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
Proposed Settlement Agreement in ACLU Lawsuit to End Overcrowding at Detention Facility
DHS and the ACLU reached a proposed settlement agreement to ensure that the population at a San Diego detention facility will not again exceed capacity. (Kiniti v. Myers, 6/4/08)
Testimony before the House Subcommittee on Immigration About Detainee Medical Care
On 6/4/08 the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law of the House Committee on the Judiciary held a “Hearing on: Problems with Immigration Detainee Medical Care.”
CA5 Upholds Validity of Heightened Hardship Standard Under 8 CFR §212.7(d)
The court held that 8 CFR §212.7(d), which requires a showing of exceptional and extremely unusual hardship for §212(h) waivers involving “violent or dangerous crimes,” is a permissible construction of the statute and is not ultra vires. (Pimentel v. Mukasey, 6/4/08)
CA10 Discusses Violation of Student Visa Status Under INA §214(m)(2)
The court held that Petitioner did not “terminate or abandon” her course of study when her private secondary school ceased operations and she was forced to attend a public high school. Thus, the court found Petitioner admissible for purposes of adjustment of status. (Lee v. Mukasey, 6/3/08)
CA9 Remands Frivolous Asylum Finding for BIA to Address Issues
The court remanded the case for the BIA to determine if the language of INA §208(d)(6) requires the IJ to make a final determination on the merits of the asylum application, or only requires the IJ to make a final determination that the application was frivolous. (Chen v. Mukasey, 6/3/08)
CBP Issues Memo on Hold Rooms and Short Term Custody
CBP issued a memo with guidance on its new hold rooms and short term custody policy, establishing a national policy for the short term custody of persons arrested or detained by Border Patrol Agents and detained in hold rooms at Border Patrol stations, checkpoints, and processing facilities.
CA9 Upholds Asylum Frivolousness Finding and Permanent Benefits Bar
In this decision, the court adopted the analytical framework for making frivolousness determinations in Matter of Y-L-. The court held that a remand was not necessary because all of the element of Y-L- were met. (Ahir v. Mukasey, 6/2/08)
Immigration Law Advisor, May 2008 (Vol. 2, No.5)
Immigration Law Advisor, an EOIR legal publication, with an article on continued detention review for specially dangerous individuals, federal court activity for April 2008, an article on sexual abuse and moral turpitude, AG/BIA precedent decisions, and a regulatory update.
ABA Journal Article on ICE Enforcement Tactics
A feature article in the June 2008 ABA Journal, “Illegal Aliens on ICE,” reviews challenges in the courts to ICE’s enforcement tactics.
CA3 Remands Colombian Social Group Asylum Claim
The court held that Petitioner established that she is a member of the social group of “women who have escaped involuntary servitude after being abducted and confined by the FARC” and showed a well-founded fear of persecution. (Gomez-Zuluaga v. Att’y Gen. of the U.S., 5/30/08)
CA2 Rejects Res Judicata Claim to Bar Second Removal Proceedings
The court held that res judicata did not bar new proceedings based on a robbery conviction when Petitioner's first proceedings were based on a firearms conviction because the second suit was based on a separate set of factual predicates. (Channer v. DHS, 5/30/08)
CA3 Finds Administrative Closure Does Not Re-Start Physical Presence for Suspension
The court held that the continuous physical presence clock did not begin anew upon administrative closure of Petitioner’s proceedings because such proceedings were temporarily removed from the IJ’s calendar, not terminated. (Arca-Pineda v. Att’y Gen of the U.S., 5/28/08)
CA3 Discusses “Concealing,” “Harboring,” and “Shielding” Under INA §274(a)(1)(A)(iii)
The court held that “concealing,” “harboring” and “shielding” under INA §274 encompass conduct tending to substantially facilitate an alien’s remaining in the U.S illegally. (U.S. v. Ozcelik, 5/27/08)
EOIR Issues Memo on the Board’s Standard/Scope of Review
Obtained via FOIA by Hoppock Law Firm, EOIR released a memo on the Board’s standard/scope of review. Special thanks to Matthew Hoppock.
