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 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
CA9 Finds it Lacks Jurisdiction to Review BIA Decision Dismissing Untimely Notice of Appeal
CA9 dismisses appeal for lack of jurisdiction since the BIA’s denial of petitioner’s motion to reconsider was an exercise of routine discretion. (Turicos v. Holder, 9/29/09)
CA9 Affirms BIA Decision Finding Lack of Authority to Extend 30-Day Filing Deadline for an Appeal
CA9 finds that, based on Supreme Court precedent, it must defer to the BIA’s reasonable interpretation in Liadov that the agency lacks authority to extend the thirty-day filing deadline for an appeal. (Irigoyen-Briones v. Holder, 9/29/09)
CA7 Affirms Removal Order and Upholds Use of Evidence Gathered in Undercover Investigation
CA7 denies petition for review, finding that the BIA was correct in upholding the IJ’s denial of petitioner’s request to exclude evidence gathered during an undercover investigation. (Krasilych v. Holder, 9/29/09)
MOU Establishes Local Procedures for Repatriation of Mexicans
This MOU between the Consulate General of Mexico, and the Houston field offices of ICE and CBP establishes local procedures for the orderly and safe repatriation of Mexican Nationals from the U.S. to Mexico.
ICE Guidance Regarding U Visa Applicants in Removal Proceedings or with Final Orders of Deportation or Removal
ICE Principal Legal Advisor Peter Vincent issued field guidance to ensure compliance with the TVPRA regarding individuals with pending U visa petitions who are either subject to a final administrative order of deportation or removal and requested a stay of removal or are in removal proceedings.
EOIR Fact Sheet on Fraud and Abuse Program
On 9/25/09, EOIR released a fact sheet outlining its new Fraud and Abuse Program, which aims to identify and refer claims of fraud encountered by EOIR.
ICE Memorandum on Adjudicating Stay Requests Filed by U-Visa Nonimmigrant Status Applicants
A 9/24/09 ICE memo from David Venturella, Acting Director, provides guidance to DRO Field Office Directors about factors to consider when adjudicating Stay of a Final Administrative Order of Removal requests filed by an alien with a pending U Nonimmigrant status petition.
CA7 Affirms Removal Order Based on Attempt to Smuggle: Conviction Not Necessary
The Court held that even absent a conviction, Petitioner was removable for knowingly attempting to smuggle illegal aliens into the country. (Barradas v. Holder, 9/23/09)
CA5 Holds Parents’ Knowledge of Inadmissibility Imputed to Minor Children
CA5 held that Petitioner’s parents’ knowledge of her inadmissibility is imputed to Petitioner even though Petitioner was a minor at the time of Parent’s fraud in the naturalization process. Thus, Petitioner was ineligible for a 212(k) waiver. (Mushtaq v. Holder, 9/23/09)
CA1 Finds Record Sufficient, No Prejudice to Petitioner
The court affirmed the adverse credibility determination and held that regardless of indiscernible sections of the transcript of proceedings, the record was sufficient for review and the petitioner was not prejudiced. (Sihombing v. Holder, 9/22/09)
BIA Finds LPR Eligible for Cancellation of Removal as a Battered Spouse
The BIA held that lawful permanent residents may be eligible to apply for special rule cancellation of removal for battered spouses under section 240A(b)(2) of the Act per Congressional intent. Matter of Martinez, 25 I&N Dec. 66 (BIA 2009)
BIA Remands Case Where Defendant Appeals In Absentia Order
The BIA sustained the appeal and remanded the case back to the Immigration Judge (IJ) where the IJ ordered the defendant removed in absentia, when the failure to appear only occurred because the defendant was in state custody. Matter of EVRA, 25 I&N Dec. 79 (BIA 2009)
ICE’s Miami Field Office Removes 423 Criminal Aliens in August
Aliens from 36 different countries were removed last month by the Ice Miami Field Office of Detention and Removal. The individuals who were removed had a variety of criminal convictions including assault, burglary, drugs, fraudulent activities, larceny, robbery, sexual assault and weapons.
TRAC Report Shows Immigration Prosecutions at Record Level in FY2009
The latest case-by-case data obtained by the Transactional Records Access Clearinghouse (TRAC) from DOJ for the first nine months of FY2009 indicates that the prosecution of federal immigration cases has continued to surge in the Obama Administration.
Enough Is Enough
CNN has a journalistic obligation to dump Lou Dobbs and his campaign of hate against immigrants. It is unthinkable that a major network would permit someone to build a career based on fear and hatred of human beings.Why the double standard when it comes to immigrants? As Janet Murguia, the President
DHS Agrees with AILF; Urges BIA to Vacate Perez-Vargas
In a brief to the BIA, DHS argues that an immigration judge does have jurisdiction to determine whether a visa petition remains valid for adjustment of status under INA § 204(j) when the applicant changes jobs. Following receipt of the brief, the BIA canceled oral argument on the issue.
Due Process Restoration Now!
There has been a lot of talk recently about what might be included in an immigration reform bill. Will there be a legalization/amnesty/forgiveness of “lawbreakers“ rule? Will there be an expansion of employment based and family based immigrant visa numbers to solve the economically devastating
CA10 Finds Post-Departure Bar Valid Exercise of AG Rulemaking Authority
CA10 denied petition and held that the 8 CFR §1003.23(b)(1) post-departure bar was a valid exercise of the Attorney General's Congressionally-delegated rule-making authority. AILF filed an amicus brief in this case. (Rosillo-Puga v. Holder, 9/15/09)
ICE Memo on Use of GPS Monitoring Devices on Persons who are Pregnant or Diagnosed with a Severe Medical Condition
ICE memo stating that effective immediately, the Alternatives to Detention (ATD) program is discontinuing the use of RF and GPS ankle bracelets on persons whose medical conditions render the use of these devices inappropriate. This includes verifiably pregnant women.
CA1 Finds No Nexus in Guatemalan Social Group Claim
The court affirmed the denial of asylum, finding no nexus between the alleged persecution and Petitioner’s social group, indigenous women. (Caal-Tiul v. Holder, 9/10/09)
CA1 Says Petitioner Not Subject to One-Year Asylum Deadline
The court remanded, finding that Petitioner was not required to file for asylum within one year of entry due to the fact that the requirement did not exist at the time of his arrival. (Lumataw v. Holder, 9/9/09)
CA5 Finds BIA Incorrectly Applied De Novo Review to Deny Good-Faith Hardship Waiver
The Court reverses the BIA decision to overturn the grant of a good-faith hardship waiver and remands. The Court finds that the BIA incorrectly applied de novo review to conclude that the marriage was not entered into in good faith. (Alvarado De Rodriguez v. Holder, 9/9/09)
AILA Liaison/TSC Meeting Minutes (9/09/09)
The 9/9/09 meeting minutes address prematurely approved I-485s, responses to inquiries, I-140 transfers, I-824s, EOIR/IJ receipt and biometrics issues, EB-1 evidentiary standards, EADs, derivative family members, receipt date vs. received date, RFEs, and more.
CA3 Remands Past Persecution Claim To BIA
The court remanded, holding that the BIA’s denial of Petitioner’s past persecution claim was not supported by substantial evidence, where Petitioner presented evidence that she witnessed a brutal assault on a family member. (Camara v. Att'y Gen. of the U.S., 9/4/09)