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
CA2 Says Petitioner Is Bound by Attorney’s Concession of Removability
The court held that an IJ may accept a concession of removability when it is not contradicted by the record and that the concession cannot amount to “egregious circumstances” that would free an alien from the representations of his attorney. (Hoodho v. Holder, 2/6/09)
AILF Summary of AG Decision on Claims Regarding Counsel in Removal Proceedings (Updated on 2/6/09)
The Attorney General overrules the Board’s decisions in Matter of Lozada, and Matter of Assaad, finding there is no fifth amendment right to counsel. Matter of Compean-Bangaly & J-E-C, 24 I&N, Dec. 710 (AG 2009)
Neufeld Memo Revises Guidance on Adjudication of Form I-90
A 2/6/09 memo from Donald Neufeld, Acting Associate Director, USCIS, pertains to the adjudication of Form 1-90, Application to Replace Permanent Resident Card, and amends previous guidance established in the 7/11/06 memo titled, Disposition of Cases Involving Removable Alien.
Transition Document Submitted to the Obama/Biden Policy Transition Team Regarding Actions to Enhance Protections for Noncitizen Victims of Crimes
Documents regarding VAWA, U visas, and T visas prepared for the Obama transition team by an informal coalition of organizations working on family immigration reform.
Snow Memo on Classified Information in Immigration Court Proceedings
A 2/5/09 Operating Policies and Procedures Memorandum (OPPM) from Thomas Snow, Acting Chief Immigration Judge, EOIR, provides guidance on the proper handling of classified information in Immigration Court proceedings.
CA9 Holds BIA Erred in Finding Expunged Conviction as Bar to Relief
The court holds the BIA erred in finding the petitioner statutorily ineligible for cancellation on the basis of a set-aside conviction for possession of drug paraphernalia, which had been expunged. (Ramirez-Altamirano v. Mukasey, 4/14/09)
USCIS Memo on Parole Requests for Cubans Released Under INA § 236(a)(2)
A 2/4/09 memo from John Bulger, Chief, Office of Field Operations, USCIS, provides guidance on the processing of initial parole requests presented by natives or citizens of Cuba who are present in the U.S. without having been inspected and were released from custody under INA § 236(a)(2).
Cardozo Immigration Justice Law Clinic on Immigration Raids
Cardozo Immigration Justice Clinic report titled "Constitution on ICE: A Report on Immigration Home Raid Operations," on constitutional violations that have occurred during ICE home raids including results from two FOIA lawsuits.
Secretary Napolitano Announces Appointment of Special Advisor on Enforcement and Detention and Removal
On 2/4/08 DHS Secretary Janet Napolitano announced her appointment of Dora Schriro as Special Advisor on Immigration and Customs Enforcement and Detention & Removal, a newly created position.
AILA Hopeful that Attorney General Holder Will Rescind Matter of Compean Decision
AILA welcomes Attorney General Eric Holder’s statement that he will reexamine a Bush Administration legal decision about the right to counsel in immigration hearings because the Constitution and immigration law require that deportation proceedings be fundamentally fair.
USCIS Amended Guidance on Processing of Initial or Renewal Parole Requests by Cubans
A 2/3/09 memo from John Bulger, Chief, Office of Field Operations, USCIS, provides amended guidance on the processing of initial parole, or renewal parole, requests presented by natives of citizens of Cuba to USCIS field offices.
AG Nominee Eric Holder on Due Process Rights in Deportation Proceedings
Nominee for Attorney General Eric Holder responds to written questions from Senator Orin Hatch (R-UT). Question number seven relates to the constitutional right to due process of law for those in deportation proceedings.
Immigration Law Advisor, January 2009 (Vol. 3, No. 1)
Immigration Law Advisor with an article on the specific intent standard in Convention Against Torture cases, federal court activity for December 2008, an article on limit of court jurisdiction on matters of “agency discretion,” recent BIA precedent decisions, and a regulatory update.
Motion to Vacate Decision to Reinstate Prior Order of Removal
Sample motion to vacate notice of intent/decision to reinstate prior order of removal on grounds that the proceedings which led to the order’s issuance were fundamentally unfair, Defendant was denied judicial review, and suffered prejudice. (February 2009) (Criminal Procedure)
MPI Report Finds Fugitive Program Targets Immigrants without Criminal Convictions
The Migration Policy Institute February 2009 report, “Collateral Damage: An Examination of ICE’s Fugitive Operations Program,” reveals that 73% of ICE fugitive operations arrests were unauthorized immigrants without criminal records, not the program’s stated targets.
DHS Privacy Act System of Records Notice for Removable Alien Records System of Records
DHS notice of a privacy act system of records regarding the DHS/ICE-011 Removable Alien System of Records. This system is the reissuance of the legacy system of records, Justice/INS–012 Deportable Alien Control System, as an ICE system of records. (74 FR 5665, 1/30/09)
EOIR Published a 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 3/31/09. (74 FR 5677, 1/30/09)
EOIR Issues Revised Information Collection on Form EOIR-28
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 3/30/09. (74 FR 5183, 1/29/09)
EOIR Issues Revised Information Collection on Form EOIR-40
EOIR published a revised information collection on Form EOIR-40, Application for Suspension of Deportation. Comments are due 3/30/09. (74 FR 5183, 1/29/09)
DHS SORN on Removable Alien Records System
DHS notice of the reissuance of a legacy system of records as an ICE system of records entitled DHS/ICE--011 Removable Alien Records System. Comments are due 2/27/09. (74 FR 4965, 1/28/09)
CA9 “Aggravated Felony” in Withholding of Removal
The court lays out how to determine removability as an aggravated felon by comparing the state statute of conviction to a generic federal crime. (Anaya-Ortiz v. Mukasey, 1/27/09)
CA8 Consideration of False Statements Upheld in Denial of Status Adjustment
The court held that the IJ’s denial of adjustment of status was neither arbitrary nor capricious where IJ did not ignore evidence, but found it unpersuasive. (Dukuly v. Filip, 1/27/09)
Guide for Representing Noncitizen Criminal Defendants
The Defending Immigrants Partnership released a manual entitled “Representing Noncitizen Criminal Defendants: A National Guide,” on the representation of noncitizen defendants accused of crimes.
IJ Finds Applicant Was Improperly Placed in Proceedings
The IJ granted motion to terminate proceedings, persuaded that the asylum applicant was improperly placed in removal proceedings prior to the adjudication of a previously filed asylum application. Courtesy of Geoffrey Hoffman.
Duff Memo on Prosecution of Fraudulent Document Possession Crimes Under the Identification Fraud Statute
A 1/22/09 memo from James Duff, Dir. of the Admin. Office of the U.S. Courts, transmits a letter from Kenneth Melson, Dir. of the Exec. Office for U.S. Attorneys, noting that some defendants convicted of possessing false, stolen, or unlawfully produced ID docs. may have been incorrectly sentenced.