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
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.
A Compromised Judiciary
In a troubling turn of events, it appears that the Federal judiciary has become complicit in an effort to deprive employees of an Iowa meat packing plant of their basic rights. AILA calls upon the court system and DOJ and DHS to restore due process and maintain the presumption of innocence.
EOIR Announces Release of Legal Orientation Program Evaluation Report
A 5/15/08 EOIR News Release summarizes the findings of a Vera Institute of Justice report on the impact and benefits of EOIR’s Legal Orientation Program.
AG Overrules BIA Holdings on Refugee Status for Spouse in Forced Abortion/Sterilization Cases
The Attorney General, in In re Matter of Jianzhong Shi, overruled two precedent, en banc BIA decisions on entitlement to per se refugee status for the spouses of individuals physically subjected to a forced abortion or sterilization procedure.
Sign-On Letter On Provisions of Medical Care to Immigration Detainees
A sign-on letter from 18 civil rights, religious, and advocacy organizations to DHS Secretary Michael Chertoff expressing concern over the provision of medical care to immigration detainees.
On the Hot Seat Over Detainee Medical Care, ICE Responds
Following the introduction of legislation on detainee medical care, and media exposés on substandard medical care for detainees, ICE responds.
AILA Condemns ICE's Failure to Provide Basic Medical Care
AILA applauds the introduction of the Detainee Basic Medical Care Act of 2008. This bill takes an important step in addressing ICE’s outrageous failure to provide medical treatment in detention facilities which has resulted in serious harm to detainees and in some cases, even death.
BIA Reverses Adverse Credibility Finding for Battered Cancellation of Removal Applicant
The BIA held that the IJ erred in the adverse credibility determination, which was based solely on the fact that the applicant attempted to enter the U.S. by fraud, finding the respondent met the burden of establishing she was a battered spouse for purposes of special rule cancellation of removal.
ICE Correspondence Addresses Right To Presence Of Counsel
ACLU of Northern California letter to ICE and ICE response regarding right to presence of counsel at certain stages of detention.
EOIR Reminds Coercive Population Control Asylees to Report Changes of Address
A 5/12/08 EOIR news release reminds coercive population control asylees to provide change of address information to both DHS and EOIR.
DHS OIG Report on ICE Detainee Telephone Services Contract
DHS Office of Inspector General released a report on the quality of service provided by Public Communication Services, Inc., contracted to provide pro bono telephone service to detainees, in exchange for the exclusive right to sell detainees debit calling cards and to charge fees for collect calls.
Postville Raid: ICE Warrant and Affidavit
ICE submitted the following Application and Affidavit for a Search Warrant of the Postville Agriprocessors meat processing plant prior to the May 12 raid of the facility.
CA9 Discusses “Maximum Penalty Possible” Under the Petty Offense Exception
CA9 held that because the statutory maximum sentence for bribery of a public official was fifteen years, the petty offense exception did not apply despite the fact that the sentencing guideline range for the offense was zero to six months. (Mendez-Mendez v. Mukasey, 5/8/08)
CA2 Says IJ May Accept Late Filed Supporting Asylum Documents
The court held that where an asylum applicant has demonstrated good cause for failure to timely file documents and a likelihood of substantial prejudice, the IJ may depart from the deadline imposed by relevant local rules. (Dedji v. Mukasey, 5/8/08)
ICE Semiannual Report on Compliance With National Detention Standards
This report rates facilities by looking at the following issues: access to legal materials, telephone access, medical care, grievance procedures, transfer of detainees, religious practices, as well as other issues addressed in the national standards.
CA6 Finds “Personal Dispute” with UAE Prince Not Basis for Asylum
The court found substantial evidence supported the IJ’s conclusion that Petitioner was an angry investor, not a political dissident, when he confronted a United Arab Emirates Prince and called him a thief. (Zoarab v. Mukasey, 5/6/08)
CA9 Finds Record Compels Conclusion of Imputed Political Opinion Nexus
The court held that Petitioner demonstrated the facts necessary to prove an imputed political opinion claim and was thus eligible for asylum. (Silaya v. Mukasey, 5/6/08)
Orlando IJ Grants Asylum to Victim of Domestic Violence
An immigration judge for the Orlando, Florida Immigration Court finds that a victim of domestic violence merits a grant of asylum on humanitarian grounds. The social group is defined as “Honduran women in intimate relationships who are unable to leave the relationship.” Courtesy of John Ovink.
DHS Releases Medical Records Requests Forms
The following are the appropriate disclosure forms used for obtaining immigrant detainee medical records.
CA9 Finds Subjective Intent is Not Relevant to “Changed Circumstances”
The court held that there was no support for the IJ’s holding that Petitioner did not qualify for the changed circumstances exception to asylum filing deadline solely because his subjective intent to apply existed before the expiration of the one-year period. (Fakhry v. Mukasey, 5/5/08)
CA11 Finds No Jurisdiction to Review BIA’s Refusal to Reopen Sua Sponte
CA11 held that it lacks jurisdiction to hear an appeal of BIA’s denial of a motion to reopen because the decision to reopen proceedings sua sponte is an action “committed to agency discretion by law” under the Administrative Procedure Act. (Lenis v. United States Att’y Gen., 5/5/08)
CA9 Upholds Denial of MTR Asylum Claim Based on Changed Circumstances
CA9 held that the BIA’s interpretation of INA §208(a)(2)(D) and §240(c)(7) in Matter of C-W-L- was reasonable, and found that Petitioner could apply for asylum only by filing a motion to reopen, subject to its limitations, despite a change in circumstances. (Chen v. Mukasey, 5/2/08)
CA3 Rejects Taylor/Shepard Approach in Determining Amount of Loss in Fraud Conviction
The court held that for purposes of the amount of loss under INA §101(a)(43)(M)(i), where a petitioner has not admitted to an amount in a plea, nor has a jury found an amount as part of a conviction, a court may inquire outside the record of conviction. (Nijhawan v. AG of the U.S., 5/2/08)
CA2 Remands, Finds Petitioner Did Not Waive His Right to Appeal
The court held that while accepting an IJ’s decision as final can serve as an effective waiver of appeal, the record did not support the conclusion that Petitioner or counsel understood the nature of the waiver. (Ali v. Mukasey, 5/2/08)
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.