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
ICE Releases Revised Procedures for Automatic Stay of Custody Decisions by IJs
Obtained via FOIA by Hoppock Law Firm, ICE released guidance and procedures for the use of the revised automatic stay provision contained in 8 CFR § 1003.6(c) and § 1003.19(i) pursuant to DOJ's final rule issued on 10/2/06. Special thanks to Matthew Hoppock.
AILA Liaison/EOIR Q&As (10/18/06)
The EOIR provides answers to AILA Liaison agenda item questions from an 10/18/06 meeting. Topics include the complaint process for IJ conduct, EOIR policies regarding unaccompanied minor children, corroboration of asylum claims, filing at the BIA and Matter of Liadov, and more.
EOIR Announces 10 New Legal Orientation Programs
EOIR announced that six new Legal Orientation Program (LOP) sites for adults, and four sites for children, will become operational within the next few months to assist detained individuals in immigration court proceedings.
CA2 Remands Issue of Whether Two Children in China Is a Basis for Asylum
The court remanded the question of whether having more children than Chinese law allows, standing alone, may serve as a basis for asylum, noting that the question is not clearly answered by the statutory definition of refugee. (Shao v. BIA, 10/12/06)
CA5 Holds Unlawful Procurement of Naturalization is a Crime Involving Moral Turpitude
The court held that unlawful procurement of naturalization, in violation of 18 USC §1425(a), is a crime involving moral turpitude. The court denied Petitioner’s request for concurrent relief under former INA §212(c) and current INA §240A(a). (Amouzadeh v. Winfrey, 10/5/06)
CA9 Finds No Jurisdiction to Review Discretionary Challenge Recast as Due Process Claim
CA9 held that it had no jurisdiction to review the claim that the IJ and BIA violated due process rights by not weighing the equities before denying his adjustment of status application. It found this to be a challenge to a discretionary decision. (Bazua-Cota v. Gonzales, 10/3/06)
Supreme Court Hears Arguments in Drug Possession Cases
The Court heard arguments in two consolidated cases, and is poised to decide whether drug possession convictions that qualify as state felonies, but would not qualify as felonies under federal law, constitute aggravated felonies as defined in INA § 101(a)(43)(B) ("drug trafficking crimes").
Supreme Court Remands CA9 Asylum Case Based on Harm to Disabled Child
The Court granted the cert petition, vacated the Ninth Circuit’s decision permitting an asylum-seeker to base her claim on the harm suffered by her disabled child, and remanded the case for further consideration in light of Gonzales v. Thomas. (Gonzales v. Tchoukhrova, 10/2/06)
CA9 Refuses to Equitably Toll Filing Deadline for Motion to Reconsider
The court refused to equitably toll the filing deadline for Petitioner’s untimely motion to reconsider, finding that Petitioner was given notice of the significant legal issue in his case and was represented by counsel. (Mendez-Alcaraz v. Gonzales, 10/2/06)
EOIR Final Rule Regarding Custody Determinations
EOIR final rule which clarifies the existing regulatory provision for DHS to invoke a temporary automatic stay of an immigration judge’s decision ordering an alien’s release under applicable circumstances. The final rule is effective November 1, 2006. (71 FR 57873, 10/2/06)
Petition for a Writ of Habeas Corpus under 28 USC §2241
Sample petition for a writ of habeas corpus challenging the unlawful detention of an alien who has been ordered removed from the United States, but has not been physically deported from the United States (October 2006). (Complaint, Amendment, Other Pleading)
CA1 Finds Cambodian Asylum Applicant Failed to Link PTSD to Past Harm
The court upheld the IJ’s determination that Petitioner did not have a well-founded fear of future persecution and that Petitioner failed to show that her PTSD was related to persecution. (Ouk v. Gonzales, 9/29/06)
AILA Acknowledges Tenth Anniversary of IIRIRA
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) is a vast and controversial law that has done little to reform our immigration system and much to create hardship and suffering for thousands of immigrants and their U.S. families.
CA9 Finds Iranian MEK Supporter Qualifies for Deferral of Removal under CAT
CA9 found sufficient evidence to show that Iranian officials could identify petitioner as a supporter of the MEK and would likely torture him. Finding that CAT provides relief for suffering beyond lawful sanctions, the court held for deferral of removal. (Hosseini v. Gonzales, 9/28/06)
Be on the Lookout for Increased NTA Activity
The May 2006 memo on discretionary factors in adjudication, comments by USCIS leadership, and the July 2006 NTA guidance point to the likelihood of increased NTA issuance in the near term.
CA1 Upholds Adverse Credibility Finding Despite Child’s Asylum Grant
The court held that the IJ gave specific cogent reasons for disbelieving Petitioners, including their failure to mention their daughter’s kidnapping in their motion to reopen and numerous inconsistencies. (Dine v. Gonzales, 9/27/06)
BIA Finds Alternative Holdings Retain Precedential Value
The BIA held that when the AG overrules one holding but expressly declines to vacate others, they retain their precedential value. Matter of Robles-Urrea, 24 I&N Dec. 22 (BIA 2006)
CA1 Rejects Constitutional Challenges to NSEERS Program
The court refused to suppress evidence obtained during Petitioner’s NSEERS interview, concluding that his Fifth Amendment due process rights had not been violated and that the program does not violate equal protection principles. (Kandamar v. Gonzales, 9/26/06)
CA1 Upholds Adverse Credibility Finding in Chinese Christian Asylum Case
The court found that Petitioner only addressed two of the 11 reasons enumerated for the adverse credibility finding, and that the finding would stand even if the IJ correctly analyzed Petitioner’s testimony about his job discharge. (Zheng v. Gonzales, 9/26/06)
AILA-USCIS Liaison Meeting Minutes (9/26/06)
On September 26, 2006, AILA Liaison met with USCIS HQ. The meeting minutes are unofficial and do not represent enunciation of formal policy on the part of USCIS.
CA7 Finds No Jurisdiction After BIA Reopens Proceedings on its Own Motion
The court held that where the BIA reopens proceedings on its own motion, subsequent to the filing of a petition for review, the petition must be dismissed for lack of jurisdiction because there is no longer a reviewable final order. (Gao v. Gonzales, 9/25/06)
CA9 Remands for BIA Consideration of Ineffective Assistance of Counsel Claim
The court held that the failure to file a petition for review or a motion to reopen within Petitioner’s voluntary departure period, despite warnings from the IJ, amounted to ineffective assistance of counsel. (Granados-Oseguera v. Gonzales, 9/25/06)
Senate Appropriators Block Harsh Enforcement Provisions from Conference Agreement on DHS Funding
On 9/25/06, House and Senate conferees agreed on a $34.8 billion conference report to fund the DHS in FY2007. A group of Senate appropriators prevented the inclusion in the report of harsh immigration enforcement measures that House Republicans attempted to attach to it.
CA1 Finds Date of Criminal Conduct Irrelevant Under AEDPA Bar to §212(c)
The court held that AEDPA §440(d) barred §212(c) relief because Petitioner was convicted of the relevant offense after the Act’s effective date. The fact that the conduct took place before the effective date was irrelevant. (Santa Cruz-Bucheli v. Gonzales, 9/22/06)
Text of the Immigration Law Enforcement Act of 2006 (H.R. 6095)
Text of the Immigration Law Enforcement Act of 2006 (H.R. 6095), introduced on 9/19/06 by Rep. Sensenbrenner (R-WI) and passed by the House on 9/21/06 by a vote of 277-140.