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 on Termination of Proceedings for Adjudication of Naturalization Application
The BIA held that because BIA and IJs lack jurisdiction to adjudicate naturalization applications, removal proceedings may only be terminated where DHS presents an affirmative communication on prima facie eligibility for naturalization. Matter of Acosta Hidalgo, 24 I&N Dec. 103 (BIA 2007)
Letter Urging Support for the Restoration of Habeas Corpus Rights for Non-Citizen Detainees
Sign-on letter from over 70 NGOs to Senators Harry Reid (D-NV) and Mitch McConnel (R-KY), and Representatives Nancy Pelosi (D-CA) and John Boehner (R-OH), urging their support for legislation to restore the right of habeas corpus to non-citizens detained by the United States.
CA6 Upholds Neg. Credibility Finding; Rejects Use of Minor Inconsistencies
The court concluded that there was sufficient inconsistency in the record to support the IJ’s adverse credibility determination in this Tunisian asylum case, but noted that many alleged inconsistencies were irrelevant or not inconsistent. (Ben Hamida v. Gonzales, 3/7/07)
CA5 Finds No Jurisdiction to Review Visa Revocation Under INA §205
The court held that the decision of the Secretary of Homeland Security to revoke a visa under INA §205 is purely discretionary and may not be reviewed by the court of appeals in accordance with INA §242(a)(2)(B)(ii). (Ghanem v. Upchurch, 3/6/07)
CA10 Refuses to Suppress Evidence of Unlawful Immigration Status
The court held that a federal agent’s failure to provide a lawfully detained suspect a Miranda warning prior to inquiring about his immigration status does not require suppression of that status where fingerprint evidence subsequently confirms such status. (U.S. v. Lara-Garcia, 3/6/07)
DHS OIG Assessment of ICE’s Fugitive Operations Teams
This March 2007 report addresses the effectiveness of United States Immigration and Customs Enforcement’s Fugitive Operations Teams.
CA9 Finds Ukrainian Whistleblower Was Persecuted for his Political Opinion
The court held that the BIA erred in finding that Petitioner’s whistleblowing was not political opinion. The court found his whistleblowing was political because it was directed “toward a government institution.” (Fedunyak v. Gonzales, 3/2/07)
CA9 Holds California Stalking Conviction is Not a “Crime of Violence”
On petition for rehearing, the court held that Petitioner’s conviction for stalking under California Penal Code §646.9 does not qualify as a crime of violence under 18 USC §16(b), and is therefore, not an aggravated felony. (Malta-Espinoza v. Gonzales, 3/2/07)
Immigration Law Today-Mar/Apr 2007
The Mar/Apr 2007 issue of Immigration Law Today focuses on asylum, including one man's journey behind Guantanamo, asylees from gang warfare, and children fleeing persecution.
CA7 Finds BIA’s Summary Dismissal Proper Where No Brief Was Filed
The court found that there was no error or abuse of discretion in BIA’s summary dismissal in the case of an applicant who indicated on her NOA that a brief would be filed and then failed to file a brief.(Kokar v. Gonzales, 3/1/07)
CA8 Finds Iraqi Filed Frivolous Asylum Claim; Denies Asylum, W/H, and VAWA
The court found that the IJ’s determination that Petitioner filed a frivolous asylum application was supported by substantial evidence. The court also found that substantial evidence supported the IJ’s negative credibility finding. (Aziz v. Gonzales, 3/1/07)
CA8 Upholds Finding that Indonesian Christians Lack Well-Founded Fear
The court held that the past incidents suffered by Petitioners did not amount to persecution because they were limited to minor damage to their car and home, a robbery, and fleeing from a church unharmed. (Lengkong v. Gonzales, 3/1/07)
Immigration Law Advisor, February 2007 (Vol. 1, No. 2)
Immigration Law Advisor with an article on misdemeanor assault, battery, and harassment as crimes of violence, an article on the high dismissal rate of petitions for review, federal court activity and recent BIA decisions for January 2007, and a regulatory update.
BIA Holds TPS Can Be Asserted in Removal Proceedings
The BIA held that Temporary Protected Status can be asserted in removal proceedings, even if AAU previously denied application. Matter of Barrientos, 24 I&N Dec. 100 (BIA 2007)
CA7 Refuses to Allow Late Filed Motion to Reopen for §212(c) Relief
Petitioner’s special motion to reopen for consideration of his application for §212(c) relief was filed after the 4/26/05 deadline imposed by 8 CFR §1003.44(h), and thus the petition for review was denied.(Johnson v. Gonzales, 2/28/07)
CA2 Finds Sexual Assault Was Motivated by Protected Ground
The court found that the beatings and sexual assault were motivated in part by an imputed political opinion and Petitioner’s Tamil ethnicity and that the assault cannot be viewed as simply a criminal act. (Rizvie v. Gonzales, 2/28/07)
DHS Testimony on Immigration Reform before the Senate Judiciary Committee
On 2/28/07, Department of Homeland Security Secretary Michael Chertoff will testify before the Senate Judiciary Committee regarding comprehensive immigration reform.
Published Notice on FOIA Processing Track for Those Appearing Before an IJ
Effective 3/30/07, a third FOIA request processing track will be established for individuals appearing before an immigration judge. (72 FR 9017, 2/28/07)
USCIS Press Release on New NTA FOIA Request Track
A 2/28/07 USCIS Press Release announced the launch of a new FOIA request track for individuals who are scheduled to appear before an IJ. Cases in which an IJ has issued a final order or those in which an appeal has been filed with the BIA will not be included in the new NTA FOIA request track.
USCIS Issues FOIA Fact Sheet
A 2/28/07 USCIS FOIA Fact Sheet, describes the three FOIA request processing tracks. Guidelines are provided on the information and documentation required to place a request in the new Notice to Appear track, effective 3/30/07.
CA6 Finds No Abuse of Discretion in BIA Denial of Motions to Reopen and Reconsider
CA6 held that absent evidence of an I-130, Petitioner failed to establish prima facie eligibility for adjustment of status. Because new evidence was introduced, the motion will be treated as a second motion to reopen which is barred by statute and regulation. (Alizoti v. Gonzales, 2/26/07)
CA3 Remands for Analysis of “Particularly Serious Crime” Bar to CAT Relief
The court remanded to the BIA, finding that the IJ failed to discuss why Petitioner’s conviction did not meet the requirements for an exception to the particularly serious crime presumption. (Lavira v. U.S. Att’y Gen., 2/26/07)
CA11 Reverses IJ’s Finding that Petitioner Was Convicted of an Aggravated Felony
CA11 held that the IJ erred in concluding that the restitution order was evidence of the loss needed to transform a fraud conviction into an aggravated felony. The restitution order was based on facts that were not charged, proven or admitted. (Obasohan v. U.S. Att’y Gen., 2/23/07)
CA6 Dismisses Appeal Under Fugitive Disentitlement Doctrine
After filing the petition for review, Petitioner failed to report for removal despite a lawful order requiring him to do so. The court dismissed Petitioner’s appeal of the BIA’s denial of his motion to reopen under the fugitive disentitlement doctrine. (Garcia-Flores v. Gonzales, 2/23/07)
CA8 Finds Lack of Jurisdiction to Review Timeliness of Asylum Application
The court found that it was precludedfrom reviewing the timeliness of an asylum applicatio, and noted that it was granted limited jurisdiction under REAL ID Act to review constitutional claims or errors of law, but that the date of entry was a factual finding. (Yakovenko v. Gonzales, 2/23/07)