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
Vera Institute’s Evaluation Report of EOIR’s Legal Orientation Program
EOIR released Vera Institute of Justice’s Evaluation, Performance and Outcome Measurement Report of the Legal Orientation Program, which seeks to provide individuals in removal proceedings information on forms of relief, how to represent themselves pro se, and how to obtain legal representation.
Iowa Defense Lawyers Given Government Manual
A Government "manual" was distributed to defense attorneys in Iowa who represented immigrant workers that were arrested in May 2008.
Text of “Detainee Basic Medical Care Act” (H.R. 5950)
On 5/1/08, Representative Zoe Lofgren (D-CA), introduced the “Detainee Basic Medical Care Act of 2008” (H.R. 5950), to require the DHS Secretary to establish procedures for the timely and effective delivery of medical and mental health care to all immigration detainees in custody.
Immigration Law Today-May/June 2008
The May/June 2008 issue of Immigration Law Today focuses on asylum and relief, including the need for professional interpreters at asylum interviews, obtaining parole for asylum-seekers, and finding room for FGM relief.
CA9 Discusses Ineffective Assistance Rendered by Non-Attorney
The court held that knowing reliance upon the advice of a non-attorney cannot support a claim for ineffective assistance of counsel in removal proceedings. (Hernandez v. Mukasey, 4/30/08)
CA7 Criticizes NIV Form DS-156; Allows Petitioner to Proceed With §212(d)(3) Waiver
Citing the “fatally flawed” Form DS-156 and the IJ's failure to advise Petitioner of all available avenues of relief, CA7 held that the BIA erred in finding Petitioner lost the opportunity to seek a waiver by not specifically requesting one in proceedings. (Atunnise v. Mukasey, 4/30/08)
Stakeholder/USCIS Q & As 4/29/08 (Updated 7/2/08)
USCIS revised the answer to question #12 of the Q & As from the 4/29/08 Stakeholder meeting. The revised answer pertains to administratively closed I-730 applications.
CA1 Upholds Finding of No Past Persecution in Indonesian Withholding Claim
The court found that past persecution findings are “easily inferable” and in Petitioner’s case both the IJ and BIA discussed the past incidents and found they failed to justify the relief Petitioner requested. (Pulisir v. Mukasey, 4/29/08)
CA5 Holds Misprision of a Felony Necessarily Involves Fraud or Deceit
CA5 held that, because misprision of a felony under 18 USC §4 necessarily involves fraud or deceit, Petitioner, who did not dispute that the amount of loss resulting from his misprision conviction exceeded $10,000, was convicted of an aggravated felony. (Patel v. Mukasey, 4/29/08)
CA9 Finds Aiding and Abetting Assault with a Deadly Weapon is an Aggravated Felony
The court held that a person convicted of aiding and abetting an assault with a deadly weapon under Cal. Penal Code §245(a)(1) has committed a crime of violence, and thus an aggravated felony, as if he had personally committed the offense. (Ortiz-Magana v. Mukasey, 4/28/08)
CA6 Rejects Chinese Withholding and CAT Claims Based on U.S. Born Children
The court noted that children born outside of China are not counted for purposes of China’s population control policies and held that Petitioner failed to demonstrate that the evidence compelled a different conclusion. (Huang v. Mukasey, 4/25/08)
CA9 Finds “Annoying or Molesting a Child” Under CA Law is Not Categorically a CIMT
The court held that a misdemeanor conviction under Cal. Penal Code §647.6(a), for annoying or molesting a child under the age of eighteen is not categorically a crime involving moral turpitude. (Nicanor-Romero v. Mukasey, 4/24/08)
CA1 Upholds Finding of Changed Conditions in Cambodian Asylum Claim
The court found that the adverse credibility determination was not supported by the record, and that Petitioner had suffered past persecution, but agreed with the IJ that country reports indicated that conditions had changed in Cambodia. (Ly v. Mukasey, 4/24/08)
CA7 Addresses Deceit in Asylum Claims; Upholds Adverse Credibility Finding
The court noted re the REAL ID Act that most claims can neither be confirmed nor refuted by documentary evidence, and that liars tend to give fewer details, finding substantial evidence supported the IJ’s determination. (Mitondo v. Mukasey, 4/24/08)
CA9 Rejects CAT Claim of Mentally Disabled Man for Lack of Specific Intent
The court held it lacked jurisdiction to review IJ’s finding that petitioner’s robbery conviction was a particularly serious crime and rejected his CAT claim, holding that he failed to establish that the harm he would suffer in a mental institution in Mexico. (Villegas v. Mukasey, 4/23/08)
OPPM 08-03: Application of the Immigration Court Practice Manual to Pending Cases
In this April 23, 2008, Operating Policies and Procedures Memorandum (OPPM), Chief Immigration Judge David L. Neal addresses the application of the Practice Manual’s filing deadlines to non-detained cases pending on July 1, 2008, the date the Manual becomes effective.
