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
CA9 Addresses Imputation of Five-Year Residence Requirement for Cancellation and Brand X
Court holds that, for purposes of satisfying the 5 years of lawful permanent residence required under INA § 240A(a)(1), parent’s status as LPR is imputed to unemancipated minor child residing with parent. Finds BIA’s reliance on Brand X is misplaced. (Escobar v. Holder, 5/27/09).
ICE and Nursing Mothers–To Bond or Not To Bond
A week ago I was contacted by a reporter in North Carolina who became involved in a story about a undocumented immigrant. The undocumented immigrant has been in the United States for 13 years, was the mother of five U.S. Citizen children, ranging in age from 9 1/2 to 9 months. She was taken into [&#
CA8 Finds No Abuse of Discretion in BIA Refusal to Remand Despite New Material Facts
The court finds it has jurisdiction to review the BIA’s decision for abuse of discretion. BIA refused to grant motion to remand where the request to reopen provided a completely new basis of seeking cancellation of removal (Vargas v. Holder, 5/20/09)
Memo on Adjudicating Forms I-212 for Aliens Inadmissible under INA 212(a)(9)(C) or Subject to Reinstatement under 241(a)(5) in Light of Gonzalez v.
Rescinding an earlier Memo, this 5/19/09 Aytes Memorandum discusses adjudicating Forms I-212 for aliens inadmissible under INA 212(a)(9)(C) or who are subject to reinstatement under 241(a)(5) in light of Duran Gonzalez v. DHS, 508 F.3d 1227(9th Cir. 2007).
CA1 Says Petitioner Was Not Grandfathered for §245(i) Adjustment
The court found that Petitioner was not eligible for adjustment of status where the underlying visa petition to support grandfathering under §245(i) was revoked and was not approvable when filed. (Santana v. Holder, 5/19/09)
CA9 Finds it Lack Jurisdiction to Review Hardship Determination
Court finds the decision as to whether removal would cause the petitioner’s family “exceptional and extremely unusual hardship” is a discretionary determination, which it lacks jurisdiction to review. (Mercado v. Mukasey, 5/19/09)
Supreme Court Finds Failure to Plead Sufficient Facts for Unlawful Discrimination Claim in Challenge to Post 9/11 Detention
The Court held the complaint, which alleged that officials adopted a policy of discrimination in the detention of men of Arab descent following 9/11, failed to plead sufficient facts to state a claim for purposeful and unlawful discrimination. (Ashcroft et al. v. Iqbal et al., 5/18/09)
ICE Statement on Death of Detainee in Harlingen, TX Hospital
The National Community Outreach Program of ICE's Office of Policy released a statement regarding the death of a detainee at a Hospital in Harlingen, Texas. The detainee was battling cancer.
CA4 Upholds BIA’s Interpretation that CSPA Does Not Apply to HRIFA Applicants
The court defers to BIA where the Child Status Protection Act (CSPA) is silent as to whether it applies to HRIFA applicants. The BIA determined that CSPA age-out provisions do not apply to HRIFA applicants. (Midi v. Holder, 5/12/09).
BIA Finds IJ Failed to Adhere to Role of Impartiality
In an unpublished decision, the BIA vacates and remands for a new asylum hearing before a different immigration judge after applicant challenged the fairness of the underlying hearing and BIA found IJ did not behave in a professional and impartial manner. Courtesy of Aleksander Milch.
