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, October 2009 (Vol. 3, No. 10)
Immigration Law Advisor, a legal publication from EOIR, with an article on the meaning of “admission” and “admitted” in the INA, federal court activity for September 2009, immigration in the October 2009 term of the Supreme Court, recent BIA precedent decisions, and a regulatory update.
AILA/ICE Liaison Meeting Minutes (10/30/09)
Minutes from the AILA/ICE Liaison Committee meeting on 10/30/09, address: detention reforms, transfers, motions to reopen, prosecutorial discretion and more.
BIA Finds Plea Agreement Controls in Determining Eligibility for Former §212(c) Relief
The BIA held that in determining whether the alien is eligible for a waiver under former INA § 212(c), the date of the alien’s plea agreement, rather than the date of sentencing, is controlling. Matter of Moreno-Escobosa, 25 I&N Dec. 114 (BIA 2009)
Law Firm President Given Ten Months in Prison for Role in Visa Fraud Scheme
Court documents and press releases relating to an ICE, FDNS, and DOL investigation of a California law firm for the filing of at least 137 fraudulent immigration petitions for nearly 100 clients between 1996 and 2009. (U.S. v. Giles, 10/29/09)
CA6 Finds IJ Has Authority to Determine Frivolousness of a Time-Barred Asylum Application
The court finds that IJs have the authority to make a frivolousness finding in the context of a time-barred asylum application. The court denies the petition for review. (Ghazali v. Holder, 10/29/09).
BIA on Authority to Reopen Removal Proceedings
The BIA held that it generally lacks authority to reopen final exclusion, deportation, or removal proceedings where an alien seeks to pursue relief over which neither the Board nor the IJ has jurisdiction. Matter of Yauri, 25 I&N Dec. 103 (BIA 2009)
CA10 Denies Petition for Review based on Precedent in Rosillo-Puga v. Holder
CA10 denied petition for review finding it is bound by Rosillo-Puga v. Holder, in which it concluded that the BIA reasonably determined 8 CFR §1003.2(d) divests it of jurisdiction to entertain motions to reopen removal proceedings of deported aliens. (Mendiola v. Holder, 10/28/09)
AILA/EOIR Liaison Q&As (10/28/09)
EOIR Q&As from the AILA EOIR Liaison Committee meeting on 10/28/09, addressing access to counsel, asylum officer assessment introduced into record, fraud/misrepresentation waivers, hearing information over 1-800 number, renewal of I-485 in proceedings, bond hearings, I-130 appeal delays, and more.
Person Detained by ICE Passes Away at Boston Hospital
On 10/19/09, Pedro Juan Tavarez, a 49-year-old national of the Dominican Republic being held on immigration violations, passed away at Brigham and Women's Hospital in Boston, MA.
BIA Applies "Rollback Provision" under Cuban Adjustment Act
The BIA held that in determining removability for an alien whose adjusted under the Cuban Adjustment Act and is convicted of a CIMT within five years after the “date of admission,” the date is calculated according to the rollback provision. Matter of Carrillo, 25 I&N Dec. 99 (BIA 2009)
DOJ OIL Immigration Litigation Bulletin June – July 2009
DOJ OIL issues Immigration Litigation Bulletin for June – July 2009. The publication is intended to keep litigating attorneys within the DOJ and DHS informed about immigration litigation matters.
ICE Announces Standardized 287(g) Agreements
On October 16, 2009, ICE announced standardized memoranda of agreement for state and local law enforcement agencies participating in the 287(g) program. Following the announcement is a list of local and state law enforcement agencies that are participating.
BIA Finds IJ Has Authority to Review and Modify DHS Conditions of Release
The BIA held that an IJ has authority to review and consider whether to modify the conditions of release imposed on an alien by DHS. BIA dismisses DHS appeal. Matter of Garcia-Garcia, 25 I&N Dec. 93 (BIA 2009)
CA7 Upholds Decision that Conviction of Fraud in Connection with Identification Documents is Crime Involving Moral Turpitude
CA7 finds that the BIA reasonably determined that fraud in connection with identification documents is a crime of moral turpitude. The Court finds that no matter his motives, petitioner was engaged in a crime that involves inherently deceptive conduct. (Lagunas-Salgado v. Holder, 10/13/09)
USCIS Memo on Additions to AFM on the Adjudication of Form I-751
Memorandum providing guidance to USCIS Immigration Field Officers on the adjudication of Form I-751, Petition to Remove Conditions on Residence where the CPR has a final order of removal, is in removal proceedings, or has filed an unexcused untimely petition or multiple petitions.
BIA on Jurisdiction over Arriving Aliens Seeking Adjustment of Status
The BIA held that IJs have no jurisdiction to adjudicate an adjustment filed by an arriving alien, with the exception of an alien in removal proceedings after returning with an advance parole to pursue a previously filed application. Matter of Silitonga, 25 I&N Dec. 89 (BIA 2009)
BIA Finds Crewman Ineligible for Cancellation of Removal
The BIA held that an alien who entered the U.S. pursuant to a crewman’s visa for the purpose of obtaining employment as a crewman is statutorily ineligible for cancellation of removal. Matter of G-D-M-, 25 I&N Dec. 82 (BIA 2009)
AILA Applauds the Obama Administration’s Plans to Improve Immigration Detention System
AILA applauds the Obama Administration's efforts to repair the scandal-plagued immigration detention system by consolidating detainees in facilities that reflect their status as non-criminals, providing sound medical care, and establishing more centralized oversight of detention centers.
ICE Report on Immigration Detention
On 10/6/09, ICE released a report authored by Dr. Dora Schriro, former Director of the Office of Detention Policy and Planning, providing an overview and recommendations for immigration detention, and comparing the immigration detention population with the criminal incarceration system.
Secretary Napolitano and Assistant Secretary Morton Announce New Immigration Detention Reform Initiatives
DHS Secretary Janet Napolitano and ICE Assistant Secretary John Morton announced new initiatives to reform immigration detention. A fact sheet about the new detention reform initiative follows the press release.
Getting To A “Truly Civil Detention System”
The problem with “Immigration Detention“ is that, at bottom, it requires the incarceration of immigrants for civil violations, whether or not they are dangerous criminals who would do the public harm.The point of immigration detention, so Congress has declared, is not to punish, but to ensure
CA3 Rejects Silva-Trevino Approach
The court concluded that the petitioner was not convicted of a crime involving moral turpitude, and applied its established methodology for analyzing CIMTs, rather than the approach adopted by the AG in Silva Trevino. (Jean-Louis v. Holder, 10/6/09)
EOIR Fact Sheet: Who Can Represent Aliens in Removal Proceedings
The Executive Office of Immigration Review Released a Fact Sheet outlining who may represent individuals in removal proceedings.
ICE Policy Directive: Notification and Reporting of Detainee Deaths
A 10/01/09 ICE policy directive that provides guidance on the policy and procedures to follow when providing initial notification and ongoing reporting of the death of a detainee in the custody of ICE.
Immigration and The Media—A Public Forum, A Spirited Debate, and An Excellent Meal
Are they “illegal aliens“ or “undocumented noncitizens“?Are representatives of certain anti-immigrant groups credible media sources or racist hate mongers not to be quoted by credible print and electronic media?What is the role of responsible journalism in the public debate about our bad