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
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)
BIA Finds Receipt of Stolen Property Conviction An Aggravated Felony
The BIA held that the appellant’s conviction for receipt of stolen property under California statute, with a sentence of more than one year of imprisonment, qualifies categorically as an aggravated felony under INA §101(a)(43)(G). Matter of Cardiel, 25 I&N Dec. 12 (BIA 2009)
Bill Text of Orphans, Widows and Widowers Protection Act
On 6/11/09, Senators Menendez (D-NJ), Gillibrand (D-NY) and Leahy (D-VT) introduced the Orphans, Widows and Widowers Protection Act (S. 1427) which addresses the immigration-related hardships caused by the death of a sponsoring relative.
CA5 Finds Abuse of Discretion in Reliance upon Adjudication Delay to Deny Continuance
CA5 holds that the IJ abused his discretion by denying the alien’s motion for continuance based solely on the length of the delay in the adjudication of the I-130 petition of which he was the beneficiary. Remands for consideration of the Hashmi factors. (Wu v. Holder, 6/11/09)
Due Process for Immigrants, is Due Process for all Americans
This blog post was contributed by AILA Immediate Past President Charles H. Kuck: Attorney General Holder took a step towards restoring a semblance of constitutional protection to all Americans last week, when he overturned the decision of Attorney General Mukasey in Matter of Compean, an Immigration
DHS Announces Interim Relief for Widows of U.S. Citizens
DHS Secretary Janet Napolitano today granted deferred action for two years to widows and widowers of U.S. citizens—as well as their unmarried children under 18 years old—who reside in the United States and who were married for less than two years prior to their spouse’s death.
EOIR Releases Update on 22 Improvement Measures
On 6/5/09, EOIR released a fact sheet regarding its progress in implementing twenty-two improvement measures that were developed in August 2006 to bolster the quality and efficiency of the immigration courts and the BIA.
CA1 Refuses to Reopen Where Priority Date Was Not Current
The court found no abuse of discretion in denying the motion to reopen where Petitioner’s priority date was not current at the time the motion was filed, and he was unable to establish prima facie eligibility for adjustment of status. (Oliveira v. Holder, 6/4/09)
CA1 Says IIRIRA Amendment to §212(h) Applies Retroactively
The court found it was the intent of Congress to amend §212(h) under IIRIRA to preclude individuals convicted of aggravated felonies who were in exclusion or deportation proceedings as of the date of enactment. (Gutierrez-Castillo v. Holder, 6/4/09)
CA1 Finds No Jurisdiction to Review BIA’s Due Diligence Finding
The court found no jurisdiction to review the BIA’s finding that Petitioner lacked due diligence in seeking reopening based on ineffective assistance of counsel, where no constitutional claim or question of law was raised. (Neves v. Holder, 6/4/09)
EOIR Posts Immigration Judge Benchbook Online
DOJ press release announcing that EOIR posted the “Immigration Judge Benchbook” online.
BIA Remands for Enumeration of Ground Relied Upon for Withholding Claim
The BIA remands for further fact-finding and for the IJ to readdress the withholding claim related to FGM in light of the framework set out by the Attorney General in Matter of A-T-. Matter of A-T-, 25 I&N Dec. 4 (BIA 2009)
AILA Praises Decision by Attorney General to Withdraw Matter of Compean
On June 3, 2009, Attorney General, Eric Holder, vacated the decision in Matter of Compean regarding claims of ineffective assistance of counsel. AILA is grateful for this restoration of a basic constitutional process and due process, in the immigration court system.
CA9 Finds Conviction for Abuse of Cohabitant is not Categorically a CIMT
The court holds the California conviction for abuse of a cohabitant is not categorically a crime involving moral turpitude (CIMT). Remands for a determination under the modified categorical approach as to whether the offense is a CIMT. (Morales-Garcia v. Holder, 6/3/09)
Attorney General Vacates Decision in Matter of Compean
Attorney General Eric Holder, vacated the decision in Matter of Compean and directed the BIA and Immigration Judges to apply the decision in Matter of Lozada for claims of ineffective assistance of counsel, pending promulgation of relevant regulations.
DOJ Press Release Regarding AG Holder's Decision to Withdraw Matter of Compean
A 6/3/09 DOJ press release announces Attorney General Eric Holder's decision to vacate Matter of Compean, as well as his intention to initiate a new rulemaking process for regulations to govern claims of ineffective assistance of counsel in removal proceedings.
Vera Institute on Justice and EOIR Provide Report on the Legal Orientation Program
The Vera Institute of Justice and EOIR provided the Phase III report on the Legal Orientation Program (LOP), including an evaluation, performance, and outcome measurement report and the role of LOP in affecting case processing times.
Immigration Law Advisor, May 2009 (Vol. 3, No. 5)
Immigration Law Advisor with an article on assistance in persecution under duress and Negusie v. Holder, federal court activity for April 2009, an article on recent court decisions on visa eligibility, waivers, and marriage fraud, recent BIA precedent decisions, and a regulatory update.
AILA Amicus Brief Urges IJ Role in Conditions for Release from Custody
AILA amicus brief in Matter of Hilario Antonio Garcia Garcia arguing that an IJ has the power to modify conditions of electronic monitoring, curfew, and other reporting requirements.
EOIR Issues Revised Information Collection on Form EOIR-29
EOIR published a revised information collection on Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals From a Decision of a USCIS Officer. Comments are due 7/28/09. (74 FR 25773, 5/29/09)
CA5 Remands Carachuri-Rosendo Following Supreme Court Ruling
Following the Supreme Court’s reversal, the court granted the petition for review and remanded, finding Petitioner not ineligible for cancellation of removal based on a recidivist state misdemeanor drug possession conviction. (Carachuri-Rosendo v. Holder, 5/29/09)
BIA Remands Domestic Violence Asylum Case Held in Abeyance for More than Six Years
In an unpublished decision, the BIA remands asylum case back to IJ based on Matter of R-A- after holding case in abeyance for over six years, for submission of new evidence and arguments. Courtesy of Christopher Helt.
CA6 Finds Conviction for Fraudulent Use of SSN or Identifying Information is CIMT
CA6 upholds the finding that petitioner ineligible for voluntary departure and concludes petitioner’s conviction in Mississippi state court for fraudulent use of a social security number or identifying information is a crime involving moral turpitude. (Serrato-Soto v. Holder, 5/28/09).
CA1 Finds No Jurisdiction to Review Denial of Sua Sponte Reopening
The court found no jurisdiction to review the BIA’s refusal to reopen proceedings sua sponte and dismissed the petition for review. (Peralta v. Holder, 5/28/09)
CA7 Concludes Conviction for Sexual Abuse of a Minor Constituted Aggravated Felony
The court considers whether petitioner's “sexual abuse of a minor” in violation of Ind. Code § 35-42-4-9(b), is an aggravated felony. Concludes that the conduct required for conviction categorically constitutes sexual abuse of a minor under INA § 101(a)(43). (Gaiskov v. Holder, 5/28/09)