CA2 Finds Criminal Stop-Time Rule Not Impermissibly Retroactive
The court held that the stop-time rule was not impermissibly retroactive as applied to Petitioner, whose proceedings were initiated post-IIRIRA, but the criminal conduct occurred pre-IIRIRA. (Martinez v. INS, 4/23/08)
EOIR Fact Sheet on Unaccompanied Minors in Proceedings
On 4/22/08 EOIR issued a revised Fact Sheet on unaccompanied minors in immigration proceedings, which touches on legal representation, guidelines and training for immigration judges, and more.
CA9 Finds Evading a Police Officer Under California Law is Not Categorically an Aggravated Felony (Updated 7/18/08)
The court held that evading an officer in violation of Cal. Vehicle Code, §2800.2(a) is not categorically an aggravated felony “crime of violence.” (Penuliar v. Mukasey, 4/22/08)
CA11 Vacates Earlier Asylum Decision; Removes “Courage” Language
CA11 vacated its Jan. 11, 2008 decision (AILA InfoNet Doc. No. 08022164) and reissued substantially the same decision. The court removed the language: “Courage does not negate fear.” It continued to hold that that Petitioner had a subjective fear. (Santamaria v. U.S. Att’y Gen., 4/22/08).
CA5 Finds Filing a False Tax Return is an Aggravated Felony Under INA §101(a)(43)(M)(i)
CA5 held that INA §101(a)(43)(M) does not limit aggravated felony tax offenses to tax evasion, and that filing a false tax return in violation of 26 USC §7206(1) is an aggravated felony under subsection (M)(i) if it involves a loss exceeding $10,000. (Arguelles-Olivares v. Mukasey, 4/22/08)
CA7 Relies on Pakistani Minor’s Airport Statement to Deny Asylum
CA7 found material inconsistencies between Petitioner’s airport statement and his testimony at his asylum hearing. It noted that the airport interview had many markers of reliability, including transcript, questions about fear of return, and a translator. (Chatta v. Mukasey, 4/21/08).
DOJ Issues Proposed Rule on DNA Sample Collection
DOJ published a proposed rule that directs agencies that arrest individuals to collect DNA samples, including from detained foreign nationals. Comments are due 30 days. (73 FR 21083, 4/18/08)
CA11 Finds No Jurisdiction to Review Claims by Person Previously Removed for Drug Conviction
CA11 dismissed the petition for review for lack of jurisdiction where Petitioner had been previously removed for a controlled substance crime, despite the fact that he was now ordered removed for his presence in the U.S. without having been admitted. (Acosta v. U.S. Att’y Gen., 4/16/08)
CA9 Holds Felony Cultivation of Marijuana is Categorically an Aggravated Felony
The court held that felony cultivation conviction of marijuana under Cal. Health & Safety Code §11358 categorically falls within the generic definition of “drug trafficking crime” and thus constitutes an aggravated felony under INA §101(a)(43)(B). (United States v. Reveles-Espinoza, 4/15/08)