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
Attorney General Vacates Decision in Matter of Compean
Attorney General Eric Holder, vacated the decision in Matter of Compean and directed the BIA and Immigration Judges to apply the decision in Matter of Lozada for claims of ineffective assistance of counsel, pending promulgation of relevant regulations.
AILA Praises Decision by Attorney General to Withdraw Matter of Compean
On June 3, 2009, Attorney General, Eric Holder, vacated the decision in Matter of Compean regarding claims of ineffective assistance of counsel. AILA is grateful for this restoration of a basic constitutional process and due process, in the immigration court system.
Immigration Law Advisor, May 2009 (Vol. 3, No. 5)
Immigration Law Advisor with an article on assistance in persecution under duress and Negusie v. Holder, federal court activity for April 2009, an article on recent court decisions on visa eligibility, waivers, and marriage fraud, recent BIA precedent decisions, and a regulatory update.
AILA Amicus Brief Urges IJ Role in Conditions for Release from Custody
AILA amicus brief in Matter of Hilario Antonio Garcia Garcia arguing that an IJ has the power to modify conditions of electronic monitoring, curfew, and other reporting requirements.
Vera Institute on Justice and EOIR Provide Report on the Legal Orientation Program
The Vera Institute of Justice and EOIR provided the Phase III report on the Legal Orientation Program (LOP), including an evaluation, performance, and outcome measurement report and the role of LOP in affecting case processing times.
CA5 Remands Carachuri-Rosendo Following Supreme Court Ruling
Following the Supreme Court’s reversal, the court granted the petition for review and remanded, finding Petitioner not ineligible for cancellation of removal based on a recidivist state misdemeanor drug possession conviction. (Carachuri-Rosendo v. Holder, 5/29/09)
BIA Remands Domestic Violence Asylum Case Held in Abeyance for More than Six Years
In an unpublished decision, the BIA remands asylum case back to IJ based on Matter of R-A- after holding case in abeyance for over six years, for submission of new evidence and arguments. Courtesy of Christopher Helt.
EOIR Issues Revised Information Collection on Form EOIR-29
EOIR published a revised information collection on Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals From a Decision of a USCIS Officer. Comments are due 7/28/09. (74 FR 25773, 5/29/09)
CA6 Finds Conviction for Fraudulent Use of SSN or Identifying Information is CIMT
CA6 upholds the finding that petitioner ineligible for voluntary departure and concludes petitioner’s conviction in Mississippi state court for fraudulent use of a social security number or identifying information is a crime involving moral turpitude. (Serrato-Soto v. Holder, 5/28/09).
CA1 Finds No Jurisdiction to Review Denial of Sua Sponte Reopening
The court found no jurisdiction to review the BIA’s refusal to reopen proceedings sua sponte and dismissed the petition for review. (Peralta v. Holder, 5/28/09)
CA7 Concludes Conviction for Sexual Abuse of a Minor Constituted Aggravated Felony
The court considers whether petitioner's “sexual abuse of a minor” in violation of Ind. Code § 35-42-4-9(b), is an aggravated felony. Concludes that the conduct required for conviction categorically constitutes sexual abuse of a minor under INA § 101(a)(43). (Gaiskov v. Holder, 5/28/09)
CA9 Addresses Imputation of Five-Year Residence Requirement for Cancellation and Brand X
Court holds that, for purposes of satisfying the 5 years of lawful permanent residence required under INA § 240A(a)(1), parent’s status as LPR is imputed to unemancipated minor child residing with parent. Finds BIA’s reliance on Brand X is misplaced. (Escobar v. Holder, 5/27/09).
