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
ICE Issues Secure Communities Fact Sheet
ICE issued a fact sheet on Secure Communities that includes brief information fingerprint checks, allegations of racial profiling, prioritization of Level 1 offenses, and IDENT/IAFIS interoperability.
CA7 on Imputed Political-Opinion and China’s One-Child Policy
CA7 granted petition and remanded, recognizing that an asylum claim alleging persecution for resistance to a coercive population-control program under § 1101(a)(42)(B) may rely in part on a parent’s persecution for resisting that program. (Chen v. Holder, 4/28/10)
CA2 on Lozada and Ineffective Assistance of Counsel
The court upheld the BIA's denial of Petitioner’s motion to reopen based on ineffective assistance of counsel, finding that Petitioner failed to comply with the requirements of Lozada. (Debeatham v. Holder, 4/28/10)
CRS Report: Unauthorized Aliens in the United States
The Congressional Research Service (CRS) issued a report on undocumented immigrants in the U.S. including information on demographics, current law, and policy options.
CA2 Finds Ineffective Assistance of Counsel May Excuse Failure to Exhaust
The court vacated the district court judgment and held that the administrative exhaustion requirement of INA §276(d)(1) can be excused when an alien has received ineffective assistance of counsel. (USA v. Cerna, 4/27/10)
CA9 on the Definition of “Admitted” under § 212(h)
CA9 denied petition, finding that because petitioner was “admitted” as an LPR in the sense of being inspected and authorized at the port of entry, but later convicted, he is barred from § 212(h) relief. (Sum v. Holder, 4/23/10)
CA9 on the Definition of “Admitted” under § 212(h)
CA9 denied petition, finding that because petitioner was “admitted” as an LPR in the sense of being inspected and authorized at the port of entry, but later convicted, he is barred from § 212(h) relief. (Nunez-Reyes v. Holder, 4/23/10)
EOIR Expands Benchbook with Mental Health Issues Section
EOIR announced that it added a section on mental health issues to the Immigration Judge Benchbook. This new section includes and overview of competency issues, a guide for addressing competency issues in removal proceedings, sample orders, and a resource guide.
DHS PIA on the Alien Criminal Response Information Management System
DHS issued a Privacy Impact Assessment (PIA) on the Alien Criminal Response Information Management System (ACRIMe), an information system used by ICE to support law enforcement activities at the ICE Law Enforcement Support Center and other ICE locations.
AILA Liaison/NSC Stakeholder Call Q&As– Refugee/Asylee Product Line (4/22/10)
The NSC Liaison Committee reports "unofficial" questions and answers from a recent stakeholder meeting. Topics include I-589 for detained unaccompanied minors, I-131s, I-90s, I-730s, TRIG/Material Support, Somali Documents, I-485 Refugee, Liberian Hold, Lockbox, and more.
CA9 on Joint Petition and Good Faith Marriage Requirements
CA9 held that petitioner was not entitled to LPR status, finding IJ and BIA ruling supported by substantial evidence, where wife withdraw her support and INS determined that he had not entered into the marriage in good faith. (Hammad v. Holder, 4/22/10)
BIA on Removability for Conviction of Conspiracy to Commit Aggravated Felony
The BIA held that an alien only convicted of conspiracy to commit an aggravated felony and removable on the basis of that conviction under the INA may not also be found removable for underlying substantive offense. Matter of Richardson, 25 I&N Dec. 226 (BIA 2010)
BIA Finds LPR Who Entered Without Inspection “Admitted” on Status Adjustment Date
The BIA held that an alien who entered without inspection and later obtained LPR status through adjustment of status, must satisfy INA §212(h) residence requirement for inadmissibility waiver eligibility. Matter of Koljenovic, Int. Dec. 3677, 25 I&N Dec. 219 (BIA 2010)
DHS Urges BIA to Vacate Matter of Shanu
Agreeing with the American Immigration Council, DHS urges BIA to overturn Matter of Shanu, which holds that “any admission” qualifies under INA §237(a)(2)(A)(i) (deportation ground based upon a conviction of a CIMT within five years of admission). (Matter of Alyazji, 4/21/10)
CA9 Finds Marriage Fraud Covered By Fraud Waiver
CA9 granted petition and remanded, holding that an alien whose legal status as the spouse of a citizen is later terminated because the marriage was fraudulent is eligible for discretionary relief from removal. (Vasquez v. Holder, 4/19/10)
DOJ OIL Immigration Litigation Bulletin March 2010
The DOJ OIL Immigration Litigation Bulletin for March 2010 includes case summaries, an article on the viability of “exceptions” to the INA’s exhaustion requirement after the Supreme Court’s Bowles decision and highlights from the EOIR FY2009 Statistical Year Book.
CA9 Remands, Finding BIA Erred in Denial of CAT Claim
CA9 granted petition, finding that the BIA’s reasoning appears to be at odds with the IJ’s decision, petitioner’s credible testimony, and judicially-noticeable facts. The court remanded to BIA for a clearer explanation of its decision. (Eneh v. Holder, 04/15/10)
CA3 Finds No Jurisdiction to Review “Extreme Cruelty” Determination
The court joined several other circuits in holding that the “extreme cruelty” determination for special rule cancellation of removal for battered spouses is discretionary and not subject to judicial review. (Johnson v. Att'y Gen. of the U.S., 4/16/10)
IJ Grants Asylum to Indonesian Woman Citing Sexual Harassment
The IJ granted asylum to an Indonesian woman who had experienced discrimination and sexual harassment due to her Chinese ethnicity, as well as persecution on account her membership in the Christian religion. Courtesy of Sun Jin Jung.
CA1 Finds "Young Women Who Resist Gang Recruitment" Is Not a Social Group.
The court held that "young women who resist gang recruitment" do not constitute a legally cognizable social group because the proposed group lacks social visibility and is not sufficiently particular. (Mendez-Barrera v. Holder, 4/15/10)
ICE Testimony on the Southwest Border and the Challenges DHS Continues to Face
On 4/14/10, ICE Assistant Secretary John Morton testified before the House Committee on Appropriations on ICE’s FY2011 budget request for operations on the southwest border. ICE requested a 2% increase of $80 million over its FY2010 budget.
CA9 Finds IJ Erred by Considering Her Bond Hearing Notes during Removal Hearing
CA9 granted petition and remanded asylum case, finding that IJ, who presides over the same petitioner’s bond hearing and removal hearing, may not use her notes from the unrecorded bond hearing in reaching her removal hearing decision. (Joseph v. Holder, 4/14/10)
CA3 Upholds BIA Interpretation of 8 CFR §1239.2(f) on Prima Facie Naturalization Eligibility
The court deferred to the BIA's interpretation that 8 CFR §1239.2(f) requires DHS to present an affirmative communication on prima facie naturalization eligibility before termination of removal proceedings. (Zegrean v. Att'y Gen. of the U.S., 4/13/10)
Detention Officer Sentenced for Repeated Sexual Abuse of Detainees
DOJ announced that U.S. District Judge Gray H. Miller sentenced Robert Luis Loya, a former guard at the Port Isabel Detention Center, to three years in prison and five years of supervised release for violating the civil rights and the sexual abuse of females in his custody.
CA9 Upholds BIA Finding that “Drug Trafficking Crime” Does Not Require Firearm Use
CA9 denied petition, holding that the use of a firearm is not a necessary element of a “drug trafficking crime” for the purpose of determining whether an alien has been convicted of an “aggravated felony.” (Lopez-Jacuine v. Holder, 4/12/10)