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 LPR Abandonment of Status
In an unpublished decision, the BIA held that DHS failed to show a returning resident who re-entered the U.S. after two years and nine months abroad was not admissible, finding the key is whether activities are consistent with intent to return as soon as practicable. Courtesy of William A. Hahn.
CA9 Finds the Government May Issue an NTA Stating that the Date and Time of the Hearing Will Be Set Later
Court holds that a Notice to Appear (NTA) that fails to include the date and time of a deportation hearing, but that states that a date and time will be set later, is not defective so long as a notice is in fact later sent. (Popa v. Holder, 7/6/09)
CA2 Finds BIA Erred by Ignoring Attorney's Sworn Statement
The court held that the BIA erred by not considering the attorney’s sworn affirmation stating that Petitioner did not understand the immigration judge’s instructions regarding the requirement to show up at his hearing. (Kulhawik v. Holder, 7/6/09)
CA6 Finds Auto Theft Is Not a Crime of Violence, Not an Aggravated Felony
The court holds that auto theft, as defined in the California Penal Code § 487 (1989), is not a “crime of violence” under 18 U.S.C. § 16(b) and cannot serve as an “aggravated felony” warranting deportation of a permanent resident alien. Remands. (Nguyen v. Holder, 7/2/09).
Immigration Law Advisor, June 2009 (Vol. 3, No. 6)
Immigration Law Advisor, a legal publication from EOIR, with an article on circuit court treatment of documents commonly submitted in coercive population control asylum claims, federal court activity for May 2009, recent BIA precedent decisions, and a regulatory update.
DHS Report on Immigration Enforcement Actions in 2008
A July 2009 DHS report provides information regarding the apprehension, detention, return, and removal of foreign nationals during FY2008.
CA6 Finds Conviction for Violating Federal Counterfeiting Statute is an Aggravated Felony
Court dismisses petition for lack of jurisdiction. Finds that a conviction for violating 18 U.S.C. § 472 is an aggravated felony under the INA, thus the IJ and BIA properly concluded that the petitioner is removable. (Nwagbo v. Holder, 6/30/09).
BIA Finds IJ Lacked of Jurisdiction to Change Custody Status of Asylum Applicant
The BIA held that the IJ properly determined that he lacked jurisdiction to redetermine the conditions of the applicant’s custody and set bond, as the individual was admitted through the VWP and not entitled to a custody hearing. Matter of Werner, 25 I&N Dec. 45 (BIA 2009)
Stakeholder/USCIS Q & As (6/30/09)
The Q&As address FBI namechecks, mailing addresses, diversity visa lottery, adjustment of status for detained refugees, CSC follow up e-mail address, and more.
TRAC Report Finds Immigration Courts Still Not Completed
Three years after EOIR’s 22 measures were announced to reform the immigration courts; a TRAC report assesses what has and has not been accomplished. This report updates a 2008 TRAC study that offered an assessment at the two-year mark.
CA6 Finds Evidence Supports IJ’s Ruling that Petitioner’s Marriage was Fraudulent
The court finds that the petitioner’s removability was established by clear and convincing evidence, as sufficient evidence supports the IJ’s ruling that the petitioner entered into a fraudulent marriage for the purpose of gaining lawful admission into the U.S. (King v. Holder, 6/29/09).
Petition for Rulemaking Regarding Appointment of Counsel for Immigrants in Removal Proceedings
Petition from advocacy groups to DOJ to initiate a rulemaking proceeding to promulgate regulations governing the appointment of counsel for indigent individuals in proceedings.
CA8 Remands for Review of Jurisdiction to Consider TPS Eligibility De Novo in Proceedings
Remanded to BIA for statutory interpretation regarding whether administrative remedies must be exhausted before relying on TPS eligibility in removal proceedings. (Salguero-Fuentes v. Holder, 6/25/09)
Highlights from the EOIR Open Forum at Annual Conference 2009
The AILA EOIR Liaison Committee offers highlights from the EOIR Open Forum at the 2009 AILA Annual Conference.
AIC Practice Advisory: The §237(a)(1)(H) Fraud Waiver
An AIC practice advisory on the §237(a)(1)(H) fraud waiver, which provides a discretionary waiver in removal proceedings for certain misrepresentations and fraud. The practice advisory discusses when the waiver is applicable, eligibility requirements, and the relief if waiver is granted.
Orozco Litigation: BIA Remands to Allow DHS to Amend the NTA
Without addressing the continuing validity of Matter of Areguillin, the BIA has remanded Matter of Orozco to allow DHS to amend the NTA. A second case raising the issue of whether an entry based on fraud or misrepresentation can constitute an admission remains pending with the BIA.
CA8 Finds Correct Legal Standard Applied in Hardship Determination
CA8 denies the petitioner’s challenge to the legal standards in the IJ's hardship determination for cancellation, finding that the hardship does not rise to the exceptional standard.(Gomez-Perez v. Holder, 6/22/09)
TRAC Reports Decrease in Asylum Denial Rate Disparities
A TRAC report reveals that judge-by-judge asylum disparities in the Immigration Courts are down. Accompanying this report are over 250 detailed reports providing the year-by-year record of individual Immigration Judges.
BIA Finds False Statement on Passport Application Amounts to Claim of Citizenship
The BIA held that the foreign national was inadmissible at the time of her adjustment application for having falsely represented herself to be a U.S. citizen on a passport application, having claimed birth in Texas. Matter of Barcenas, 25 I&N Dec. 40 (BIA 2009)
TRAC Reports Increase in Immigration Court Case Backlogs
A TRAC report reveals an increase in the number of backlogged cases in the immigration courts. Consequently, there has also been an increase in the length of time a foreign national must wait to have a case resolved, sometimes while in detention.
CA10 Finds It Lacks Jurisdiction to Review Denial of Motion to Reopen Application for Cancellation of Removal
The court found that it cannot review a mertis determination if the BIA considers new evidence submitted in support of a motion to reopen and determines the alien would still not be entitled to a finding of exceptional and extremely unusual hardship. (Alzainati v. Holder, 6/17/09)
CA8 Upholds Determination of Ineligibility for Cancellation of Removal Because of CIMT Conviction
CA8 finds petitioner’s Iowa conviction for operating a motor vehicle while intoxicated would not alone be a CIMT, but his conviction for child endangerment, which requires conscious disregard of risk to the child in his care, is an aggravating factor. (Hernandez-Perez v. Holder, 6/16/09)
BIA Finds Aged Out Beneficiary Cannot Automatically Convert from Fourth to Second Preference
The BIA held that the automatic conversion and priority date retention provisions of CSPA do not apply as the individual aged out of a fourth-preference petition and cannot retain the earlier priority date because of the difference in petitioner. Matter of Wang, 25 I&N Dec. 28 (BIA 2009)
ICE Publishes Information Collection on Electronic Bonds Online Access
ICE information collection on Electronic Bonds Online (eBonds) Access. Related forms are Form I-352SA, Surety eBonds Access Application and Agreement and Form I-352RA, eBonds Rules of Behavior Agreement. Comments are due 8/17/09. (74 FR 28517, 6/16/09)
Supreme Court Finds Categorical Approach Inapplicable for Determining Loss Amount for Fraud Offense
The Court addressed what evidence an IJ may consider to determine removability based on an aggravated felony conviction for an offense that involves fraud or deceit in which the loss to the victim(s) exceeds $10,000. (Nijhawan v. Holder, 6/15/09)