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.
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Updates from EOIR
Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
BIA Discusses Circumstances When Denaturalization Is Appropriate
The BIA held that a denaturalized alien who committed crimes when an LPR and concealed them during the naturalization process is removable on the basis of the crimes, even though the alien was a naturalized citizen at the time of conviction. Matter of Gonzalez-Muro, 24 I&N Dec. 472 (BIA 2008)
BIA Finds Citizenship Available to Child of USC Parent Who Acquired Legal Custody After Naturalization
The BIA held that a child who satisfied the statutory conditions of former section 321(a) of the INA, before the age of 18 has acquired citizenship, regardless of whether the parent acquired legal custody before or after the naturalization. Matter of BAIRES-Larios, 24 I&N Dec. 467 (BIA 2008)
CA2 Remands Asylum Case Due to Confidentiality Breach and False Documents
The court held that the BIA erred in concluding that the government had not violated the confidentiality regulation when it disclosed Petitioner’s name to the Macedonian authorities. (Corovic v. Mukasey, 3/7/08)
AILA Liaison/NBC Q & As (03/05/08)
On 03/05/08, NBC answered questions on the following issues: I-864 and documentation of sponsor’s self-employed income; lockbox issues; procedures for filing a motion to reopen or reconsider; filing of I-485/I-765 when the applicant is in proceedings, K-3s.
BIA Finds Respondents Subjected to FGM Eligible for Asylum
The BIA held that a Somali mother and daughter who were subjected to female genital mutilation were eligible for asylum based on humanitarian grounds regardless of whether they can establish a well-founded fear of future persecution. Matter of S-A-K- and H-A-H-, 24 I&N Dec. 464 (BIA 2008)
CA9 Remands Asylum One-Year Deadline Issue of Age of Minors to BIA
The court noted that regulations do not define whether individuals under 21 years of age are “minors” under 8 CFR §1208.4(a)(5)(ii). The court stated that when the BIA has not considered an issue in the first instance, the proper course of action is to remand it. (Al-Mousa v. Mukasey, 3/5/08)
CA2 on Definition of “Conviction” in Context of Juvenile Offense
The court rejected Petitioner’s argument had he been prosecuted under federal law, his juvenile conviction would not have counted for immigration purposes and held that his state conviction qualified as a “conviction” under the INA. (Savchuck v. Mukasey, 3/4/08)
CA9 Discusses Class Membership Under the Barahona-Gomez Settlement
CA9 concluded that Petitioners were class members under Barahona-Gomez where they were set for a merits hearing between 2/13/97 and 4/1/97, their hearing was continued to after IIRIRA took effect, and relief was denied based on the stop-time rule. (Navarro v. Mukasey, 3/4/08)
AILA Statement Regarding Hearing on “Problems with ICE Interrogation, Detention and Removal Procedures”
AILA statement regarding the House Subcommittee on Immigration’s hearing on “Problems with ICE Interrogation, Detention and Removal Procedures” which took place on 2/13/08. AILA calls on Congress to reform these laws to ensure that due process is respected.
CA7 Finds IL Conviction for Unlawful Possession of a Weapon by a Felon is an Aggravated Felony
The court upheld the BIA’s conclusion that Petitioner’s conviction for unlawful possession of a weapon by a felon in violation of 720 ILCS 5/24-1.1(a) is an offense “described in” 18 USC §922(g)(1) and is therefore, an aggravated felony. (Negrete-Rodriguez v. Mukasey, 3/3/08)
CA9 Finds CA Conviction for False ID to a Peace Officer is Not a Crime Involving Moral Turpitude
The court held that because the crime of false identification to a peace officer under Cal. Penal Code §148.9(a) does not require fraudulent intent, it is not categorically a crime involving moral turpitude. (Blanco v. Mukasey, 3/3/08)
Immigration Law Today-Mar/Apr 2008
The Mar/Apr 2008 issue of Immigration Law Today focuses on worksite enforcement, including strict I-9 compliance, taking cautious steps to avoid ICE raids, and employers' dilemma of choosing between SSA no-match letter and national-origin discrimination.