ICE and Nursing Mothers–To Bond or Not To Bond
A week ago I was contacted by a reporter in North Carolina who became involved in a story about a undocumented immigrant. The undocumented immigrant has been in the United States for 13 years, was the mother of five U.S. Citizen children, ranging in age from 9 1/2 to 9 months. She was taken into [&#
CA8 Finds No Abuse of Discretion in BIA Refusal to Remand Despite New Material Facts
The court finds it has jurisdiction to review the BIA’s decision for abuse of discretion. BIA refused to grant motion to remand where the request to reopen provided a completely new basis of seeking cancellation of removal (Vargas v. Holder, 5/20/09)
CA1 Says Petitioner Was Not Grandfathered for §245(i) Adjustment
The court found that Petitioner was not eligible for adjustment of status where the underlying visa petition to support grandfathering under §245(i) was revoked and was not approvable when filed. (Santana v. Holder, 5/19/09)
CA9 Finds it Lack Jurisdiction to Review Hardship Determination
Court finds the decision as to whether removal would cause the petitioner’s family “exceptional and extremely unusual hardship” is a discretionary determination, which it lacks jurisdiction to review. (Mercado v. Mukasey, 5/19/09)
Memo on Adjudicating Forms I-212 for Aliens Inadmissible under INA 212(a)(9)(C) or Subject to Reinstatement under 241(a)(5) in Light of Gonzalez v.
Rescinding an earlier Memo, this 5/19/09 Aytes Memorandum discusses adjudicating Forms I-212 for aliens inadmissible under INA 212(a)(9)(C) or who are subject to reinstatement under 241(a)(5) in light of Duran Gonzalez v. DHS, 508 F.3d 1227(9th Cir. 2007).
Supreme Court Finds Failure to Plead Sufficient Facts for Unlawful Discrimination Claim in Challenge to Post 9/11 Detention
The Court held the complaint, which alleged that officials adopted a policy of discrimination in the detention of men of Arab descent following 9/11, failed to plead sufficient facts to state a claim for purposeful and unlawful discrimination. (Ashcroft et al. v. Iqbal et al., 5/18/09)
ICE Statement on Death of Detainee in Harlingen, TX Hospital
The National Community Outreach Program of ICE's Office of Policy released a statement regarding the death of a detainee at a Hospital in Harlingen, Texas. The detainee was battling cancer.
CA4 Upholds BIA’s Interpretation that CSPA Does Not Apply to HRIFA Applicants
The court defers to BIA where the Child Status Protection Act (CSPA) is silent as to whether it applies to HRIFA applicants. The BIA determined that CSPA age-out provisions do not apply to HRIFA applicants. (Midi v. Holder, 5/12/09).
BIA Finds IJ Failed to Adhere to Role of Impartiality
In an unpublished decision, the BIA vacates and remands for a new asylum hearing before a different immigration judge after applicant challenged the fairness of the underlying hearing and BIA found IJ did not behave in a professional and impartial manner. Courtesy of Aleksander Milch.
CA8 Finds Substantial Evidence Supported BIA’s Decision to Reverse IJ’s Asylum Grant
The court upheld the BIA’s decision reversing the IJ’s grant of asylum, finding that the BIA’s determination that four anonymous threats received over a four-year period did not rise to the level of past persecution or a well-founded fear of future persecution. (Cubillos v. Holder, 5/12/09)
Postville, One Year Later
Today marks the one year anniversary of the ICE raid at the Agriprocessors meat packing facility in Postville, Iowa. The raid, which was the largest worksite enforcement raid in U.S. history, resulted in the conviction and deportation of more than 300 undocumented immigrants, mostly uneducated Guate
CA2 Finds Jurisdiction to Review Hardship Determination Due to Error of Law
The court remanded for evaluation of whether Petitioner established hardship to his U.S. citizen children for purposes of cancellation of removal where the record was mischaracterized to an extent amounting to an error of law. (Mendez v. Holder, 5/8/09)
BIA Finds Appellant Did Not Automatically Derive Citizenship from U.S. Citizen Stepfather
The BIA held that an alien cannot demonstrate derivative citizenship under INA § 320(a) through a nonadoptive stepparent and the terms "child" and "parent" in the INA do not encompass stepchildren and stepparents. Matter of Guzman-Gomez, 24 I&N Dec. 824 (BIA 2009)