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
CA9 Holds Voluntary Departure Must Be “Knowing and Voluntary” Before it Breaks Continuous Physical Presence
Voluntary departure only breaks continuous physical presence for cancellation purposes when there is substantial evidence of the order and the person has knowingly and voluntarily consented to, the terms of the VD agreement. (Ibarra-Flores v. Gonzales, 3/6/06)
CA9 Says Statutory Rape is Not a Per Se Crime of Violence (Updated 4/10/06)
The court held that, where the minor consents, a conviction for statutory rape under California Penal Code §261.5(c) is not a crime of violence because it does not involve a substantial risk of violence in its commission. (Valencia v. Gonzales, 3/6/06)
Sign-On Letter to Senate Opposing Provisions in Chairman’s Mark That Would Harm Asylum Seekers
Letter signed by 84 organizations and 117 individuals and delivered to the Senate on 3/6/06, opposing provisions in the Chairman’s Mark that would harm “vulnerable populations, including asylum-seekers, children, trafficking victims, and others seeking protection in the United States.”
CA2 Says Women Sold into Marriage in China Is a Social Group
The court found that women who have been sold into marriage and who live in a part of China where forced marriages are considered valid and enforceable is a particular social group for purposes of asylum. (Gao v. Gonzales, 3/3/06)
CA8 Says Pre-IIRIRA Advance Parole Regulation is Not Ultra Vires to Suspension of Deportation Provision
The court rejected Petitioner’s claim that the advance parole regulation, which mandated placement in exclusion proceedings thus preventing him from seeking suspension of deportation, was ultra vires to the suspension provision.(Geach v. Chertoff, 3/3/06)
CA8 Upholds Decision that Catholic Indonesian Did Not Suffer Past Persecution and Does Not Have a Well-Founded Fear
The court held that past persecution does not normally include unfulfilled threats of physical injury. The court also found the IJ did not err with regard to his well-founded fear finding because the harm feared was not nationwide. (Setiadi v. Gonzales, 3/3/06)
CA7 Holds a Petition for Review That Only Impacts Duration of Inadmissibility Is Ripe and Aggravated Discharge of a Firearm Is Crime of Violence
Where Petitioner conceded removability for a firearms offense but disputed the offense was a crime of violence, the court concluded the case was ripe for judicial review because resolution would determine the length of Petitioner’s future inadmissibility. (Quezada-Luna v. Gonzales, 3/3/06)
CA9 Addresses Interplay Between Discretionary Bar to Judicial Review and Motion to Reopen Denials
The court found it lacked jurisdiction to review the BIA’s denial of a motion to reopen where the BIA had previously made an adverse discretionary determination concerning relief enumerated in INA §242(a)(2)(B)(i). (Fernandez v. Gonzales, 3/2/06)
US ICE Publishes New Organizational Chart
US ICE Organizational Chart as of January 2006.