Immigration Law Advisor, February 2008 (Vol. 2, No. 2)
Immigration Law Advisor, an EOIR legal publication, with an update on the REAL ID Act implementation, federal court activity for January 2008, an update on recent BIA precedent decisions, and a regulatory update.
CA2 Remands for Individualized Showing of Reliance on §212(c) Availability
The court held that a Restrepo claim of reliance, if proven, would make AEDPA’s bar to §212(c) for aggravated felons impermissibly retroactive as applied, even though Petitioner's conviction was on appeal when AEDPA took effect. (Walcott v. Chertoff, 2/28/08)
EOIR Announces Release of Immigration Court Practice Manual
On February 28, 2008, EOIR announced the release of the Immigration Court Practice Manual.
EOIR’s Immigration Court Practice Manual Released
On 2/28/08, EOIR released the Immigration Court Practice Manual, providing uniform procedures, recommendations, and requirements for practice before the immigration courts. The Manual will go into effect 4/1/08, and local operating procedures for immigration courts will no longer be used.
CA6 Finds No §245(i) Adjustment for Persons Inadmissible Under INA §212(a)(9)(C)(i)(I)
The court held that §245(i) does not provide for an exception for persons who are inadmissible for reentering without inspection following more than one year of unlawful presence under INA §212(a)(9)(C)(i)(I).(Ramirez-Canales v. Mukasey, 2/27/08)
CA9 Finds CA Conviction for Counterfeit of a Registered Mark is a Crime Involving Moral Turpitude
The court held that a conviction for counterfeit of a registered mark in violation of Cal. Penal Code §350(a)(2) is a crime involving moral turpitude. (Tall v. Mukasey, 2/27/08)
BIA Finds Imposition of Costs and Surcharges Constitutes a “Conviction”
The BIA held that the imposition of costs and surcharges in the criminal sentencing context constitutes a form of “punishment” or “penalty” for purposes of establishing that an alien has suffered a “conviction”. Matter of Cabrera, 24 I&N Dec. 459 (BIA 2008)
BIA Finds Conspiracy to Distribute Marijuana Qualifies as an Aggravated Felony
The BIA held that a State misdemeanor offense of conspiracy to distribute marijuana qualifies as an aggravated felony where elements correspond to the Federal felony offense of conspiracy to distribute an indeterminate quantity of marijuana. Matter of Lamin Aruna, 24 I&N Dec. 452 (BIA 2008)
CA10 Dismisses Petition for Review Under the Fugitive Disentitlement Doctrine
The court held that the fugitive disentitlement doctrine applies and dismissed the petition for review where Petitioner failed to report to DHS for a meeting to “discuss his intentions of departing the U.S.” under an order of removal. (Martin v. Mukasey, 2/26/08)
CA1 Finds Jurisdiction to Review One-Year Deadline; Denies Asylum
The court found that the asylum application was timely when the deadline fell on a Sunday and the applicant mailed her application the next day. However, it also found that she had not shown past persecution or a well-founded fear. (Jorgji v. Mukasey, 2/24/08)
CA10 Upholds Adverse Credibility Finding Due to Omissions on Asylum Form
The court found that if the torture Petitioner described actually occurred, it would defy common sense for Petitioner, who was assisted by counsel, to omit any mention of it in his application and supplemental letters. (Ismaiel v. Mukasey, 2/22/08)
CA2 Finds BIA Applied Improper Presumption of Receipt to Notice Sent by Regular Mail
The court held that the burden of proof to overcome the “slight presumption” of receipt of NTAs sent by regular mail is significantly lower than the “substantial and probative” burden in the context of certified mail. (Silva-Carvalho Lopes v. Mukasey, 2/21/08)
CA4 Remands for Determination of Whether IUD Insertion is Persecution
CA4 noted that the BIA had not issued a precedent decision addressing the forced insertion and continued usage of an IUD as constituting persecution. The court faulted the BIA for its cursory conclusion, finding that the BIA had given it nothing to review. (Lin v. Mukasey, 2/20/08)