relocated from the Varick Federal Detention Facility to the Hudson Federal Detention Facility.
What to Do When a Supreme Court Expert Calls?
AILA Amicus Committee alert on calls from lawyers offering to prepare petitions for writ of certiorari and handle the case at the Supreme Court. Guest blog by Nancy Morawetz, coordinator of the Supreme Court Immigration Law Working Group at New York University School of Law.
CA4 Finds BIA May Determine Non-Aggravated Felony is Particularly Serious Crime for Purposes of Asylum
CA4 denied petition, finding that the BIA may determine that a non-aggravated felony is a particularly serious crime for purposes of asylum through the process of case-by-case adjudication. (Gao v. Holder, 2/23/10).
New York Times Issues Interactive List of Immigrant Detention Centers
The New York Times issued an interactive list of jails and detention centers used by Immigration and Customs Enforcement (ICE). The list includes results of annual inspections.
ICE DRO Memo on Removal Goals from The Washington Post
The Washington Post published on its website a memo dated 2/22/10 from ICE Detention and Removal Office Director James M. Chaparro on removal goals.
CA9 Finds Conviction for Receipt of Stolen Vehicle Qualifies as Crime of Moral Turpitude
CA9 denied petition finding that state felony conviction for receipt of a stolen vehicle in violation qualifies categorically as a conviction for an aggravated felony, but not as a crime involving moral turpitude. (Alvarez-Reynaga v. Holder, 2/19/10)
CA11 Remands Asylum Case Based on Analysis of In-Person Credible Death Threat
CA11 vacated and remanded asylum case, finding that a credible death threat made in person by one with the ability to carry out that threat rises to the level of persecution. (Diallo v. Holder, 2/19/10)
Notes on Nijhawan v. Holder
AILA Amicus Committee alert on Nijhawan v. Holder and the notion of a “circumstance-specific” approach to analyzing offenses.
BIA on Application of the Modified Categorical Approach to Conviction Assessment
The BIA held that in applying the modified categorical approach to assess conviction, it is proper to consider police reports’ contents as part of conviction record if incorporated into plea or admitted by alien in criminal proceedings. Matter of Milian-Dubon, 25 I&N Dec. 197 (BIA 2010)
CA9 Finds Lack of Jurisdiction to Review BIA Discretionary Denial for Abuse of Discretion
CA9 found lack of jurisdiction to review for abuse of discretion BIA’s discretionary denial of petitioner’s motion to accept untimely brief because there is no meaningful standard against which to judge agency’s exercise of discretion. (Zetino v. Holder, 2/18/10)
CA2 on “Continuous Physical Presence” and Cancellation of Removal
The court found that for purposes of cancellation of removal eligibility, petitioner’s arrest and conviction for illegal entry interrupted the period of “continuous physical presence.” (Ascencio-Rodriguez v. Holder, 2/17/10)
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.