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
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.
CA5 Holds Petitioner is Ineligible to Apply for Cancellation of Removal Because of Controlled Substance Conviction
CA5 holds that a conviction for possession with intent to deliver cocaine in Texas is a felony under the Controlled Substance Act, thus the BIA did not err in holding that the petitioner is ineligible for cancellation of removal. (Vasquez-Martinez v. Holder, 4/2/09)
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
Immigration Law Advisor, March 2009 (Vol. 3, No. 3)
Immigration Law Advisor, a legal publication from EOIR, with an article on balancing fairness and finality in deficient performances of counsel claims, federal court activity for February 2009, recent BIA precedent decisions, and a regulatory update.
DHS OIG Report on ICE Detention Bedspace Management
An April 2009 DHS Office of Inspector General (OIG) report conveys the findings of an audit to determine whether ICE is acquiring detention bedspace in a cost-effective manner.
CA11 Finds Petitioner Convicted after Trial Does Not Satisfy St. Cyr’s Reliance Requirement
The court holds that reliance is a component of the retroactivity analysis as it applies to aliens, deportable for criminal offenses, who wish to show that IIRIRA’s repeal of § 212(c) has an impermissible retroactive effect. (Ferguson v. U.S. Attorney General, 3/31/09)
EOIR Responds to USA Today Article on Immigration Court Backlogs
In a 3/30/09 letter, Thomas Snow, Acting Director, EOIR, responded to a USA Today article on immigration court backlogs.
What a Difference a Year Makes
Nearly a year ago, on May 12, 2008, we witnessed the largest worksite raid in US history when ICE stormed the Agriprocessor's meat packing plaint in Postville, Iowa. The massive raid lead to the arrest and criminal prosecution of nearly 400 undocumented workers, mostly uneducated Guatemalan farmers.
Two Excellent Editorials in Today’s New York Times
Check out “Border Control“ The Times' editorial arguing that a realistic border policy can only be implemented in conjunction with comprehensive immigration reform http://tinyurl.com/crt8x2. And don't miss Lawrence Downes' thoughtful piece “Don't Deport Benita Veliz“, calling for passage
CA9 Holds Evidence Regarding Appellant’s Citizenship Improperly Admitted as Hearsay
CA9 finds appellant is not derivative citizen as his stepfather is not related by blood and was not married to his mother at the time of his birth. But it finds that conviction for being removed, then found in the U.S., was based on hearsay. (United States v. Marguet-Pillado, 3/27/09)
TSC Practice Alert: NTAs Issued on Approved I-140s for 245(i) Eligible Beneficiaries
The AILA/TSC Liaison committee is collecting information to release to the Texas Service Center so that corrective action may be taken on I-140 petitions that were approved for a beneficiary who is 245(i) eligible, yet TSC issued an NTA. AILA Doc. No. 09032769.
CA9 Finds Petitioner with Expunged State Conviction Ineligible for Relief Because of Probation Violation
The court denies the petition holding that Federal First Offender Act (FFOA) relief is not available when the person whose conviction is expunged has violated a condition of probation. (Estrada v. Holder, 3/26/09)
CA9 Finds Alien Smuggling Inadmissibility Waiver Does Not Apply to Applicants for Cancellation of Removal
The court holds that 8 U.S.C. § 1182(d)(11) does not authorize the Attorney General to waive the “alien smuggling” bar to establishing good moral character for purposes of cancellation of removal. Overrules Moran v. Ashcroft. (Sanchez v. Holder, 3/26/09)
CA8 Rejects Argument that Government Evidence of Fraud is Inadmissible Hearsay
CA8 found that the govt’s evidence was admissible because it was probative and fundamentally fair. Also found statute of limitations applies only to recissions of adjustment of status and not to removal proceedings. (Kim v. Holder, 3/26/09).
CA1 Denies Equitable Tolling, Finds Lack of Due Diligence
The court found that the BIA did not abuse its discretion in denying equitable tolling where Petitioner failed to exercise diligence by waiting over two years from the IJ’s initial decision before filing a motion to reopen. (Dawoud v. Holder, 3/26/09)
MSNBC Does Immigrant Detention
Its about time that the National Media started paying attention to America's new Gulag system of immigrant detention. Building remote detention centers with private contractors in places without lawyers, monitoring or relation to the location of the detained immigrant's family is just not right. Dep
U.S. Mexico Actions Against Cartel Violence – A Local View
This is my twenty-third year of living along the border here in El Paso, Texas next to Cd. Juarez. From my window, I can see two of our ports of entry. I also spent four years as President of the El Paso Foreign Trade Association years ago working on the the funding, staffing, and creation […]
USCIS Addresses NTA Issuance After I-140 Approval
AILA discussed the issue of NTA issuance by the TSC subsequent to the approval of an I-140 visa petition for a beneficiary who appears to be out-of-status or an EWI.
HHS Guidance on Age Determinations of Aliens in DHS and HHS Custody
On 3/23/09 the Division of Unaccompanied Children's Services, Office of Refugee Resettlement, HHS, released program instruction regarding age determinations of foreign nationals in HHS and DHS custody.
Presidential Memo on Deferred Enforced Departure for Liberians
A 3/20/09 Presidential Memorandum for the Secretary of Homeland Security extending deferred enforced departure for Liberians from 3/31/09 to 3/31/10.
EOIR Announces Cleveland Immigration Court has Administrative Control Over all Ohio Cases
On 3/20/09 EOIR announced that beginning 4/6/09 the Cleveland Immigration Court will have administrative control of all cases within Ohio.
BIA Finds Cocaine Solicitation is Offense "Relating to a Controlled Substance"
BIA reaffirms precedent in Matter of Beltran, finding that a Florida conviction for criminal solicitation of cocaine is a conviction "relating to a controlled substance" that makes respondent removable outside the Ninth Circuit. Matter of Zorilla-Vidal, 24 I&N Dec. 768 (BIA 2009)
BIA Finds that IJ Can Order Continued Detention as Condition of Voluntary Departure
The BIA held that an IJ has the authority to order the continued detention of a foreign national as a condition of voluntary departure after foreign national failed to establish eligibility for asylum, withholding or CAT relief. Matter of M-A-S-, 24 I&N Dec. 762 (BIA 2009)
AILA/EOIR Liaison Q&As (3/19/09)
EOIR Q&As from the AILA EOIR Liaison Committee meeting on 3/19/09, addressing joint requests to administratively close a case, Immigration Judge evaluation, entry of appearance in Immigration Court, electronic access to docket information, Immigration Court Practice Manual and much more.
BIA Finds IJ Erred in Concluding Burglary is not CIMT
The BIA held that conviction for burglary is a CIMT after engaging in a traditional categorical analysis and examining whether there is a “‘realistic probability” that the statute would include conduct that does not involve moral turpitude. Matter of Louissaint, 24 I&N Dec. 754 (BIA 2009)