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 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)
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.”
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)
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.
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.
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.
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)
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.
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).
TSC Practice Alert: Biometrics Scheduling for EOIR Cases
AILA/TSC Liaison has learned that although a fix occurred in December 2008 regarding the automatic biometrics scheduler, all biometrics appointments were not scheduled automatically.
GAO Report on ICE Resources for Providing Healthcare to Immigrant Detainees
A GAO report addresses ICE's organizational structure and its healthcare resources for detainees, findings that health care for detainees is not uniform across facilities and that there has been growth in healthcare expenditures.
EOIR Acting Director Snow's Letter to the Washington Post on Public Access to Immigration Proceedings
A 2/23/09 letter from Thomas Snow, Acting Director, EOIR, to Tom Shroder, Editor of the Washington Post, regarding a 2/22/09 Washington Post Magazine article titled "The Outsider." Acting Director Snow states that the article incorrectly describes the public's access to immigration proceedings.
BIA Remands to Allow for Additional Relevant Evidence in Cancellation of Removal Case
In an unpublished decision, the BIA remands after applicant for cancellation of removal claims removal to Honduras would pose exceptional and extremely unusual hardship to U.S. citizen daughter due to her kidney disease and other health problems. Courtesy of Luis Sanabria.
CA1 Rejects Nunc Pro Tunc §212(c) Claim
The court upheld the IJ’s decision to pretermit Petitioner’s §212(c) application where Petitioner was deemed an arriving alien and inadmissible, and the equities were not sufficiently compelling to grant §212(c) nunc pro tunc. (Nadal-Ginard v. Holder, 2/22/09)
CA3 Vacates Reinstatement Order
The court vacated the reinstatement order and remanded to answer questions such as whether the prior deportation order was invalidated by a federal district court. (Ponta-Garcia v. Att'y Gen. of the U.S., 2/20/09)
Advisory on Expansion In Relief for Unaccompanied Minors Following TVPRA
A practice advisory addresses the expansion in legal relief options for unaccompanied alien children following the enactment of the William Willberforce Trafficking Victims Protection Reauthorization Act of 2008. Courtesy of Deborah Lee, Manoj Govindaiah, Angela Morrison & David Thronson.
CA5 Addresses Receipt of Notice of Removal Hearing
CA5 finds that the petitioner’s failure to receive actual notice of his removal hearing due to his neglect of his obligation to keep the immigration court apprised of his current mailing address does not mean that he “did not receive notice.” (Gomez-Palacios v. Holder, 2/18/09
CA5 Finds “Voluntary Departure” Inapplicable to Petitioner Ordered Removed in Absentia
CA5 upholds the conviction of the petitioner who was indicted for illegal reentry after removal, finding that he could not avoid prosecution by refusing to appear at removal proceedings by departing in advance of the removal order. (United States v. Ramirez-Carcamo, 2/17/09)
287(g) Memorandums of Agreement Accessible in ICE FOIA Library
ICE 287(g) Memorandums of Agreement to enter into partnership with local law enforcement, and audits of 287(g) programs, are available for review in the ICE FOIA electronic library.
CBP Letter on Attorney Access at Barracks 5 in San Diego
A 02/13/2009 CBP letter from Mike Fisher, Chief Patrol Agent in San Diego, to the Legal Director of the American Civil Liberties Union (ACLU) of San Diego & Imperial Counties with guidance on attorney access to individuals being held at the Barracks 5 transit staging area.
CA6 Finds No Counterpart in § 212(a) to Render Petitioner Eligible for § 212(c) Relief
The court holds that because the petitioner is unable to establish grounds of inadmissibility that are comparable to the ground of removal/deportation filed against him, he is ineligible for INA § 212(c) relief. (Koussan v. Holder, 2/12/09)
IJ Finds it Proper to Adjudicate Motion to Terminate and Suppress on the Merits
The IJ citing de Rodriguez-Echeverria v. Mukasey found it proper to adjudicate respondent’s motion to terminate and suppress on the merits despite the Government’s contention that the federal courts are the appropriate forum for such arguments.