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 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)
Parlak and the Persecutor Bar
AILA Amicus Committee alert on Parlak v. Holder.
CA9 Finds Failure to Consider Country Conditions Constitutes Reversible Error in CAT Case
CA9 granted petition as to CAT relief application and remanded finding failure to consider evidence of country conditions constitutes reversible error and IJ and BIA erred by construing “government acquiescence” too narrowly. (Aguilar-Ramos v. Holder, 2/4/10)
Third Circuit – Social Group Analysis
AILA Amicus Committee alert on Valdaviezo-Galdamez v. Holder.
Kawashima III
AILA Amicus Committee alert on Kawashima III, where the Court applied a circumstance-specific approach without remanding it to the Board for consideration.
Tenth Circuit Holds K-2 Visa Holders Do Not “Age-Out” for Purposes of Adjustment of Status.
AILA Amicus Committee alert on Colmenares Carpio v. Holder, in which the tenth circuit court held that K-2 visa holders do not “age-out” for purposes of adjusting.
Bayo: A Constitutional Victory
AILA Amicus Committee alert on Bayo v. Napolitano, where the Court found that there must be some process to assure that Visa Waiver Program waivers are knowing and voluntary, although it speculated that the newly implemented waiver process may resolve the issue.
Immigration Law Advisor, January 2010 (Vol. 4, No. 1)
Immigration Law Advisor, a legal publication from EOIR, with an article on waiver relief for refugees who engaged in criminal activity, federal court activity for December 2009, an article on the motions to reopen and IIRIRA, recent BIA precedent decisions, and a regulatory update.
CA8 Finds Unlawful Use of SSN Constitutes Crime Involving Moral Turpitude
CA8 denied petition, finding that conviction for unlawfully using social security number under 42 U.S.C. § 408(a)(7)(A) constituted crime involving moral turpitude.(Lateef v. Dep’t of Homeland Security, 1/29/10)
BIA on “Changed Circumstances” Related to Asylum Application Filing Delays
The BIA held that the particular circumstances related to delays in filing an asylum application must be evaluated to determine whether the application was filed “within a reasonable period given those ‘changed circumstances.’” Matter of T-M-H- & S-W-C-, 25 I&N Dec. 193 (BIA 2010)
BIA on Family Violence Battery Conviction
In an unpublished decision, the BIA remanded, finding respondent's family violence battery conviction is not aggravated felony crime of violence because term of imprisonment of at least one year was not imposed. Courtesy of Mark Newman.
USCIS Fraud Referral Sheet
USCIS Fraud Referral Sheet which was submitted into evidence by ICE during removal proceedings.
CA7 Finds Repeal of INA §212(c) Not Impermissibly Retroactive
CA7 denied petition, finding petitioner deportable due to his conviction of counterfeiting over two decades ago and holding that repeal of INA § 212(c) is not impermissibly retroactive. (Canto v. Holder, 1/28/10)
CA9 on Burden to Show Conviction of a Disqualifying Controlled Substance Offense
CA9 granted in part and remanded for further proceedings consistent with Sandoval-Lua to permit government to put forth reliable evidence to show petitioner was convicted of disqualifying controlled substance offense. (Esquivel-Garcia v. Holder, 1/28/10)
Sign-On Letter Urging ICE to Take Immediate Steps in Response to Detainee Deaths
AILA and AIC joined other organizations in a letter to ICE Assistant Secretary Mr. John Morton on ICE’s response to detainee deaths that urges and provides short-term recommendations for immediate concrete steps to bring greater accountability.
CA9 Finds Material Witnesses for Government Do Not Constitute Protected Social Group
The court denied application for asylum, withholding of removal and relief under CAT, finding that material witnesses for the government do not constitute a protected social group (Velasco-Cervantes v. Holder, 1/27/10)
ORR State Letter on "Cuban and Haitian Entrants" Eligibility for ORR-Funded Benefits and Services
ORR issued a state letter that reviews the definition of "Cuban and Haitian entrant" as it applies to Haitian nationals and clarifies the acceptable documentation these individuals may present when they apply for ORR-funded benefits and services.
BIA Reaffirms Matter of Briones on Ineligibility for §245(i) Adjustment of Status
The BIA held that an alien who is inadmissible under INA §212(a)(9)(C)(i), is ineligible for adjustment of status under INA §245(i). Matter of Briones, 24 I&N Dec. 355 (BIA 2007) reaffirmed. Matter Diaz and Lopez, 25 I&N Dec. 188 (BIA 2010)
BIA on Stepparent Qualification as “Parent” to Establish Hardship under INA §240A(b)(1)(D)
The BIA held that a stepparent who qualifies as a “parent” under INA §101(b)(2), at time of proceedings is a qualifying relative for purposes of establishing exceptional and extremely unusual hardship for cancellation of removal under INA. Matter of Morales, 25 I&N Dec. 186 (BIA 2010)
Fact Sheet on EOIR’s Legal Orientation and Pro Bono Program
On 1/27/10, EOIR issued a fact sheet on its Legal Orientation and Pro Bono Program, which includes four initiatives: the Legal Orientation Program (LOP), the BIA Pro Bono Project, the Unaccompanied Alien Children Initiative and the Model Hearing Program.
Matter of Neto
AILA Amicus Committee alert on Matter of Neto, where the Board held that Immigration Judges and the Board have jurisdiction to determine whether a job is “portable” under INA 204(j).
Matter of T-, Oral Argument at BIA
AILA Amicus Committee alert on oral arguments in Matter of T-, a case in which AILA appeared as amicus along with the American Immigration Council and the Northwest Immigrant Rights Project.
CA4 Finds IJ Committed Substantial Legal Error in Rejecting Certain Corroborating Evidence of Asylum Applicant
CA4 granted petition for review, vacated BIA decision, and remanded asylum case, finding that IJ committed substantial legal error in rejecting certain of petitioner’s corroborating evidence (Marynenka v. Holder, 1/25/10).
CA4 Finds District Court Lacks Jurisdiction to Consider Denial of Adjustment of Status
CA4 held that the district court lacked jurisdiction to entertain petitioner’s challenge to USCIS District Director’s eligibility determination and denial of adjustment of status. (Lee v. United States Citizenship and Immigration Services, 1/25/10).
CA6 Finds Convictions under 18 U.S.C. § 371 and 1001 Constitute Aggravated Felonies
CA6 held that petitioner's convictions under 18 U.S.C. § 371 and 1001 for making and conspiracy to make, false statements to a U.S. agency constituted aggravated felonies, rendering him ineligible for cancellation of removal. (Kellerman v. Holder (1/25/10).