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 Finds Death of Petitioning Spouse in Conditional Period Excuses I-751 Joint Filing Requirement
The BIA held that a conditional permanent resident seeking to remove conditional basis of status, who timely filed and appeared for interview, doesn’t need separate hardship waiver if petitioning spouse died in the two-year conditional period. Matter of Rose, 25 I&N Dec. 181 (BIA 2010)
AILA and AIC Amicus Brief Addresses Supreme Court Brand X Decision
AILA, AIC, and Northwest Immigrants Rights Project, submitted an amicus brief in the Supreme Court case In Re Tan, arguing that the BIA must follow 9th Circuit law because the “disfavored group” analysis is mandated by the plain, unambiguous language of the statute.
If You’re Not Outraged By ICE Detention Policies, You’re Not Paying Attention
Buried in the local news section of the New York Times on Wednesday was yet another disturbing report about the treatment of immigrant detainees by US Immigration and Customs Enforcement. http://bit.ly/5df4fp. Detainees at the Varick Street Detention Center in Lower Manhattan reportedly went on a hu
ICE Releases List of Deaths in Detention
As a result of a FOIA request, ICE recently released a list of non-citizens that have died in immigration detention.
BIA Vacates Matter of Perez-Vargas; Finds IJs Have Jurisdiction Over §204(j) Portability Decisions
The BIA held that IJs can decide if an I-140 petition remains valid under INA §204(j) after the beneficiary changes jobs or employers. BIA adopted arguments of AIC, argued in an amicus brief signed by AILA, and the parties. Matter of Neto, 25 I&N Dec. 129 (BIA 2010)
U.S. Sentencing Commission Publishes Amendments to Sentencing Guidelines
The United States Sentencing Commission published proposed amendments to sentencing guidelines that would affect aliens convicted of re-entry violations. Comments are due 03/22/10. (75 FR 3525, 01/21/10)
CA7 Finds VWP Waiver of Due Process Rights Must be Knowing and Voluntary
CA7 held that alien’s waiver through Visa Waiver Program of due process rights to which he or she would otherwise be entitled must be knowing and voluntary. The court denied petition, finding petitioner could not demonstrate prejudice (Bayo v. Napolitano, 1/20/10)
CA9 Holds Physical Removal of Petitioner by U.S. Does Not Preclude Motion to Reopen
CA9 granted petition, finding that BIA cannot deem a motion to reopen or reissue withdrawn by operation of law when the government removes a petitioner before the BIA has ruled on the motion. (Coyt v. Holder, 1/20/10)
CA9 Finds Cal. Penal Code §246 Is Not Categorically a Crime of Violence
The court held that shooting at an inhabited dwelling or vehicle in violation of Cal. Penal Code §246 is not categorically a crime of violence as defined under 18 USC §16(b). (Covarrubias Teposte v. Holder, amended 1/20/11)
Supreme Court Holds that Courts Have Jurisdiction to Review Motions to Reopen
The Court ruled that individuals who seek to reopen their deportation orders have the right to appeal to the federal courts if the immigration court refuses to hear the appeal. (Kucana v. Holder, 1/20/10)
ICE Testimony and Suggestions for Federal Sentencing Guidelines Changes
On 1/20/10, ICE testified before the U.S. Sentencing Commission. ICE suggestions included raising the base level of the alien smuggling offense, updating penalties to reflect large-scale immigration operations, and creating an incentive for aliens to agree to stipulated removal orders.
CA9 Remands for Determination on Additional Types of Evidence under Nijhawan Standard
CA9 upheld removal order for Akio Kawashima and remanded with respect to Fusako Kawashima for BIA to determine what additional types of evidence may be considered in light of Supreme Court’s holding in Nijhawan v. Holder. (Kawashima v. Holder, 1/17/10)
Statement by Homeland Security Secretary Janet Napolitano: Disaster Response in Haiti
On 01/15/10, DHS Secretary Janet Napolitano made a statement regarding DHS’s disaster response in Haiti, and suspension of removal for individuals from Haiti.
ICE to Suspend the Use of Varick Facility to House Detainees
On 1/14/10, ICE announced that it will suspend its detention operations at the Varick Federal Detention Facility. Detainees currently housed at Varick will move to another facility in the New York metropolitan area.
BIA on Advisals Required Upon Granting Voluntary Departure and Proof of Posting Bond
The BIA remanded for IJ to grant a new period of voluntary departure and to provide required advisals. Matter of Gamero, 25 I&N Dec. 164 (BIA 2010)
CA9 Applies Modified Categorical on Conviction Relating to a Controlled Substance
CA9 denied petition, finding conviction under Cal. Health & Safety Code § 11379(a), qualifies for removal, so long as substance involved is determined to have been controlled substance under the modified categorical approach. (Hernandez-Aguilar v. Holder, 1/12/10)
CA2 Gives Deference to BIA Holding on Asylum and Forced IUDs
The court held that the BIA’s interpretation that involuntary insertion of an IUD is not “involuntary sterilization” and not a per se ground for granting asylum is entitled to deference. (Huang v. Holder, 1/12/10)
CA10 Finds K-2 Visa Holder Over 21 Years-Old Did Not “Age Out”
CA10 held that a K-2 visa holder who timely applies for adjustment of status under INA § 245(d) must be under 21 when he or she seeks to enter the U.S., but not when the adjustment application is finally adjudicated. (Carpio v. Holder, 1/12/10)
Unaccountable Foxes Still Standing Guard Over The Same Inhumane Henhouse
by Lory Rosenberg, AILA Board of Governors member The emerging evidence of DHS's disregard and cover-up of immigrant deaths in detention is unconscionable and belongs on page one of everyone's human rights agenda. Yes, these deaths occurred 2+ years ago, but there has been no meaningful action taken
Immigration Law Advisor, December 2009 (Vol. 3, No. 12)
Immigration Law Advisor, a legal publication from EOIR, with an article on the top twenty immigration cases from 2009, federal court activity for November 2009, recent BIA precedent decisions, and a regulatory update.
Secret Horror Stories: ICE Officials Hid The Truth About Immigrant Deaths In Detention
All Americans should be outraged by the Sunday New York Times report about how ICE officials schemed to cover up the deaths of detainees in detention. http://bit.ly/6p2xlX. The online edition includes a link to a horrifying video of an ICE detainee, Mr. Boubacar Bah, who, after mysteriously sufferin
CA9 on Federal Jurisdiction in Extreme Hardship I-751 Waiver Cases
CA9 concluded that IIRIRA does not bar the court from reviewing whether the respondent has demonstrated “extreme hardship” and is thus eligible for an I-751 waiver of the joint filing requirement to remove the conditions on residence. (Singh v. Holder, 1/8/10)
CA9 Remands Finding Suspended Non-incarceratory Sanction Not “Conviction”
CA9 remanded finding definition of "conviction" 8 U.S.C. §1101(a)(48) does not include criminal judgments whose only consequence is a suspended non-incarceratory sanction. Therefore, petitioner has not been shown to be subject to removal. (Retuta v. Holder, 1/7/10)
BIA on the Rebuttable Presumption of Reciprocal Disciplinary Sanctions
The BIA found that where the respondent was disbarred in New York and he failed to rebut the presumption that reciprocal discipline should be imposed, his suspension for seven years was an appropriate sanction. Matter of Kronegold, 25 I&N Dec. 157 (BIA 2010)
DHS Notice on External Investigations System of Records
DHS notice on the updating and reissuing of a system of records titled, DHS USCIS-009 External Investigations System of Records. Certain categories have been updated to clarify the nature of law enforcement investigatory records maintained by ICE. (75 FR 404, 01/05/10)