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 Grants Petition in Part for Remand on Issue of Religious Persecution
CA9 granted petition in part, finding that the court was required to remand to the BIA to address the questions of whether petitioner would be in danger of persecution on account of his religion or would be entitled to other relief. (Tijani v. Holder, 3/11/10)
AILA Submits Amicus Brief in 9th Circuit U.S.A. v. Aguila-Montes de Oca Case
AILA submitted an amicus brief in the 9th Cir. rehearing of U.S.A. v. Aguila-Montes de Oca, requesting the Court to restore the panel decision or affirm it with clarification that second-stage categorical analysis only applies in the context of divisible statutes.
CA11 Determines Approved I-140 Did Not Make Petitioner Lawful Resident under § 212(h)
CA11 denied petition finding petitioner statutorily eligible for a § 212(h) waiver of inadmissibility because his approved I-140 visa petition did not make him a lawful resident under § 212(h). (Vila v. U.S. Attorney General, 3/10/10)
ICE Removals and Returns by Country as of February 22, 2010
ICE released on its FOIA Electronic Reading Room a spreadsheet of removals and returns by country as of 2/22/10.
CA9 Grants Withholding of Removal Finding BIA Failed to Apply Disfavored Group Analysis
CA9 granted petition with respect to withholding of removal and remanded holding that on this record Christians are a disfavored group in Indonesia and BIA erred in failing to analyze claim according to disfavored group analysis. (Tampubolon v. Holder, 3/9/10)
ICE Detainee Dies at Los Angeles-area Hospital
ICE announced that a person being held pending immigration removal proceedings died on 3/5/10 at Kindred Rehabilitation Hospital in Los Angeles following complications from a brain tumor.
CA9 Affirms Dismissal of Indictment for Illegal Re-entry
CA9 affirmed dismissal of criminal indictment for illegal reentry because government affirmatively and prejudicially misled petitioner as to his statutory right after his removal in absentia to seek to reopen his removal proceedings. (U.S. v. Arias-Ordonez, 3/8/10)
CA8 Affirms Denial Finding 209(c) Waiver Had No Bearing on Removability for Conviction
CA8 found that since the 209(c) waiver in the record dealt only with waiving inadmissibility grounds for the purpose of seeking adjustment of status, it had no bearing on removability for a conviction and due process was not denied. (Freeman v. Holder, 3/8/10).
CA4 on TPS “Continuous Residence” Requirement and Minor Children
The court found that petitioners, who were minor children, were ineligible for Temporary Protected Status (TPS) because they could not satisfy the “continuous residence” eligibility requirement of 8 U.S.C. § 1254a(c)(1)(A). (Cervantes v. Holder, 3/8/10).
Asylum Seekers in the Middle of a 4th Circuit Tug of War
AILA Amicus Committee alert on the view of asylum cases within the Fourth Circuit.
Comment Request Period Extended for Form I-212
USCIS extension of an existing Information Collection; Comment Request for Form I-212, Application to Reapply for Admission into the U.S. after Deportation or Removal. The comment period is extended until 4/5/10. (75 FR 10298, 3/5/10) (74 FR 61358, 11/24/09)
CA4 Finds Lack of Jurisdiction to Review Withholding of Removal Denial and CAT Claim
CA4 dismissed petition, finding lack of jurisdiction to review withholding of removal denials in cases involving certain criminal aliens and lack of jurisdiction over CAT claim due to petitioner’s failure to exhaust administrative remedies (Kporlor v. Holder, 3/5/10).
CA6 Finds Former Gang Member Part of Particular Social Group, Denies Petition
CA6 held BIA erred and respondent was a member of the particular group of former gang members, which is impossible to leave save by rejoining the organization. Court denied petition finding him statutorily ineligible for withholding. (Urbina-Mejia v. Holder, 3/5/10).
CA7 on Retroactive Relief and the Ten-Year Bar
CA7 denied petition, affirming BIA ruling that an application for retroactive adjustment of status cannot be granted when the effect would be to lift the ten-year bar. (Gonzalez-Balderas v. Holder, 3/5/10)
CA2 Finds INA §241(a)(5) Not Impermissibly Retroactive as Applied to Petitioner
The court found that INA §241(a)(5) is not impermissibly retroactive as applied to Petitioner, does not deprive him of due process, and forecloses him from applying for certain additional types of relief. (Herrera-Molina v. Holder, 3/3/10)
EOIR FY2009 Statistical Year Book
EOIR announced that it has released its Fiscal Year 2009 Statistical Year Book. Hard copies of the publication are not currently available to the public, but a user-friendly version is available on the EOIR website.
CA2 Remands, Finds Errors in Consideration of Political Persecution Claim
The court found that the treatment of Petitioner's claim of political persecution based on his act of reporting official corruption to an international human rights organization was based on substantial errors. (Carranza-Fuentes v. Holder, 3/2/10)
CA5 Affirms Finding Agency’s Decision to Issue LEC Discretionary in U Visa Case
CA5 affirmed district court grant of motion to dismiss in a U Visa case finding that a law enforcement agency’s decision to issue a “law enforcement certification” (LEC) is discretionary. (Orosco v. Napolitano, 3/2/10)
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.
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.
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)
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)
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.