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
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.
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)
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In an unpublished decision, the BIA sustains appeal and remands, after finding that the IJ granted pre-hearing voluntary departure under INA § 240B(a) and 8 CFR §1240.26(b)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.
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.
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)
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.
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)
CA1 Finds No Basis for BIA Remand on Magana Exception
The court held that the BIA was not required to remand the issue of whether Petitioner qualified for an equitable exception allowing an annulled marriage to be recognized in the interests of justice, rather than resolve the issue itself. (McCreath v. Holder, 7/21/09)
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.
BIA Lacks Jurisdiction to Review DHS Appeal of IJ Decision
The BIA held that it lacks jurisdiction to review a DHS appeal of an IJ’s decision to vacate an expedited removal order after a claimed status review hearing, at which the IJ determined the respondent to be a U.S. citizen. Matter of Lujan-Quintana, 25 I&N Dec. 53 (BIA 2009)
AILA Files Amicus Brief Setting Forth Principles Underlying Brand X and Chevron
AILA amicus brief in Matter of Gomez-Barajas before the BIA, addressing Chevron deference and the holding in Brand X that in limited instances, an agency may disagree with circuit court decision and offer different interpretation of a statute.
CA2 on Consular Nonreviewability and Material Support
The court remanded to consider whether the consular officer properly applied INA §212(a)(3)(B)(iv)(VI)(dd) by giving the applicant the chance to negate the allegation that he knew he was providing material support. (American Academy of Religion v. Napolitano, 7/17/09)
CA9 Finds California Conviction for Owning and Operating a Chop Shop Is Not an Aggravated Felony
Court holds that a violation of Cal. Veh. Code § 10801 does not categorically qualify as an aggravated felony theft offense, nor that the petitioner’s violation constituted a theft offense under the modified categorical approach. (Carrillo-Jaime v. Holder, 7/15/09)
CA9 Holds BIA Erred in Finding Application Improperly Filed Because of Unsigned Check
The court grants petition for review and remands. Finds no regulation specifies that USCIS must reject a signed application accompanied by an unsigned check for the right amount of the fee, when all other aspects of the application are complete and proper.(Blanco v. Holder, 7/15/09)
BIA Holds IJ Can Conduct De Novo Review of TPS Eligibility
The BIA clarified that Barrientos was not meant to restrict an IJ’s jurisdiction to review a TPS application and that exhaustion of DHS appeal procedures is not required before an IJ may conduct a de novo review of TPS eligibility. Matter of Lopez-Aldana, 25 I&N Dec. 49 (BIA 2009)
ICE Releases Statistics on Arrests for the Third Quarter of FY 2009
ICE reports an increase in criminal arrests on the SW border during the third quarter of FY 09, and an increase in the number for foreign nationals returned to countries of origin in 2009, compared to 2008. Data is also provided on the number of people screened through Secure Communities.
DHS Privacy Impact Assessment for eBONDS Phase 1
DHS Privacy Impact Assessment of phase 1 of Bonds Online System (eBONDS), a web-based application that allows surety companies to post bonds for aliens that DRO has determined are eligible for release on bond, documents the system's use and collection of personally identifiable information.
CA10 Finds it Lacks Jurisdiction to Review Denial of Application for Cancellation of Removal
Petition dismissed for lack of jurisdiction. Court rejects petitioner’s violation of due process claim. Notes that because cancellation of removal is a form of discretionary relief, petitioner cannot raise due process challenge. (Arambula-Medina v. Holder, 7/10/09)
CA9 Remands to BIA for Consideration of the Effect of Dada v. Mukasey
The court remands to the BIA to consider whether Dada v. Mukasey applies to those whose voluntary departure period was stayed by the BIA during the pendency of a motion to reopen prior to the holding in Dada. (Nevarez v. Holder, 7/8/09)