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
AIC Practice Advisory: The §237(a)(1)(H) Fraud Waiver
An AIC practice advisory on the §237(a)(1)(H) fraud waiver, which provides a discretionary waiver in removal proceedings for certain misrepresentations and fraud. The practice advisory discusses when the waiver is applicable, eligibility requirements, and the relief if waiver is granted.
Orozco Litigation: BIA Remands to Allow DHS to Amend the NTA
Without addressing the continuing validity of Matter of Areguillin, the BIA has remanded Matter of Orozco to allow DHS to amend the NTA. A second case raising the issue of whether an entry based on fraud or misrepresentation can constitute an admission remains pending with the BIA.
CA8 Finds Correct Legal Standard Applied in Hardship Determination
CA8 denies the petitioner’s challenge to the legal standards in the IJ's hardship determination for cancellation, finding that the hardship does not rise to the exceptional standard.(Gomez-Perez v. Holder, 6/22/09)
TRAC Reports Decrease in Asylum Denial Rate Disparities
A TRAC report reveals that judge-by-judge asylum disparities in the Immigration Courts are down. Accompanying this report are over 250 detailed reports providing the year-by-year record of individual Immigration Judges.
BIA Finds False Statement on Passport Application Amounts to Claim of Citizenship
The BIA held that the foreign national was inadmissible at the time of her adjustment application for having falsely represented herself to be a U.S. citizen on a passport application, having claimed birth in Texas. Matter of Barcenas, 25 I&N Dec. 40 (BIA 2009)
TRAC Reports Increase in Immigration Court Case Backlogs
A TRAC report reveals an increase in the number of backlogged cases in the immigration courts. Consequently, there has also been an increase in the length of time a foreign national must wait to have a case resolved, sometimes while in detention.
CA10 Finds It Lacks Jurisdiction to Review Denial of Motion to Reopen Application for Cancellation of Removal
The court found that it cannot review a mertis determination if the BIA considers new evidence submitted in support of a motion to reopen and determines the alien would still not be entitled to a finding of exceptional and extremely unusual hardship. (Alzainati v. Holder, 6/17/09)
CA8 Upholds Determination of Ineligibility for Cancellation of Removal Because of CIMT Conviction
CA8 finds petitioner’s Iowa conviction for operating a motor vehicle while intoxicated would not alone be a CIMT, but his conviction for child endangerment, which requires conscious disregard of risk to the child in his care, is an aggravating factor. (Hernandez-Perez v. Holder, 6/16/09)
ICE Publishes Information Collection on Electronic Bonds Online Access
ICE information collection on Electronic Bonds Online (eBonds) Access. Related forms are Form I-352SA, Surety eBonds Access Application and Agreement and Form I-352RA, eBonds Rules of Behavior Agreement. Comments are due 8/17/09. (74 FR 28517, 6/16/09)
BIA Finds Aged Out Beneficiary Cannot Automatically Convert from Fourth to Second Preference
The BIA held that the automatic conversion and priority date retention provisions of CSPA do not apply as the individual aged out of a fourth-preference petition and cannot retain the earlier priority date because of the difference in petitioner. Matter of Wang, 25 I&N Dec. 28 (BIA 2009)
Supreme Court Finds Categorical Approach Inapplicable for Determining Loss Amount for Fraud Offense
The Court addressed what evidence an IJ may consider to determine removability based on an aggravated felony conviction for an offense that involves fraud or deceit in which the loss to the victim(s) exceeds $10,000. (Nijhawan v. Holder, 6/15/09)
Neufeld Memo Provides Guidance Regarding Surviving Spouses of Deceased U.S. Citizens and Their Children
A June 15, 2009, memo from Donald Neufeld, Acting Associate Director, Office of Domestic Operations, provides guidance on surviving spouses of deceased U.S. Citizens and their children. It describes a new process allowing individuals to apply for deferred action.
BIA Finds Receipt of Stolen Property Conviction An Aggravated Felony
The BIA held that the appellant’s conviction for receipt of stolen property under California statute, with a sentence of more than one year of imprisonment, qualifies categorically as an aggravated felony under INA §101(a)(43)(G). Matter of Cardiel, 25 I&N Dec. 12 (BIA 2009)
CA5 Finds Abuse of Discretion in Reliance upon Adjudication Delay to Deny Continuance
CA5 holds that the IJ abused his discretion by denying the alien’s motion for continuance based solely on the length of the delay in the adjudication of the I-130 petition of which he was the beneficiary. Remands for consideration of the Hashmi factors. (Wu v. Holder, 6/11/09)
Bill Text of Orphans, Widows and Widowers Protection Act
On 6/11/09, Senators Menendez (D-NJ), Gillibrand (D-NY) and Leahy (D-VT) introduced the Orphans, Widows and Widowers Protection Act (S. 1427) which addresses the immigration-related hardships caused by the death of a sponsoring relative.
Due Process for Immigrants, is Due Process for all Americans
This blog post was contributed by AILA Immediate Past President Charles H. Kuck: Attorney General Holder took a step towards restoring a semblance of constitutional protection to all Americans last week, when he overturned the decision of Attorney General Mukasey in Matter of Compean, an Immigration
DHS Announces Interim Relief for Widows of U.S. Citizens
DHS Secretary Janet Napolitano today granted deferred action for two years to widows and widowers of U.S. citizens—as well as their unmarried children under 18 years old—who reside in the United States and who were married for less than two years prior to their spouse’s death.
EOIR Releases Update on 22 Improvement Measures
On 6/5/09, EOIR released a fact sheet regarding its progress in implementing twenty-two improvement measures that were developed in August 2006 to bolster the quality and efficiency of the immigration courts and the BIA.
EOIR Posts Immigration Judge Benchbook Online
DOJ press release announcing that EOIR posted the “Immigration Judge Benchbook” online.
CA1 Refuses to Reopen Where Priority Date Was Not Current
The court found no abuse of discretion in denying the motion to reopen where Petitioner’s priority date was not current at the time the motion was filed, and he was unable to establish prima facie eligibility for adjustment of status. (Oliveira v. Holder, 6/4/09)
CA1 Says IIRIRA Amendment to §212(h) Applies Retroactively
The court found it was the intent of Congress to amend §212(h) under IIRIRA to preclude individuals convicted of aggravated felonies who were in exclusion or deportation proceedings as of the date of enactment. (Gutierrez-Castillo v. Holder, 6/4/09)
CA1 Finds No Jurisdiction to Review BIA’s Due Diligence Finding
The court found no jurisdiction to review the BIA’s finding that Petitioner lacked due diligence in seeking reopening based on ineffective assistance of counsel, where no constitutional claim or question of law was raised. (Neves v. Holder, 6/4/09)
BIA Remands for Enumeration of Ground Relied Upon for Withholding Claim
The BIA remands for further fact-finding and for the IJ to readdress the withholding claim related to FGM in light of the framework set out by the Attorney General in Matter of A-T-. Matter of A-T-, 25 I&N Dec. 4 (BIA 2009)
CA9 Finds Conviction for Abuse of Cohabitant is not Categorically a CIMT
The court holds the California conviction for abuse of a cohabitant is not categorically a crime involving moral turpitude (CIMT). Remands for a determination under the modified categorical approach as to whether the offense is a CIMT. (Morales-Garcia v. Holder, 6/3/09)
DOJ Press Release Regarding AG Holder's Decision to Withdraw Matter of Compean
A 6/3/09 DOJ press release announces Attorney General Eric Holder's decision to vacate Matter of Compean, as well as his intention to initiate a new rulemaking process for regulations to govern claims of ineffective assistance of counsel in removal proceedings.