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
EOIR Fact Sheet on Video Teleconferencing
A 3/13/09 EOIR fact sheet provides an overview of the law authorizing hearings conducted using video teleconferencing and the role of video teleconferencing in the Criminal Alien Program.
Treating Immigrants Worse than Criminals
We all know that, if you get caught breaking the law, you risk getting arrested and a trip to jail.But we've got a pretty fair system, right?You can make a free phone call, talk to a lawyer, and get a hearing in front of a judge, pretty much right away, don't you?The bad guys go […]
BIA on Whether Electronic Monitoring and Home Confinement Constitute Custody
The BIA held that because DHS released the foreign national from actual physical detention, he was released from custody within the meaning of 8 C.F.R.§ 1236.1(d)(1). Matter of Jose Aguilar-Aquino, 24 I&N Dec. 747 (BIA 2009)
Practice Alert: TSC NTA Issuance After I-140 Approvals
AILA Liaison provides this Practice Alert in light of reports from several members that the TSC has begun issuing NTAs to out-of-status beneficiaries after the approval of an I-140 petition filed for the alien.
Fairfax County, VA Detainee Prints to Be Checked Against DHS Biometrics Database
On 3/9/09 ICE announced that Fairfax County, Virginia has joined the list of jurisdictions that will check the fingerprints of every booked individual against immigration records in DHS's biometric database. The ICE administered program is called Secure Communities.
CA9 Finds Possession of Green Card Obtained by False Statement is Prosecutable Offense
The court concluded that 18 U.S.C. § 1546(a) prohibits the possession of an otherwise authentic document that one knows has been procured by false claim, rejecting a statute of limitations argument, as it was a possession rather than false statement offense. (United States v. Krstic, 3/10/09)
CA4 Finds Petitioner Did Not Knowingly Waive Appellate Rights in Accepting Voluntary Departure
CA4 finds the BIA erred in denying motion to reconsider for lack of jurisdiction, and that petitioner did not knowingly and intelligently waive his right to appeal before the IJ in accepting voluntary departure. Courtesy of Alexandru I. Craciunescu. (Narine v. Holder, 3/9/09).
CA7 Affirms Denial of Application for Cancellation for CIMT
CA7 denies petition for review, dismissing petitioner’s arguments for failure to exhaust, and finding that a violation of 18 U.S.C. § 1001 is a crime involving moral turpitude, thus petitioner is barred from applying for cancellation of removal. (Ghani v. Holder, 3/9/09)
IJ Addresses ISAP as “Custody”
Orlando Immigration Court IJ finds that the Intensive Supervision Appearance Program (ISAP) is a form of custody and orders release from ISAP upon payment of bond. Courtesy of Andy Strickland.
CA4 Finds Appellant Indicted for Re-entry After Removal Fails to Show Statute of Limitations Has Run
CA4 denies appeal, finding that §276 does not encompass constructive knowledge, and that the appellant failed to show federal immigration authorities were aware of his identity and presence in the U.S. on the date required for a reentry violation.(United States v. Uribe-Rios, 3/4/09).
CA5 Concludes Lack of Jurisdiction Due to Petitioner’s Failure to Exhaust Administrative Remedies
The court concludes that that it does do not have the authority to excuse petitioner’s failure to exhaust, and that allowing “effective” exhaustion, rather than actual exhaustion, runs contrary to the purpose of the applicable statute. (Omari v. Holder, 3/4/09)
CA9 En Banc Decision Addresses DUI and Crimes Involving Moral Turpitude
Petition for review denied on basis that the determination that DUI offenses committed with the knowledge that one’s driver’s license has been suspended or otherwise restricted are crimes involving moral turpitude is a reasonable interpretation of the INA. (Marmolejo-Campos v. Holder, 3/4/09)
CA3 Finds Appellant Failed to Prove Invalidity of Written Waiver of Rights
The court denied the appeal concluding that when challenging the validity of a written waiver of rights in a deportation proceeding, the alien bears the burden of proving that the waiver is invalid. (Richardson v. U.S., 3/4/09)
Supreme Court Reverses and Remands in Negusie v. Holder
The Supreme Court reverses and remands to the BIA, finding error in the misapplication of Fedorenko regarding coerced conduct and the persecutor bar to asylum. (Negusie v. Holder, 3/3/09)
Sign-On Letter to Attorney General Holder Regarding Matter of Silva-Trevino
A 3/3/09 AILF sign-on letter to Attorney General Holder urges the withdrawal of Attorney General Mukasey's opinion in Matter of Silva-Trevino, which discards categorical analysis in determining whether a prior conviction is a crime involving moral turpitude.
Testimony Before House Appropriations Committee on Medical Care for Immigrant Detainees
On 3/3/09, the Subcommittee on Homeland Security of the House Appropriations Committee held a hearing on “Health Services for Detainees in U.S. Immigrations and Customs Enforcement Custody.”
CA9 Concludes Petitioner’s Claim that Statements Made to Arresting Officer were Unlawfully Obtained is Meritless
Court rejects the petition for review, finding that the petitioner failed to demonstrate that INS violated its regulations in obtaining the information used to prepare the Form I-213, Record of Deportable/Inadmissible Alien. Samayoa-Martinez v. Holder (3/3/09)
CA7 Upholds Denial of Application for Cancellation of Removal for Petitioner with Pre-IIRIRA Conviction for Marriage Fraud
CA7 concludes that the petitioner’s visa-fraud conviction disqualifies him from cancellation of removal. Finds that the petitioner cannot show that he has been harmed by his reliance on pre-IIRIRA law because he would have been ineligible under the pre-IIRIRA regime. (Obi v. Holder, 3/3/09)
Immigration Law Advisor, February 2009 (Vol. 3, No. 2)
Immigration Law Advisor, a legal publication from EOIR, with an article on differentiating the material support and persecutor bars in asylum claims, federal court activity for January 2009, and a regulatory update.
EOIR FY2008 Statistical Yearbook
The EOIR Statistical Yearbook for FY2008 provides data on proceedings reviewed and completed by the immigration courts and the BIA.
DHS OIG Releases Report on Tracking and Transfer of Detainees
The DHS Office of Inspector General released a March 2009 report on the results of an audit of ICE's detainee tracking, transfer processes, and medical screenings and physical examinations.
Section-by-Section Analysis of Immigration Oversight and Fairness Act (H.R. 1215)
Section-by-section analysis of the Immigration Oversight and Fairness Act (H.R. 1215), introduced by Rep. Roybal-Allard (D-CA) on 2/26/09. This document was produced by AILA and the Lutheran Immigration and Refugee Service.
Bill Text of Immigration Oversight and Fairness Act
On 2/26/09, Rep. Roybal-Allard introduced the Immigration Oversight and Fairness Act (H.R. 1215), a bill which aims to reform immigration detention procedures.
CA2 Says BIA Erred in Focusing on Date of Conviction Rather Than Date Proceedings Began
The court found the petitioner eligible for 212(c) relief because IIRIRA's repeal of 212(c) does not apply to foreign nationals whose deportation proceedings predate the Act's effective date. (Garcia-Padron v. Holder, 2/26/09)
Fact Sheet Regarding Asylum-Related Provisions of the TVPRA
The AILA Asylum committee offers a February 23, 2009, Fact Sheet from USCIS Asylum Division concerning the implementation of the asylum-related provisions of the Trafficking Victims Protection Reauthorization Act (TVPRA).