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
CA8 Finds Error in Moral Character Determination for Naturalization Applicant
The court reverses grant of summary judgment and remands, noting that the alleged victims of sexual abuse had recanted. Applicant was listed in state registry for complaint of child abuse. (Nyari v. Napolitano, 4/13/09)
AILA Practice Pointer on Matter of Aguilar-Aquino
An AILA Amicus Committee practice advisory regarding the BIA's interpretation of 8 CFR §1236.1(d) regarding release from custody in Matter of Aguilar-Aquino.
Ending Gulags in the United States
On April 3, Nina Bernstein published another excellent article in the New York Times entitled, Immigrant Detainee Dies, and a Life is Buried, Too. According to her article, the latest list of deaths published by Immigration and Customs Enforcement (ICE) dated February 7, 2009 notes 90 deaths of immi
ICE Relocates Cincinnati Sub-Office of the Detroit Office of the Chief Counsel to Cleveland
U.S. Immigration and Customs Enforcement (ICE), Office of the Principal Legal Advisor, announced today that beginning on April 6, 2009, the Cincinnati sub-office of the Detroit Office of the Chief Counsel will be relocated to the Cleveland sub-office.
CA9 Grants Petition for Review, Evidence in Support of Removability Related to Irrelevant Time Period
Court rejects removability finding where sole ground was petitioner’s failure to attend school while on F-1 visa. Proffered evidence was lack of U.S. education listed on asylum application, but charge in NTA dealt with period after asylum application was filed. (Al Mutarreb v. Holder, 4/6/09)
Secretary Napolitano and Foreign Secretary Espinosa Announce Agreement on Mexican Repatriation
On 4/3/09 DHS Secretary Janet Napolitano and Mexican Foreign Secretary Patricia Espinosa announced an agreement on formalized arrangements for the "expedited and humane" repatriation of Mexican nationals.
EOIR Issues Revised Information Collection on Form EOIR-27
EOIR published a revised information collection on Form EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals. Comments are due 5/4/09. (74 FR 15306, 4/3/09)
EOIR Issues Revised Information Collection for Form EOIR-28
On 4/3/09 EOIR published a revised information collection on Form EOIR-28, Notice of Entry of Appearance as Attorney or Representative before the Immigration Court. Comments are due 5/4/09. (74 FR 15305, 4/3/09)
EOIR Requests Comments on Revised Form EOIR-40
On 4/3/09 EOIR published an information collection on Form EOIR-40, Application for Suspension of Deportation. Comments are due 5/4/09. (74 FR 15305, 4/3/09)
EOIR Publishes Revised Information Collection on Form EOIR-31
On 4/3/09 EOIR published a revised information collection on Form EOIR-31, the form used to request for recognition of a non-profit religious, charitable, social service, or similar organization. Comments are due 5/4/09. (74 FR 15304, 4/3/09)
Game Over: Accused Nazi Death Camp Gaurd John Demjanjuk to Be Deported to Germany Sunday
It's ironic. In the end it's the Germans who will make the deportation of accused Nazi death camp guard John Demjanjuk a reality. Demjanjuk's case has been in and out of the headlines for the past 30 years, ever since the US Department of Justice began its efforts to strip him of his US citizenship
CA5 Holds Petitioner is Ineligible to Apply for Cancellation of Removal Because of Controlled Substance Conviction
CA5 holds that a conviction for possession with intent to deliver cocaine in Texas is a felony under the Controlled Substance Act, thus the BIA did not err in holding that the petitioner is ineligible for cancellation of removal. (Vasquez-Martinez v. Holder, 4/2/09)
DHS OIG Report on ICE Detention Bedspace Management
An April 2009 DHS Office of Inspector General (OIG) report conveys the findings of an audit to determine whether ICE is acquiring detention bedspace in a cost-effective manner.
Immigration Law Advisor, March 2009 (Vol. 3, No. 3)
Immigration Law Advisor, a legal publication from EOIR, with an article on balancing fairness and finality in deficient performances of counsel claims, federal court activity for February 2009, recent BIA precedent decisions, and a regulatory update.
CA11 Finds Petitioner Convicted after Trial Does Not Satisfy St. Cyr’s Reliance Requirement
The court holds that reliance is a component of the retroactivity analysis as it applies to aliens, deportable for criminal offenses, who wish to show that IIRIRA’s repeal of § 212(c) has an impermissible retroactive effect. (Ferguson v. U.S. Attorney General, 3/31/09)
What a Difference a Year Makes
Nearly a year ago, on May 12, 2008, we witnessed the largest worksite raid in US history when ICE stormed the Agriprocessor's meat packing plaint in Postville, Iowa. The massive raid lead to the arrest and criminal prosecution of nearly 400 undocumented workers, mostly uneducated Guatemalan farmers.
EOIR Responds to USA Today Article on Immigration Court Backlogs
In a 3/30/09 letter, Thomas Snow, Acting Director, EOIR, responded to a USA Today article on immigration court backlogs.
Two Excellent Editorials in Today’s New York Times
Check out “Border Control“ The Times' editorial arguing that a realistic border policy can only be implemented in conjunction with comprehensive immigration reform http://tinyurl.com/crt8x2. And don't miss Lawrence Downes' thoughtful piece “Don't Deport Benita Veliz“, calling for passage
TSC Practice Alert: NTAs Issued on Approved I-140s for 245(i) Eligible Beneficiaries
The AILA/TSC Liaison committee is collecting information to release to the Texas Service Center so that corrective action may be taken on I-140 petitions that were approved for a beneficiary who is 245(i) eligible, yet TSC issued an NTA. AILA Doc. No. 09032769.
CA9 Holds Evidence Regarding Appellant’s Citizenship Improperly Admitted as Hearsay
CA9 finds appellant is not derivative citizen as his stepfather is not related by blood and was not married to his mother at the time of his birth. But it finds that conviction for being removed, then found in the U.S., was based on hearsay. (United States v. Marguet-Pillado, 3/27/09)
MSNBC Does Immigrant Detention
Its about time that the National Media started paying attention to America's new Gulag system of immigrant detention. Building remote detention centers with private contractors in places without lawyers, monitoring or relation to the location of the detained immigrant's family is just not right. Dep
CA9 Finds Petitioner with Expunged State Conviction Ineligible for Relief Because of Probation Violation
The court denies the petition holding that Federal First Offender Act (FFOA) relief is not available when the person whose conviction is expunged has violated a condition of probation. (Estrada v. Holder, 3/26/09)
CA9 Finds Alien Smuggling Inadmissibility Waiver Does Not Apply to Applicants for Cancellation of Removal
The court holds that 8 U.S.C. § 1182(d)(11) does not authorize the Attorney General to waive the “alien smuggling” bar to establishing good moral character for purposes of cancellation of removal. Overrules Moran v. Ashcroft. (Sanchez v. Holder, 3/26/09)
CA8 Rejects Argument that Government Evidence of Fraud is Inadmissible Hearsay
CA8 found that the govt’s evidence was admissible because it was probative and fundamentally fair. Also found statute of limitations applies only to recissions of adjustment of status and not to removal proceedings. (Kim v. Holder, 3/26/09).
CA1 Denies Equitable Tolling, Finds Lack of Due Diligence
The court found that the BIA did not abuse its discretion in denying equitable tolling where Petitioner failed to exercise diligence by waiting over two years from the IJ’s initial decision before filing a motion to reopen. (Dawoud v. Holder, 3/26/09)