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
CA1 Holds Attempted Conscription by FARC Is Not a Basis for Asylum
The court held that coercive conscription by the FARC did not trigger an entitlement to asylum, where conscription might be motivated by the desire to fill their ranks and the target might resist for non-political motives. (Tobon-Marin v. Mukasey, 1/8/08)
CA7 Denied Claim Based on Identity Theft and Failure to Prove Homosexuality
The court held that Petitioner’s convictions for identity theft were properly characterized as aggravated felonies. It also rejected his withholding claim based on homosexuality, due to incredible testimony and lack of corroborating evidence. (Eke v. Mukasey, 1/7/08)
CA9 Holds Credited Pre-Conviction Time Served Counts Toward §101(f)(7) Good Moral Character Bar
The court held that when pre-trial detention is credited against the sentence imposed upon conviction, the period of pre-trial detention must be considered as confinement as a result of a conviction within the meaning of INA §101(f)(7). (Arreguin-Moreno v. Mukasey, 1/14/08)
CA3 Remands Cases Involving Claimed Nonreceipt of BIA Decisions
The court found jurisdiction to review the denial of Petitioners’ motions to reissue and remanded the cases to the BIA to determine what weight to accord to Petitioners’ affidavits of nonreceipt. (Jahjaga v. Att’y Gen. of the U.S., 1/4/08)
AAO Sustains I-212 Waiver Appeal
In a non-precendent decision, AAO finds applicant was not issued a notice of reinstatement of the removal order. Sustains I-212 waiver appeal, finding the favorable factors outweigh the negative ones in the case.
Immigration Law Today-Jan/Feb 2008
The Jan/Feb 2008 issue of Immigration Law Today focuses on global immigration, including traveling to Canada with a DUI, the new intercountry adoption standards, and the creation of U.N.'s expulsion treaty.
Immigration Law Advisor, December 2007 (Vol. 1, No. 12)
Immigration Law Advisor, an EOIR legal publication, with an article on gang violence and asylum, federal court activity for November 2007, update on recent BIA precedent decisions, and a regulatory update.
ICE’s Operations Manual ICE Performance-Based National Detention Standards (2008)
A 2008 version of ICE’s Performance Based National Detention Standards (PBNDS 2008).
ICE Revises Parole Determination Worksheet
ICE recently revised its parole determination worksheet.
CA6 Upholds IJ’s Frivolousness Finding in Albanian Asylum Claim
The court found that Petitioner received adequate warning about the consequences of filing of frivolous asylum applications and had sufficient opportunity to account for discrepancies in his various applications. (Ceraj v. Mukasey, 12/28/07)
CA9 Holds Resisting Arrest Under Arizona Law is a Crime of Violence
The court held that resisting arrest, in violation of Arizona Revised Statutes §13-2508, categorically constitutes a crime of violence and is therefore an aggravated felony under INA §101(a)(43)(F). (Estrada-Rodriguez v. Mukasey, 12/28/07)
CA9 Rejects Withholding and CAT Claim of Salvadoran Gang Member
The court rejected Petitioner’s argument that his indelible gang tattoos and former membership in a gang would qualify as a particular social group. (Arteaga v. Mukasey, 12/27/07)
CA2 on “Formal Judgment of Guilt” Under INA §101(a)(48)(A)
The court held that the entry of a “formal judgment of guilt … by a court” occurs when judgment is entered on the docket, not when a defendant pleads guilty. (Puello v. BCIS, 12/20/07)
CA2 Overturns Adverse Credibility Finding Due to Speculation Over Documents
The court held that the IJ’s speculation regarding Petitioner’s identity document from Mauritania and refugee document from Senegal could not support an adverse credibility finding. (Niang v. Mukasey, 12/19/07)
CA6 Upholds Findings of No Nexus and Changed Conditions in Guatemala
The court declined to resolve the issue of whether an imputed political opinion may be the basis for an asylum claim, finding that Petitioner failed to establish that his persecutors had acted on account of his opinion, imputed or otherwise.(Pascual v. Mukasey, 12/19/07)
BIA finds Certain Exceptions do not Apply Where Enhancement Factors Increased the Maximum Penalty of Offense
The BIA held that the exception under section 212(h) for an alien convicted of a single offense of drug possession does not apply where enhancement factors increased maximum penalty and had been proven beyond a reasonable doubt to a jury. Matter of Martinez-Zapata, 24 I&N Dec. 424 (BIA 2007)
CA9 Discusses Jurisdiction Over Nationality Claims in the Context of REAL ID
The district court lacked jurisdiction over Petitioner’s habeas challenge to his final removal order, which was filed after the REAL ID Act’s effective date, because there is still opportunity for judicial review of his nationality claim through a MTR. (Iasu v. Smith, 12/18/07)
CA3 Overturns Negative Credibility Finding in Burmese Asylum Case
The court held that the IJ failed to elaborate on her reasons for finding that Petitioner’s political activities in Japan and in Burma were not enough to meet the well-founded fear standard. (Thu v. Att’y Gen. of U.S., 12/18/07)
CA9 Rejects MTR Asylum Claim Based on Changed Conditions in Iran
The court held that because the IJ had found Petitioner’s conversion was not genuine and that apostasy would not be imputed to him, the BIA did not abuse its discretion. (Toufighi v. Mukasey, 12/13/07)
BIA Finds Simple Possession of Marijuana Not “Aggravated Felony” in Specific Situation
The BIA held that the drug offense was not an aggravated felony based on recidivist possession despite offense committed after prior conviction for drug offense finalized. Matter of Thomas, 24 I&N 416 (BIA 2007)
BIA Rules State Conviction Based on Recidivism Not Automatically an Aggravated Felony
The BIA held that absent controlling authority on “recidivist possession”, alien’s state conviction for simple possession of controlled substance won’t be considered aggravated felony. Matter of Jose Anget Carachuri-Rosendo, 24 I&N Dec. 382 (BIA 2007)
ICE DRO Field Office Contact Information
This lists the contact information for ICE detention and removal field offices.
ICE Liaison Minutes (12/12/2007)
The liaison minutes record discussions with ICE regarding such topics as: 287(g) agreements, worksite enforcement, bond, transfer of detainees, E-Verify, I-9 issues, voluntary departure, prosecutorial discretion, and other issues.
ICE Extends Comment Period on Immigration Bond Form I-352
ICE extended the comment period for Immigration Bond Form I-352. Comments are due in 60 days. (72 FR 70337, 12/11/07)
CA5 Holds NY Penal Law §165.50 is an Aggravated Felony Theft Offense
The court held that third-degree criminal possession of stolen property in violation of NY Penal Law §165.50 is an aggravated felony “theft offense” within the meaning of INA §101(a)(43)(G). (Burke v. Mukasey, 12/10/07)