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
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.
ICE Announces New Arrangements for Detainees Relocated from NY Facility
On 2/12/10, ICE announced modified arrangements for detainees who have been relocated from the Varick Federal Detention Facility to the Hudson Federal Detention Facility.
ICE Privacy Act Notice of Modification to Existing System of Records
ICE Privacy Act notice of modification to an existing system of records for the Alien Criminal Response Information Management System of Records. Comments are due 3/26/10. (75 FR 8377, 02/24/10)
CA4 Finds BIA May Determine Non-Aggravated Felony is Particularly Serious Crime for Purposes of Asylum
CA4 denied petition, finding that the BIA may determine that a non-aggravated felony is a particularly serious crime for purposes of asylum through the process of case-by-case adjudication. (Gao v. Holder, 2/23/10).
What to Do When a Supreme Court Expert Calls?
AILA Amicus Committee alert on calls from lawyers offering to prepare petitions for writ of certiorari and handle the case at the Supreme Court. Guest blog by Nancy Morawetz, coordinator of the Supreme Court Immigration Law Working Group at New York University School of Law.
New York Times Issues Interactive List of Immigrant Detention Centers
The New York Times issued an interactive list of jails and detention centers used by Immigration and Customs Enforcement (ICE). The list includes results of annual inspections.
ICE DRO Memo on Removal Goals from The Washington Post
The Washington Post published on its website a memo dated 2/22/10 from ICE Detention and Removal Office Director James M. Chaparro on removal goals.
CA9 Finds Conviction for Receipt of Stolen Vehicle Qualifies as Crime of Moral Turpitude
CA9 denied petition finding that state felony conviction for receipt of a stolen vehicle in violation qualifies categorically as a conviction for an aggravated felony, but not as a crime involving moral turpitude. (Alvarez-Reynaga v. Holder, 2/19/10)
Notes on Nijhawan v. Holder
AILA Amicus Committee alert on Nijhawan v. Holder and the notion of a “circumstance-specific” approach to analyzing offenses.
CA11 Remands Asylum Case Based on Analysis of In-Person Credible Death Threat
CA11 vacated and remanded asylum case, finding that a credible death threat made in person by one with the ability to carry out that threat rises to the level of persecution. (Diallo v. Holder, 2/19/10)
BIA on Application of the Modified Categorical Approach to Conviction Assessment
The BIA held that in applying the modified categorical approach to assess conviction, it is proper to consider police reports’ contents as part of conviction record if incorporated into plea or admitted by alien in criminal proceedings. Matter of Milian-Dubon, 25 I&N Dec. 197 (BIA 2010)
CA9 Finds Lack of Jurisdiction to Review BIA Discretionary Denial for Abuse of Discretion
CA9 found lack of jurisdiction to review for abuse of discretion BIA’s discretionary denial of petitioner’s motion to accept untimely brief because there is no meaningful standard against which to judge agency’s exercise of discretion. (Zetino v. Holder, 2/18/10)
CA2 on “Continuous Physical Presence” and Cancellation of Removal
The court found that for purposes of cancellation of removal eligibility, petitioner’s arrest and conviction for illegal entry interrupted the period of “continuous physical presence.” (Ascencio-Rodriguez v. Holder, 2/17/10)
BIA on Cancellation of Removal Stop-Time Rule
The BIA held that when continuous residence stops upon commission of an offense pursuant to INA §240A(d)(1), the accrual of continuous residence does not restart upon the alien’s departure and re-entry into the U.S. Matter of Nelson, 25 I&N Dec. 410 (BIA 2011)
BIA Establishes Temporary “Grace Period” for Weather-related Filing Delays
BIA affords temporary “grace period” for weather-related delays for filings due between 2/5/10 and 2/18/10.
CA8 Finds Corroborated Confession Sufficient Evidence to Support Illegal Re-entry Conviction
CA8 affirmed defendant's conviction for illegal re-entry, finding defendant's corroborated confession was sufficient evidence to support the jury verdict. (United States v. Fajardo-Fajardo, 2/12/10)
DHS Supplemental Brief in Matter of Garcia-Arreola
DHS Principal Deputy General Counsel David Martin filed a brief in Matter of Garcia-Arreola suggesting that the Matter of Saysana ought to be clarified. AILA also filed an amicus brief in the same matter.
First Removals Executed under New Hampshire Rapid REPAT Program
The New Hampshire Department of Corrections announced the transfer of the first eligible parolees to the jurisdiction of ICE to be deported through a new agreement between NH and ICE under the Rapid REPAT (Removal of Eligible Parolees Accepted for Transfer) program.
CA7 on the Jurisdictional Exception in 8 U.S.C. § 1503(a) Action for Declaration of Nationality
CA7 reversed dismissal for lack of subject matter jurisdiction, finding jurisdictional exception in 8 U.S.C. § 1503(a) was directed at individuals whose claims of nationality were being or had been litigated fully in removal proceedings. (Ortega v. Holder, 2/11/10)
CA7 Finds Motion to Reopen Time-Barred Where No Basis Offer to Excuse Delay
CA7 affirmed denial of motion to reopen by departed alien, finding that petitioner’s motion was unquestionably time-barred where petitioner offered no basis to excuse a six-plus year delay in moving to reopen. (Munoz de Real v. Holder, 2/11/10)
AILA Signs on to Carachuri Amicus Brief
AILA Amicus Committee alert that AILA signed on to an amicus brief submitted in Carachuri-Rosendo v. Holder, along with 18 other community groups, civil rights organizations, immigration justice organizations, and legal service providers.
EOIR Emergency Stay Telephone System Operating Despite Weather Related Closures
AILA confirms that despite the severe weather in the Washington, DC, area, the BIA continues to staff the Emergency Stay telephone system.
TRAC Report on the $24 Billion Spent by ICE
TRAC released a report which analyzes ICE records about detainees from FY2005 through the first quarter of FY2010. The report found that funding increases by Congress contributed to a 64% increase in the number of individuals ICE detained from FY2005 to FY2009.
CA6 Grants Withholding under INA and Denies CAT Claim in Police Abuse Case
CA6 granted withholding of removal under INA and denied CAT claim, holding that evidence compels finding that Algerian police abused petitioner for suspected political affiliation and that the abuse constituted persecution. (Haider v. Holder (2/10/10).
CA9 Applies Categorical Approach and Holds Indecent Exposure Not a Crime of Moral Turpitude
CA9 applied the categorical approach and held that indecent exposure under California law is not categorically a crime of moral turpitude. (Nunez v. Holder, 2/10/10)