CA8 Finds Substantial Evidence Supported BIA’s Decision to Reverse IJ’s Asylum Grant
The court upheld the BIA’s decision reversing the IJ’s grant of asylum, finding that the BIA’s determination that four anonymous threats received over a four-year period did not rise to the level of past persecution or a well-founded fear of future persecution. (Cubillos v. Holder, 5/12/09)
Postville, One Year Later
Today marks the one year anniversary of the ICE raid at the Agriprocessors meat packing facility in Postville, Iowa. The raid, which was the largest worksite enforcement raid in U.S. history, resulted in the conviction and deportation of more than 300 undocumented immigrants, mostly uneducated Guate
Postville Gives Attorney General Holder An Opportunity To Do Justice
By AILA Board of Governors member Leslie Holman Yesterday Attorney General Eric Holder, Jr. told 11 new U.S. Prosecutors: “Your job as assistant U.S. attorneys is not to convict people,“ Holder said. “Your job is not to win cases. Your job is to do justice. Your job is in every case, every dec
CA2 Finds Jurisdiction to Review Hardship Determination Due to Error of Law
The court remanded for evaluation of whether Petitioner established hardship to his U.S. citizen children for purposes of cancellation of removal where the record was mischaracterized to an extent amounting to an error of law. (Mendez v. Holder, 5/8/09)
BIA Finds Appellant Did Not Automatically Derive Citizenship from U.S. Citizen Stepfather
The BIA held that an alien cannot demonstrate derivative citizenship under INA § 320(a) through a nonadoptive stepparent and the terms "child" and "parent" in the INA do not encompass stepchildren and stepparents. Matter of Guzman-Gomez, 24 I&N Dec. 824 (BIA 2009)
ICE and Ankle Bracelets–Better Than No Detention at All?
ICE DRO (Detention and Removal Officers) were trolling the Immigration Courtrooms this week in Atlanta looking for respondents who were appearing for their hearings, but whom had previously not been detained by ICE, and thus had no bond or restraints on their liberty. You ask, what would ICE be doin
AILA Liaison/NSC Meeting Minutes (5/7/09)
The 5/7/09 meeting minutes address I-140s, I-290B Processing, Labor Certifications, ability to pay, I-485s, RFEs, Portability, EAD for EOIR cases, Refugee and Asylee adjustment denials, I-90s, NSC/TSC relationship, misdirected mail, and more.
White House Summary of Immigration-Related Funding in the FY2010 Budget
Summary prepared by the White House of proposed changes in immigration-related funding in the President’s recently released FY2010 budget.
DHS Proposes to Amend System of Records to Share Detainee Information
DHS proposes to amend the DHS/ICE-011 Removable Alien Records System to add two routine uses, which would allow ICE to share information about individuals in detention with entities that seek to provide legal educational and orientation programs. (74 FR 20719, 5/5/09)
BIA Holds Conviction is Final Despite Pending Appeal in State Court
The BIA held that a pending late-reinstated appeal does not undermine the finality of respondent's conviction as a valid predicate for removability. Matter of Cardenas Abreu, 24 I&N Dec. 795 (BIA 2009)
Supreme Court Holds Aggravated Identity Theft Statute Requires Knowledge that Identification Used or Transferred Belongs to Another Person
In a unanimous decision on May 4, 2009, The Supreme Court reversed lower courts and held that a conviction of Aggravated Identity Theft requires that an individual know that the means of identification used or transferred belongs to another person. (Flores-Figueroa v. United States, 5/4/09)
Immigration Law Advisor, April 2009 (Vol. 3, No. 4)
Immigration Law Advisor, a legal publication from EOIR, with an article on incompetent respondents in removal proceedings, federal court activity for March 2009, an article on rules of evidence in immigration court, recent BIA precedent decisions, and a regulatory update.
If Your Law Practice Includes Immigration At All, You Should Be There
How do I: 1. Find out what to do when USCIS says NVC has the file, and NVC says it doesn't? 2. Get a step-by-step rundown of how to fill out a Form I-129 and document it? 3. Find the hidden time bombs in an affidavit of support? 4. Obtain the low-down on what to […]
The New Immigration Judges–Wherefrom Art Thou?
A guest post today for AILA Board of Governor Member Amy Peck: The EOIR swore in 10 new Immigration Judges this week. The April 24, 2009 EOIR announcement states that the judges were appointed by the Attorney General after completing a rigorous application, evaluation, and interview process. Under t
Supreme Court to Consider Whether Discretionary Decision Bar Precludes Courts from Reviewing a MTR
The Supreme Court will hear a case addressing the scope of INA § 242(a)(2)(B)(ii), the bar to judicial review of discretionary decisions, and whether this section bars federal courts from reviewing motions to reopen. (Kucana v. Holder)