CA9 Holds Oregon Identity Theft is Not Categorically an Aggravated Felony Theft Offense
The court held that a conviction for identity theft in violation of Oregon law is not categorically an aggravated felony under INA §101(a)(43)(G) because the statute punishes conduct that goes beyond the scope of a generic theft offense. (Mandujano-Real v. Mukasey, 5/22/08)
CA9 Finds Jurisdiction to Review IJ’s Denial of Motion to Continue
The court held that INA §242(a)(2)(B)(ii) does not strip jurisdiction over challenges to an IJ’s denial of a continuance because that authority is not “specified under [the relevant] subchapter to be in the discretion of the Attorney General....” (Sandoval-Luna v. Mukasey, 5/22/08)
CA1 Finds Threats Can Amount to Persecution in Cambodian Withholding Claim
In a Cambodian withholding case, the court found that credible threats can amount to persecution, especially when the assailant threatened the applicant with death, in person, and with a weapon. (Sok v. Mukasey, 5/22/08)
CA1 Upholds Denial of Asylum Based on Lack of Past Persecution and Nexus
The court found that the BIA’s emphasis on the lack of physical harm was appropriate, and that it was significant that the threats were not connected to a protected ground. (Restrepo Ruiz v. Mukasey, 5/21/08)
BIA Finds Fourth Degree Assault Conviction Is Not a “Crime of Child Abuse”
The BIA held that a WA fourth degree assault conviction is not a “crime of child abuse” under INA §237(a)(2)(E)(i), and concludes that removability on the basis of "a crime of child abuse" is determined by the elements of the offense. Matter of Velasquez-Herrera, 24 I&N Dec. 503 (BIA 2008)
AILA Commends Congressional Hearing on Devastating Impact of Workforce Raids
AILA expresses appreciation to the leadership shown by the House Workforce Protections Subcommittee for holding a hearing on the impact of immigration raids, which helped shine a long overdue light on the harsh consequences these raids visit upon American children, families, and communities.
CA7 Finds Illinois Domestic Battery is an Aggravated Felony Crime of Violence
The court held that a conviction for domestic battery, in violation of 720 ILCS 5/12-3.2(a)(1) is a crime of violence under 18 USC §16(a) and is therefore an aggravated felony as defined by INA §101(a)(43)(F). (LaGuerre v. Mukasey, 5/20/08)
Supreme Court Opens Door to Tougher Sentences for Career Criminals
The Court held that for purposes of sentencing under the Armed Career Criminal Act, a court charged with determining whether a prior drug offense is “serious” under ACCA §924(e)(2)(A) may consider recidivist sentencing enhancements for repeat offenders. (United States v. Rodriquez, 5/19/08)
CA4 Holds Ineffective Assistance Not a 5th Amendment Due Process Violation
CA4 held that counsel’s ineffectiveness in a removal proceeding cannot deprive a person of his 5th Amendment right to a fair hearing, reasoning that counsel was not a state actor and there was insufficient nexus between the federal government and counsel. (Afanwi v. Mukasey, 5/19/08)
Representative Braley Seeks More Information on DOL/ICE Coordination in Postville Raid
In May, Representative Braley (D-IA) sent letters to the DOJ, DOL and DHS requesting information about a possible investigation into labor practices at Agriprocessors facility in Postville, Iowa. On 07/17/08, Braley issued a follow-up letter.
Senator Kennedy Letter to DHS Secretary Chertoff and HHS Secretary Leavitt on ICE Raids
A 5/16/08 letter from Senator Edward Kennedy (D-MA) to DHS and HHS Secretaries urging them to adopt an interagency agreement and issue guidelines to reduce impact of ICE enforcement actions on children participating in Head Start and other federally-assisted child development programs.