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 on Determining Good Cause for a Continuance for Adjustment
The BIA held that in determining if good cause for a continuance exists to await adjudication of an I-140 or labor certification, IJ should determine place in the process and consider Matter of Hashmi, and other relevant considerations. Matter of Rajah, 24 I&N Dec. 127 (BIA 2009)
AIC/AILA Recommendations for Protecting the Right to Effective Assistance of Counsel
The American Immigration Council (AIC) and AILA letter to EOIR recommending steps the immigration courts and the Board of Immigration Appeals can take to protect the right to effective assistance of counsel and help ensure that noncitizens in removal proceedings are afforded a fair hearing.
DHS OIG Report on ICE Detainee Transfers
DHS OIG issued a report on ICE detainee transfer policies and procedures and recommends a national standard for reviewing each detainee’s administrative file prior to a transfer determination and that ICE develop protocols with EOIR court administrators for exchanging hearing and transfer schedules.
Attorneys’ Perspectives on the Rights of Detained Immigrants
This study on sampled attorneys who represent detained immigrants and public defenders who are appointed to represent detained immigrants for criminal violations. The study collected reports of violations of clients’ rights and includes results on barriers to representation and medical care.
ICE Fact Sheet on Alternatives to Detention for ICE Detainees
On 10/23/09, ICE released a fact sheet on alternatives to detention for ICE detainees. The fact sheet includes information regarding the Intensive Supervision Appearance Program, or ISAP, Enhanced Supervision/Reporting (ESR), and Electronic Monitoring (EM).
AILA/NBC Liaison Meeting Minutes (11/05/09)
On 11/05/09, AILA’s NBC Liaison Committee met with the National Benefits Center and addressed the following issues: EAD’s while in proceedings, I-90s, service error Motions to Reopen, and more.
ICE Secure Communities MOA with the State Identification Bureau Template
ICE template of the Secure Communities Memorandum of Agreement with the State Identification Bureau on the ICE FOIA Electronic Reading Room. The MOA on SC implementation sets forth the responsibilities of ICE and the participating SIB related to biometric interoperability.
2009 ICE Secure Communities Standard Operating Procedures
ICE Secure Communities Standard Operating Procedures on the FOIA Electronic Reading Room, detailing processes that enable the routing of response messages to the FBI and State Identification Bureaus to confirm identity and immigration status during incarceration booking.
An Open Letter To ICE Assistant Secretary John Morton
Dear Assistant Secretary Morton: Your assumption of the reins at U.S. Immigration and Customs Enforcement earlier this year has brought optimism. You seem to bring a much needed fresh perspective to the enforcement arm of the Department of Homeland Security.In particular your observation that since
BIA on Waiver Eligibility for Drug Paraphernalia Offense
The BIA held that an alien who is inadmissible based on a drug paraphernalia offense may qualify for a waiver of inadmissibility if that offense “relates to a single offense of simple possession of 30 grams or less of marijuana.” Matter of Martinez Espinoza, 25 I&N Dec. 118 (BIA 2009)
Immigration Law Advisor, October 2009 (Vol. 3, No. 10)
Immigration Law Advisor, a legal publication from EOIR, with an article on the meaning of “admission” and “admitted” in the INA, federal court activity for September 2009, immigration in the October 2009 term of the Supreme Court, recent BIA precedent decisions, and a regulatory update.
Report on NYC Pro Bono Project at Varick Federal Detention Center
The City Bar Justice Center issued a report on the NYC Know Your Rights Project, a collaboration of the Center, the Legal Aid Society, and the AILA NYC Chapter, where pro bono attorneys provide counseling to detainees at a weekly clinic at the Varick Federal Detention Center.
BIA Finds Plea Agreement Controls in Determining Eligibility for Former §212(c) Relief
The BIA held that in determining whether the alien is eligible for a waiver under former INA § 212(c), the date of the alien’s plea agreement, rather than the date of sentencing, is controlling. Matter of Moreno-Escobosa, 25 I&N Dec. 114 (BIA 2009)
AILA/ICE Liaison Meeting Minutes (10/30/09)
Minutes from the AILA/ICE Liaison Committee meeting on 10/30/09, address: detention reforms, transfers, motions to reopen, prosecutorial discretion and more.
Law Firm President Given Ten Months in Prison for Role in Visa Fraud Scheme
Court documents and press releases relating to an ICE, FDNS, and DOL investigation of a California law firm for the filing of at least 137 fraudulent immigration petitions for nearly 100 clients between 1996 and 2009. (U.S. v. Giles, 10/29/09)
CA6 Finds IJ Has Authority to Determine Frivolousness of a Time-Barred Asylum Application
The court finds that IJs have the authority to make a frivolousness finding in the context of a time-barred asylum application. The court denies the petition for review. (Ghazali v. Holder, 10/29/09).
CA10 Denies Petition for Review based on Precedent in Rosillo-Puga v. Holder
CA10 denied petition for review finding it is bound by Rosillo-Puga v. Holder, in which it concluded that the BIA reasonably determined 8 CFR §1003.2(d) divests it of jurisdiction to entertain motions to reopen removal proceedings of deported aliens. (Mendiola v. Holder, 10/28/09)
AILA/EOIR Liaison Q&As (10/28/09)
EOIR Q&As from the AILA EOIR Liaison Committee meeting on 10/28/09, addressing access to counsel, asylum officer assessment introduced into record, fraud/misrepresentation waivers, hearing information over 1-800 number, renewal of I-485 in proceedings, bond hearings, I-130 appeal delays, and more.
BIA on Authority to Reopen Removal Proceedings
The BIA held that it generally lacks authority to reopen final exclusion, deportation, or removal proceedings where an alien seeks to pursue relief over which neither the Board nor the IJ has jurisdiction. Matter of Yauri, 25 I&N Dec. 103 (BIA 2009)
Person Detained by ICE Passes Away at Boston Hospital
On 10/19/09, Pedro Juan Tavarez, a 49-year-old national of the Dominican Republic being held on immigration violations, passed away at Brigham and Women's Hospital in Boston, MA.
BIA Applies "Rollback Provision" under Cuban Adjustment Act
The BIA held that in determining removability for an alien whose adjusted under the Cuban Adjustment Act and is convicted of a CIMT within five years after the “date of admission,” the date is calculated according to the rollback provision. Matter of Carrillo, 25 I&N Dec. 99 (BIA 2009)
DOJ OIL Immigration Litigation Bulletin June – July 2009
DOJ OIL issues Immigration Litigation Bulletin for June – July 2009. The publication is intended to keep litigating attorneys within the DOJ and DHS informed about immigration litigation matters.
ICE Announces Standardized 287(g) Agreements
On October 16, 2009, ICE announced standardized memoranda of agreement for state and local law enforcement agencies participating in the 287(g) program. Following the announcement is a list of local and state law enforcement agencies that are participating.
BIA Finds IJ Has Authority to Review and Modify DHS Conditions of Release
The BIA held that an IJ has authority to review and consider whether to modify the conditions of release imposed on an alien by DHS. BIA dismisses DHS appeal. Matter of Garcia-Garcia, 25 I&N Dec. 93 (BIA 2009)
CA7 Upholds Decision that Conviction of Fraud in Connection with Identification Documents is Crime Involving Moral Turpitude
CA7 finds that the BIA reasonably determined that fraud in connection with identification documents is a crime of moral turpitude. The Court finds that no matter his motives, petitioner was engaged in a crime that involves inherently deceptive conduct. (Lagunas-Salgado v. Holder, 10/13/09)