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 Rejects Government Argument that Former INA section 236(e) Governs Petitioner's Detention
CA9 ruled that the repealed provision INA section 236(e) cannot govern petitioner’s current detention, and that his detention review was governed, instead, by post-IIRIRA law, Zadvydas, and Ma. (Martinez-Vasquez v. INS, 10/1/03)
USCIS HQ Provides Written Responses to Issues Raised in Liaison (10/1/03)
USCIS' written responses to liaison questions include readjudication of established facts, AC21, zero tolerance, and healthcare worker visa screens.
EOIR's Responses to AILA Liaison Questions (9/25/03)
Liaison issues addressed with EOIR included such topics as conditional asylum grants, EOIR-27 and -29 forms, judicial behavior, case completion policies, appraisals of IJ performance, administrative closure, continuances, custody hearings, and OCIJ assignments.
CA9 Strikes Down Indefinite Detention Where Removal is Not "Reasonably Foreseeable"
CA9 held that the Supreme Court's decisions in Zadvydas and Ma did not differentiate between inadmissible and deportable aliens, nor between pre- and post- IIRIRA orders of exclusion, deportation, or removal. Therefore, post-IIRIRA law applies. (Marquez v. INS, 9/19/03)
CA9 Holds That It Has Equitable Jurisdiction to Stay the Voluntary Departure Period Pending Review
CA9 rejected the assertions that it lacked jurisdiction to stay the voluntary departure period pending review, holding that it should adjudicate motions for a stay of voluntary departure under the same balancing test as motions to stay removal. (El Himri v. Ashcroft, 9/19/03)
CA9 Upholds Somali Class Action and Preliminary Injunction Enjoining Removal to Somalia
The Ninth Circuit found that nationwide class certification was proper and that petitioners had standing. It affirmed the reasoning and holding of the district court prohibiting removal without acceptance by the foreign government. (Ali v. Ashcroft, 9/17/03)
USCIS Issues Guidance on Service Center Issuance of Notice to Appear (Form I-862)
A 9/12/03 memo from William Yates, USCIS Associate Director, providing field guidance on the initial phase of the program for service centers to issue NTAs. Officers are reminded that the 11/17/00 Meissner memo on prosecutorial discretion remains in force.
CA2 Says BIA Erred in Considering Pre-Sentence Report
The court found that the BIA erred in considering the pre-sentence report in determining whether Petitioner's conviction for unlawful imprisonment was an aggravated felony crime of violence. (Dickson v. Ashcroft, 9/9/03)
CA9 Finds IJ Behavior Violated Due Process
The Ninth Circuit found that an IJ's questioning and remarks about petitioner's sexual morality reflected bias that prevented her from being a neutral fact-finder, thus preventing full presentation of a claim for suspension. (Reyez-Melendez v. INS, 9/4/03)
AILA SCOPS Liaison Q&As (9/4/03)
Minutes of the 9/4/03 Service Center Operations liaison teleconference, include the proper payee on filing fee checks, when to file advance parole, a "start date" for an I-539, and NTA issuance by USCIS.
CA1 Refuses to Apply INA §241(a)(5) Retroactively
The court held that reinstatement of removal under INA §241(a)(5) could not be applied retroactively to Petitioner, who applied for relief before IIRIRA’s effective date. (Arevalo v. Ashcroft, 8/29/03)
Service Center Adjudicators May Issue NTAs
AILA has received a reliable report that BCIS plans to have adjudicators at the Service Centers start issuing Notices to Appear, possibly as early as October 1, 2003.
CA10 Finds DWI Involving No Injury to Others Not an Aggravated Felony
The Tenth Circuit distinguished the context in which Tapia Garcia v. INS arose in finding that a driving while intoxicated conviction that involved no injury to others did not constitute a crime of violence. (USA v. Lucia-Lucio, 8/28/03)
CA9 Allows Reopening of In Absentia Order in Absence of Bar Complaint
The Ninth Circuit allowed reopening of an in absentia removal order where the attorney's employee misinformed petitioners of their hearing date. The court did not require a showing under Lozado that petitioners had been prejudiced by counsel's error. (Lo v. Ashcroft, 8/27/03)
AG and DHS Secretary are Proper Respondents in the CA9 (Decision Withdrawn by Court Order on 9/1/04)
The Ninth Circuit concluded that the proper respondents in a habeas petition under 28 USC 2241 are the Secretary of Homeland Security and the Attorney General. This holding differs from First and Sixth Circuit decisions. (Armentero v. INS, 8/26/03)
Practice Alert: Pilot Program in Hartford to Detain Respondents after Merits Hearings (Revised 8/25/03)
AILA's Connecticut chapter reports that the Hartford BICE is detaining respondents who do not win at their merits hearings. There have been indications that this is a pilot program that the DHS hopes to expand nationwide.
Minutes from State Bar of Texas Meeting with AILA (8/23/03)
The 8/23/03 State Bar of Texas Committee minutes cover the following topics: backlogs, procedures, policies and staffing levels at TSC, as well as discussions with Kenneth Pasquarell (Central Regional Director of CIS) and Evelyn Upchurch (Director of CIS' TSC).
CA1 Finds Travel Act Violation Is a Controlled Substance Offense
The court held that a conviction under the Travel Act referencing “a business enterprise involving cocaine” was a violation of a law “relating to” a controlled substance under INA §237(a)(1)(A). (Urena-Ramirez v. Ashcroft, 8/22/03)
CA5 Limits St. Cyr Habeas Review to Questions of Law
CA5 upheld the dismissal of a habeas petition seeking review of a cancellation of removal hardship determination, finding that St. Cyr applies only to pure questions of law and not discretionary determinations. (Bravo v. Ashcroft, 8/22/03)
CA3 Allows District Court Habeas Review of CAT Claim
Referencing St. Cyr, the court concluded that district court habeas review of the denial of a claim for relief under the Convention Against Torture is available. (Ogbudimpka v. Ashcroft, 8/22/03)
CA9 Finds Pre-St. Cyr Waiver of Appeal Invalid
The Ninth Circuit found that a 1997 waiver of a right to appeal is invalid because an IJ informed the respondent that he was not eligible for relief, thus retroactively applying 1996 and 1997 laws to a 1995 conviction. (U.S. v. Leon-Paz, 8/22/03)
CA9 Finds Jurisdiction to Review Request to Reinstate Asylum Application
The Ninth Circuit, analogizing to motions to reopen, concluded that it has jurisdiction to review a request to reinstate an asylum application after it had been withdrawn in favor of an application for cancellation of removal that was denied. (Mendez-Gutierrez v. Ashcroft, 8/20/03)
CA9 Finds Conviction for Making Terrorist Threats an Aggravated Felony
A conviction under California law for making terrorist threats was found to be a crime of violence constituting an aggravated felony. (Rosales-Rosales v. Ashcroft, 8/17/03)
Office of Detention and Removal Strategic Plan, 2003 - 2012
Endgame is the ICE Office of Detention and Removal multi-year strategic enforcement plan that serves as the basis for operational and budgetary plans until 2012 and will build the capacity to “remove all removable aliens” and eliminate the backlog of unexecuted final order removal cases.
EOIR OPPM 03-05: Scheduling Leave, Approval of Leave Requests, and Time and Attendance Reports for Court Personnel
EOIR issues Operating Policies and Procedure Memorandum (OPPM) 03-05: Scheduling Leave, Approval of Leave Requests, and Time and Attendance Reports for Court Personnel, which replaces OPPM 98-04, dated August 27, 1998.