CA8 Reviews Denial of Motion to Rescind 1995 In Absentia Order for Lack of Notice of the Hearing
The court refused to consider affidavits attesting to lack of notice to determine whether Petitioner overcame the presumption of effective service because they were not submitted to the IJ and its review was limited to the record. (Rodriguez-Cuate v. Gonzales, 2/24/06)
CA9 Says §245(i) AOS Trumps Inadmissibility under INA §212(a)(9)(C)(i)(I)
Relying on Perez-Gonzalez, CA9 held that Petitioner is eligible for adjustment of status under INA §245(i) despite inadmissibility under INA §212(a)(9)(C)(i)(I) for having illegally reentered after having accrued more than a year of unlawful presence. (Acosta v. Gonzales, 2/23/06)
CA2 Denies Motion to Reinstate Petition for Review
The court acknowledged its authority to reinstate a petition for review “where manifest injustice would otherwise result,” but denied the motion because it concluded the petition for review was meritless. (Valbrun v. Gonzales, 2/22/06)
CA2 Discusses Subtle Inconsistencies and Credibility Determinations
In a case of first impression, the court held that where an inconsistency is not self-evident, an IJ may not rely on it without first bringing it to the attention of the applicant and giving the applicant the opportunity to explain. (Xue v. BIA, 2/21/06)
CA2 Upholds Denial of MTR in Chinese Family Planning Case
The court held that the BIA did not abuse its discretion because it considered and rejected evidence of changed country conditions, and further concluded that remand would be futile. (Wang v. BIA, 2/17/06)
CA2 Says BIA Erred in Denying MTR, But Remand Would Be Futile
The court noted that the BIA erred in denying a motion to reopen by failing to assess whether country conditions had changed, but found that remand would be futile because the BIA addressed the error in denying the motion to reconsider. (Alam v. Gonzales, 2/17/06)
CA1 Finds Rhode Island Statutory Rape Is a Crime of Violence
The court held that third degree sexual assault under Rhode Island General Law §11-37-6 is a crime of violence because the statute clearly contemplates a substantial risk of the use of physical force against a minor. (Aguiar v. Gonzales, 2/16/06)
CA9 Says Repeal of Suspension of Deportation Has Retroactive Effect
The court said that IIRIRA’s repeal of suspension of deportation would have impermissible retroactive effect because it would attach a new disability to Petitioner's 1988 guilty plea. (Lopez-Castellanos v. Gonzales, 2/16/06).
CA8 Rejects Identity Challenge in Reinstatement Case
The court upheld the fingerprinting procedure used to confirm the Petitioner was previously ordered removed and the regulation permitting ICE officers to make reinstatement determinations. (Ochoa-Carillo v. Gonzales, 2/15/06)
CA5 Rejects Claim to Suppress Evidence Obtained Through Special Registration
CA5 found no basis to suppress evidence found under NSEERS. Also, a challenge to a denial of a continuance to await a labor certification to pursue adjustment under INA §245(i) requires a showing that the statutory filing deadlines were met. (Ali v. Gonzales, 2/15/06)
CA9 Finds IJ’s Decision Supported by Substantial Evidence and Upholds Asylum Denial
The court affirmed the IJ’s decision that an ethnic Indian from Fiji did not suffer past persecution or have a well-founded fear. It found that the BIA's violation of its summary affirmance regulations by including a footnote was harmless error. (Kumar v. Gonzales, 2/15/06)
CA5 Concludes Assault Was Not a Crime of Violence
Concluding that “offensive or provocative contact” does not necessarily involve the use of physical force required by 18 USC §16, CA5 found an assault conviction was not a crime of violence and granted consideration of his claim under INA §212(c). (Gonzalez-Garcia v. Gonzales, 2/14/06)
CA2 Upholds Adverse Credibility, Says Remand Would Be Futile
The court found that the IJ misstated evidence and erred in speculating that Petitioner was not a Sikh but still held that there were ample grounds to support adverse credibility and that remand would be futile. (Singh v. BIA, 2/14/06)
CA3 on Retroactivity of Suspension of Deportation
Relying on former INA §244(a)(2), which requires ten years continuous physical presence and good moral character following a deportable act, the court found that Petitioner had no reasonable expectation of suspension after he entered his guilty plea. (Hernandez v. Gonzales, 2/14/06)
CA2 Says IJ Must Inquire Into Fear of Sterilization as Basis for CAT
The court noted that neither it nor the BIA had determined whether forced sterilization amounts to torture and that it was error for the IJ to conclude that Article III of CAT was inapplicable where the IJ made no individual inquiry. (Ni v. BIA, 2/13/06)
CA2 Rejects Untimely Motion to Reopen
The court held that Petitioner did not qualify for an exception for untimely motions because he did not show changed conditions in China and his ineffective assistance of counsel claim was raised 20 months after the BIA’s decision. (Chen v. Gonzales, 2/13/06)