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
CA1 Affirms Denial of Indonesian Christian Withholding Claim
The court found that the immigration judge adequately addressed reports of country conditions in Indonesia and the testimony of each witness, and did not err in denying withholding of removal. (Pakasi v. Holder, 8/18/09)
TRUST Coalition Meeting Notes (8/14/09)
The Texas Residents United for a Stronger Texas (TRUST Coalition) meeting on 8/14/09 included topics such as the AG Opinion on in-state tuition for undocumented students, an update on family detention, and an update on comprehensive immigration reform.
Privacy Impact Assessment for ICE’s Fugitive Case Management System (FCMS)
This Privacy Impact Assessment studies the Fugitive Case Management System, an ICE database that processes, tracks, and stores information about aliens who fail to leave after receiving a final order of removal, deportation or exclusion, or who failed to report to ICE after receiving a notice.
ICE Announces Immigration Detention Reforms
On 8/6/09 ICE announced plans to reform immigration detention to move away from a jail-oriented approach. The fact sheet and press release state that ICE will create an Office of Detention Policy and Planning, and design immigration detention-specific facilities.
CA1 Says Counsel Was Not Ineffective
The court upheld the denial of Petitioner’s motion to reopen based on ineffective assistance of counsel, finding that prior counsel was not ineffective and that Petitioner did not comply with Lozada. (Punzalan v. Holder 8/5/09)
CA2 Affirms Withholding Denial for Lack of Corroboration
Finding that Petitioner failed to provide evidence corroborating his testimony, the court held that Petitioner failed to meet his burden for withholding of removal. (Liu v. Holder, 8/5/09)
CA9 Applies Categorical Approach and Finds California Drug Offense Renders Individual Removable
Applying the modified categorical approach, the court held that a conviction under California Statute Section 11352(a) is a violation of a controlled substance law, rendering the individual removable. (Mielewczyk v. Holder, 8/5/09)
CA9 Remands to BIA for Consideration of REAL ID Act Corroboration Standard
Court held that corroboration standard in REAL ID Act applies to CAT application filed after effective date of Real ID ACT. The court remanded to BIA for consideration of REAL ID ACT corroboration standard. (Owino v. Holder, 8/4/09)
Attorney General Appoints John H. Guendelsberger as New BIA Member
Attorney General Eric H. Holder, Jr., announced on August 3, 2009, the appointment John H. Guendelsberger as a new member of the Board of Immigration Appeals (BIA).
A Tale of Two Villages
Take 15 minutes today and watch this very moving Frontline documentary about the devastating effect of the Postville, Iowa ICE raid on the town and on the two villages in Guatemala where the immigrants came from. http://bit.ly/GWBVu The Postville operation was the largest ICE raid in U.S. history an
DHS 2008 Yearbook of Immigration Statistics
A compendium of tables with data on foreign nationals who, during FY2008, were granted lawful permanent residence, were admitted on a temporary basis, applied for asylum or refugee status, or were naturalized. The Yearbook also presents data on immigration law enforcement actions.
Immigration Law Advisor, July 2009 (Vol. 3, No. 7)
Immigration Law Advisor, a legal publication from EOIR, with an article on moral turpitude after Silva-Trevino, federal court activity for June 2009, recent BIA precedent decisions, and a regulatory update.
BIA Remands after IJ Granted Pre-Hearing Voluntary Departure Without Waiver
In an unpublished decision, the BIA sustains appeal and remands, after finding that the IJ granted pre-hearing voluntary departure under INA § 240B(a) and 8 CFR §1240.26(b) without securing the appellant’s explicit waiver of appellate rights as required. Courtesy of Gurpatwant S. Pannun.
CA8 Finds 212(c) Relief Does Not Require Reliance on Pre-1996 Law
The Court held that eligibility for 212(c) relief in removal proceedings does not require a plea agreement in reliance on pre-1996 law. Individual with pre-1996 conviction may still be eligible for 212(c) relief. (Lovan v. Holder, 7/31/09)
Senators Introduce Two Bills Aimed at Reforming Immigration Detention
On 7/30/09, a group of Democratic Senators introduced the Protect Citizens from Unlawful Detention Act (S. 1549) and the Protect Citizens from Unlawful Detention (S.1550).
AILA Applauds Today’s Congressional Effort to Reform Detention Legislation
AILA applauds Senators Menendez (D-NJ) and Kirsten Gillibrand (D-NY) for bringing forth a package of legislation to reform our country's detention system.
ICE Detainee Dies in South Carolina
On July 24, 2009, a detainee, being held by ICE on immigration violations in South Carolina, died. An autopsy is being conducted.
CA7 Finds BIA Violated Applicant's Statutory Right to a Reasonable Opportunity to Present Evidence of Eligibility
CA7 finds that, once the BIA assumed IJ’s error in disregarding the motion for a continuance, it should have remanded the case to allow the IJ to consider the additional evidence or addressed the petitioner’s alternative ground for eligibility as a matter of law. (Figueras v. Holder, 7/27/09)
CA5 Rejects Argument that Post-Departure Bar is Contrary to IIRIRA Provisions
CA5 finds the petitioner may not rely on 8 U.S.C. §1229a(c) to challenge the post-departure bar in 8 CFR §1003.2(d), which the BIA interpreted as overriding its sua sponte authority to reconsider or reopen the petitioner’s case. Denies petition for review. (Ovalles v. Holder, 7/27/09)
BIA on Adjustment Based on a Marriage Entered into While in Removal Proceedings
The BIA held that a MTR to apply for adjustment based on marriage after the commencement of removal proceedings may not be denied under the Matter of Velarde’s fifth factor based on the mere fact that the government opposes the motion. Matter of Lamus, 25 I&N Dec. 61 (BIA 2009)
Acting EOIR Director Snow Responds to NYT Article Regarding Stress Suffered by Overburdened IJs
EOIR posted a letter from Thomas Snow, Acting Director, EOIR, to the editor of The New York Times regarding a 7/10/09 article titled “Immigration Judges under Strain.”
BIA on Deportation Orders Issued in Absentia
The BIA held that an individual's departure while under an outstanding order of deportation or removal issued in absentia does not deprive the IJ of jurisdiction to entertain a MTR to rescind the order if the motion is premised upon lack of notice. Matter of Bulnes, 25 I&N Dec. 57 (BIA 2009)
BIA Finds a Reasonable Inference of Marriage Fraud Is Not Substantial and Probative
In an unpublished decision, the BIA held that misrepresentation of the viability of a marriage does not mean the marriage was fraudulent, and a reasonable inference of marriage fraud is not substantial and probative. Courtesy of Scott Devore.
Immigration Law Firm Indicted for Conspiracy to Commit Alien Smuggling and Visa Fraud
The U.S. District Court for the District Court of Utah, Central Division, issued an indictment of The Alcala Law Firm, on charges of conspiracy to commit alien smuggling and visa fraud. (United States v. The Alcala Law Firm, PC, 7/22/09)
BIA Finds Notice of Hearing Was Not Properly Served
In an unpublished decision, the BIA grants motion and rescinds in absentia removal order, finding that notice of hearing was not properly served, as it was given to the attorney who appeared for the respondent at the hearing, but the respondent had not retained him. Courtesy of Gurpatwant S. Pannun.