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
CA9 Finds State Offense for “Unlawful Sexual Intercourse with a Minor” Not Aggravated Felony
CA9 held that the offense of “unlawful sexual intercourse with a minor” under California Penal Code does not meet the definition of “aggravated felony” in 8 U.S.C. § 1101(a)(43)(A), which includes “sexual abuse of a minor.” (Pelayo-Garcia v. Holder, 12/14/09)
EOIR Fact Sheet: EOIR at a Glance
On 12/14/09, The Executive Office for Immigration Review (EOIR) issued a fact sheet on the structure of EOIR and a broad outline of EOIR’s responsibilities.
CA1 Affirms BIA Denial of Derivative Citizenship
The court rejected Petitioner’s claim that he qualified for derivative citizenship through his biological mother under the Child Citizenship Act and affirmed the BIA’s refusal to terminate proceedings. (Walker v. Holder, 12/11/09)
ICE Statement on the President’s FY 2009 Budget Request
On 02/28/08, ICE Assistant Secretary Julie Myers testified before the House Appropriations Committee Subcommittee on Homeland Security on the President’s FY09 ICE budget request. The budget request included funding for additional detention space, the 287(g) program, visa security program, and SEVIS.
DHS Secretary Testimony before the Senate Judiciary Committee on DHS Oversight
On 12/9/09, DHS Secretary Janet Napolitano testified before the Senate Judiciary Committee on oversight of DHS, including border issues, Secure Communities, ICE workplace enforcement, E-Verify, detention reform, naturalization, WHTI, US-VISIT, REAL ID, and comprehensive immigration reform.
BIA Finds IJ Erred in Refusing to Consider Underlying Facts of Conviction
The BIA vacated IJ decision and remanded finding that where facts underlying respondent’s conviction showed she knowingly assisted aliens to enter the U.S. in violation of law, clear and convincing evidence established she removability. Matter of Martinez-Serrano, 25 I&N Dec. 151 (BIA 2009)
CA2 Finds CT 2nd Degree Larceny Is an Aggravated Felony
The court held that second-degree larceny in violation of Conn. Gen. Stat. §53a-123 is a “theft offense” under INA §101(a)(43)(G) and is therefore, an aggravated felony. (Almeida v. Holder, 12/8/09)
CA2 Finds Due Process Denial Where BIA Invoked Uncharged Removal Grounds
The court vacated the BIA's order of removal, finding Petitioner was deprived of due process when the BIA sua sponte invoked uncharged INA §101(a)(43)(U) as a basis for removal under section 237(a)(2)(A)(iii). (Pierre v. Holder, 12/8/09)
CA9 on Corroboration under the REAL ID Act in Asylum Case
CA9 denied petition, finding that the BIA properly required corroboration of petitioner's testimony under the REAL ID Act. (Aden v. Holder, 12/8/09)
ICE Policy Directive: Parole of Arriving Aliens Found to Have a Credible Fear of Persecution or Torture
On 12/8/09, ICE released policy directive 11002.1 regarding the granting of parole for arriving aliens found to have a credible fear of persecution or torture.
ICE Memorandum on National Fugitives Operations Program: Priorities, Goals, and Expectations
A 12/08/09 ICE memo from John Morton, Assistant Secretary, clarifies the enforcement priorities of the National Fugitives Operations Program within the Office of Detention and Removal Operations. This memo supersedes previously issued fugitive operations guidance.
Article Outlines New Surviving Relative Legislation
This article by Brent Renison of Surviving Spouses Against Deportation outlines measures under DHS Appropriations Act for FY2010 that expand the right of survivors to obtain permanent resident status despite the death of a qualifying relative.
DHS OIG Report on Age Determination Practices for Unaccompanied Alien Children in ICE Custody
DHS OIG issued a report on age determination practices for unaccompanied alien children in ICE custody, concluding that ICE recognizes the limits of dental or skeletal radiographs and strives to obtain additional information for age determinations.
CA8 Finds State Conviction for Making Terroristic Threats Constitutes Aggravated Felony
CA8 denied petition finding petitioner's conviction under Minnesota law for making terroristic threats constituted an aggravated felony because it involved a crime of violence. (Olmsted v. Holder, 12/4/09)
DHS Issues DRO Reports on Asylum Applicants in Detention
On 12/4/09, DHS issued Detention and Removal Operations reports on asylum applicants in detention and detainees who did not apply for asylum as required by Sections 903 and 904 of the Haitian Refugee Immigration Fairness Act (Public Law 105-277).
List of ICE Detention Facilities (12/04/09)
ICE provided list of Detention Facilities as of 12/04/09.
CA2 Affirms Denial of Citizenship Based on Attempted Bank Fraud Conviction
The court affirmed summary judgment, finding Plaintiff was statutorily barred from naturalizing because of his aggravated felony conviction of attempted bank fraud. (Ljutica v. Holder, 12/3/09)
DHS OIG Report on Medical Care for Detainees
On December 22, 2009, the Office of Inspector General for the Department of Homeland Security released a report originally issued on December 3, 2009, looking at ICE’s process for authorizing medical care for immigration detainees.
CA2 on Well-Founded Fear and Government’s Awareness of Banned Activities
The court vacated the denial of asylum and remanded with instructions to provide Petitioner an opportunity to submit any additional evidence "as to the Chinese government's likely future awareness of his involvement with the CDP." (Ge v. Holder, 12/2/09)
CA9 Finds IJ Denied Full and Fair Hearing in Removal Case
CA9 granted petition and remanded with instructions to order a new hearing before the IJ, finding denial of continuance in conjunction with limitations placed on testimony prevented petitioner from full and fairly presenting case. (Rendon v. Holder, 12/2/09)
TRAC Report on ICE Detention Facility Transfers
A Transactional Records Access Clearinghouse (TRAC) report indicates that the number of individuals held in ICE custody in FY2009 is estimated at 369,483 detainees, more than twice the FY1999 total. And that an increasing proportion of all detainees are being transferred.
DOJ OIG Issues Semiannual Report to Congress
On 12/01/09, DOJ OIG issued its Semiannual Report to Congress for the period of 4/1/09 – 9/30/09. The report includes the results of investigations of detention centers operated by the Federal Bureau of Prisons.
Immigration Law Advisor, November 2009 (Vol. 3, No. 11)
Immigration Law Advisor with an article on the current status of 212(c) and Abebe v. Holder, federal court activity and BIA precedent decisions for October 2009, and an article on deference to non-precedent decisions from the BIA and Joseph v. Holder.
BIA Finds Stepchild is Qualifying Relative for Evaluating Hardship
The BIA found that a stepchild who meets the definition of a “child” under the INA is a qualifying relative for purposes of establishing exceptional and extremely unusual hardship for cancellation of removal. Matter of Portillo-Gutierrez, 25 I&N Dec. 148 (BIA 2009)
CA3 Finds BIA Ignored Many Atrocities in Asylum Case
The court remanded finding that the BIA failed to consider many atrocities to which petitioner was subjected, testimony that she will be killed if she is returned to Liberia, and documentary evidence. (Sheriff v. Att'y Gen. of the U.S., 11/24/09)