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
Accused Nazi Death Camp Guard Demjanjuk Too Frail to Be Deported Or Fraud?
On April 14, 2009 government agents executed a final order of deportation against accused Nazi Death Camp Guard John Demjanjuk of Seven Hills, Ohio. Demjanjuk taken out of his home in a wheel chair screaming in pain with his head rolled back. [youtube=http://www.youtube.com/watch?v=yo7VJKNU4I0] Hour
Family Values
I guess it's not enough to exclusively blame undocumented workers for our dysfunctional immigration system. Apparently, we need to take their kids too. The New York Times reports this morning that undocumented immigrants are losing not only their freedom, but their children, who are taken away and g
Supreme Court Holds that Traditional Stay Factors Govern Authority to Stay Removal
The Supreme Court vacates and remands. Holds that traditional stay factors, not the 8 U. S. C. §1252(f)(2) standard, govern a court of appeals’ authority to stay an alien’s removal pending judicial review. (Nken v. Holder, 4/22/09)
BIA Remands for Consideration of Enumerated Factors in Continuance Request
The BIA addresses factors to be considered in deciding whether a continuance request is warranted. Notes that compliance with an IJ’s case completion goals is not a proper factor in deciding a continuance request. Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009)
New ICE Form I-246, Application for a Stay of Deportation or Removal
ICE has provided AILA Liaison with a new version of the I-246 Application for a Stay of Deportation or Removal (October 2008).
CA11 Affirms Denial of Motions to Suppress Evidence of Immigration Status Obtained in Police Custody
The court affirms denial of motions to suppress statements regarding the foreign national’s immigration status made to an ICE agent while in police custody after being arrested on unrelated drug charges, and to suppress documentary evidence. (United States v. Lopez-Garcia, 4/21/09)
Immigration and the Pulitzer Prize
Today, Ryan Gabrielson and Paul Giblin of the East Valley Tribune in Mesa, Arizona were awarded the Pulitzer Prize for their series of articles of the infamous “Sheriff Joe“ of Maricopa County. The Tribune won the most prestigious award in journalism for revealing how a popular sheriff's focus
CA9 Finds Possession of Child Pornography is a Crime Involving Moral Turpitude
The court finds that possession of child pornography is a crime involving moral turpitude (CIMT) and that specific intent is not required for a CIMT. Affirms order revoking naturalization for CIMT conviction within 5 years before naturalizing. (United States v. Santacruz, 4/20/09)
CA8 Finds No Abuse of Discretion in Denial of Continuance to Allow for Adjudication of Applications
The court finds IJ did not abuse discretion in denying request for ninth continuance so that USCIS could adjudicate pending I-130 and I-485 because the petitioner failed to raise the issue in her appeal to the BIA.(Hanggi v. Holder, 4/20/09)
BIA on Jurisdiction over Adjustments under Cuban Adjustment Act
The BIA vacates and remands, holding that IJs no longer have jurisdiction in removal proceedings to consider adjustment of status applications filed by arriving aliens who are seeking benefits under the Cuban Adjustment Act. Matter of Martinez-Montalvo, 24 I&N Dec. 778 (BIA 2009)
Searching for the Truth in the Immigration Spin Cycle
Sifting through immigration rhetoric for the truth is a herculean task for even the most dedicated on the complex issue of immigration policy in the U.S. For example:1. The Human Rights Watch Report entitled “Forced Apart by the Numbers“ (April 15, 2009) notes that although federal authorities
ICE Issues Comment Request on Form 70-005
ICE information collection on Form 70-005, ICE Secure Communities Stakeholder ID Assessment Questionnaire. Comments are dues 6/15/09. (74 FR 17205, 4/14/09)
CA8 Finds Error in Moral Character Determination for Naturalization Applicant
The court reverses grant of summary judgment and remands, noting that the alleged victims of sexual abuse had recanted. Applicant was listed in state registry for complaint of child abuse. (Nyari v. Napolitano, 4/13/09)
BIA Finds Failure to Prove that Conviction Was Not CIMT
The BIA held that respondent failed to meet burden of proving conviction was not for a crime involving moral turpitude in order to establish eligibility for cancellation of removal. Matter of Almanza-Arenas, 24 I&N Dec. 771 (BIA 2009)
DHS Brief on Asylum Claims Filed by Domestic Violence Victims
In an asylum case brief based on domestic violence, DHS states that applicants who have experienced domestic violence could qualify for asylum based on alternative social group formations, and proposes two formulations under which victims of domestic violence might be able to advance asylum claims.
AILA Practice Pointer on Matter of Aguilar-Aquino
An AILA Amicus Committee practice advisory regarding the BIA's interpretation of 8 CFR §1236.1(d) regarding release from custody in Matter of Aguilar-Aquino.
Ending Gulags in the United States
On April 3, Nina Bernstein published another excellent article in the New York Times entitled, Immigrant Detainee Dies, and a Life is Buried, Too. According to her article, the latest list of deaths published by Immigration and Customs Enforcement (ICE) dated February 7, 2009 notes 90 deaths of immi
ICE Relocates Cincinnati Sub-Office of the Detroit Office of the Chief Counsel to Cleveland
U.S. Immigration and Customs Enforcement (ICE), Office of the Principal Legal Advisor, announced today that beginning on April 6, 2009, the Cincinnati sub-office of the Detroit Office of the Chief Counsel will be relocated to the Cleveland sub-office.
CA9 Grants Petition for Review, Evidence in Support of Removability Related to Irrelevant Time Period
Court rejects removability finding where sole ground was petitioner’s failure to attend school while on F-1 visa. Proffered evidence was lack of U.S. education listed on asylum application, but charge in NTA dealt with period after asylum application was filed. (Al Mutarreb v. Holder, 4/6/09)
Secretary Napolitano and Foreign Secretary Espinosa Announce Agreement on Mexican Repatriation
On 4/3/09 DHS Secretary Janet Napolitano and Mexican Foreign Secretary Patricia Espinosa announced an agreement on formalized arrangements for the "expedited and humane" repatriation of Mexican nationals.
EOIR Issues 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 5/4/09. (74 FR 15306, 4/3/09)
EOIR Issues Revised Information Collection for Form EOIR-28
On 4/3/09 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 5/4/09. (74 FR 15305, 4/3/09)
EOIR Requests Comments on Revised Form EOIR-40
On 4/3/09 EOIR published an information collection on Form EOIR-40, Application for Suspension of Deportation. Comments are due 5/4/09. (74 FR 15305, 4/3/09)
EOIR Publishes Revised Information Collection on Form EOIR-31
On 4/3/09 EOIR published a revised information collection on Form EOIR-31, the form used to request for recognition of a non-profit religious, charitable, social service, or similar organization. Comments are due 5/4/09. (74 FR 15304, 4/3/09)
Game Over: Accused Nazi Death Camp Gaurd John Demjanjuk to Be Deported to Germany Sunday
It's ironic. In the end it's the Germans who will make the deportation of accused Nazi death camp guard John Demjanjuk a reality. Demjanjuk's case has been in and out of the headlines for the past 30 years, ever since the US Department of Justice began its efforts to strip him of his US citizenship