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
CA3 Finds No Habeas Jurisdiction to Review BIA's Discretionary Denial of Asylum
Consistent with a number of its sister circuits, the court upheld the BIA's discretionary denial of asylum, finding that discretionary determinations and factual findings are not within the scope of habeas review. (Bakhtriger v. Elwood, 3/10/04)
CA10 Dismisses Petition for Failure to Establish a Substantial Constitutional Issue
The Tenth Circuit held that it had jurisdiction to review denials of cancellation of removal applications only where a substantial constitutional issue exists in the denial. (Alvarez-Delmuro v. Ashcroft, 3/9/04)
CBP Directive on POE Secure Detention Procedures
A 3/9/04 CBP Directive, which was reviewed on 3/1/07, establishes a national policy for temporary detention of persons by CBP in secure areas at POEs. Guidance obtained through the CBP FOIA Library and supersedes a 7/26/01 directive.
DHS Proposes Rule Implementing ‘Safe Third Country’ Agreement
DHS proposed rule that would implement the U.S./Canada “Safe Third Country” agreement which, among other things, provides for a threshold determination to be made as to which country will consider the merits of a prospective asylee’s claims. (69 FR 10620, 3/8/04)
EOIR Responses to AILA's Liaison Questions (3/4/04)
Liaison issues addressed with EOIR included the publication of decisions, I-551 stamps, impact of pending petitions, status of the St. Cyr regulation, use of technology in courtrooms, e-filing, faxing of motions, scheduling of hearings, and periods of voluntary departure granted by the BIA.
CA9 Finds No Time Limitation on Motion to Reopen Under Former INA § 242B(c)(3)(B)
The Ninth Circuit held that neither the statute nor any BIA or Court interpretations place any time limits on filing a Motion to Reopen an in absentia order based on lack of notice under former INA § 242B(c)(3)(B). (Andia v. Ashcroft, 3/2/04)
CA9 Holds that Habeas Stay Request is Not Governed by 242(f)(2)
The Circuit Court held that it had jurisdiction in the interlocutory appeal, and that the section 242(f)(2) bar to enjoining removal applied only to permanent injunction requests, whereas the Habeas request was for a temporary injunction. (Faruqi v. DHS, 3/1/04)
U.S. Supreme Court Grants Certiorari in Another Indefinite Detention Case
The U.S. Supreme Court granted cert in Crawford v. Martinez and consolidated it with Benitez v. Wallis to resolve a circuit split on the issue of whether Zadvydas v. Davis applies to non-admitted foreign nationals. (Crawford v. Martinez, 3/1/04)
Senators Urge President Bush to Protect Haitian Refugees
A 3/1/04 letter from Senators Kennedy (D-MA), Leahy (D-VT), and Durbin (D-IL) to President Bush urging him to abide by our obligations under the 1951 Convention and 1967 Protocol Relating to the Status of Refugees and provide protection to refugees of the crisis in Haiti.
AILA Comments on EOIR's Proposed Attorney Registration Regulation
AILA points out some potential pitfalls of the regulation proposed by EOIR that would require attorneys and representatives to register, in anticipation of electronic filing. Many thanks to Laura Lichter and Tammy Fox-Isicoff for their fine work on this comment.
CA1 Denies Asylum and Withholding Based on Firm Resettlement
The court found that the government established firm resettlement through the submission of a Venezuelan residency stamp in Petitioner’s passport and evidence that Venezuela had twice honored the stamp and admitted Petitioner. (Salazar v. Ashcroft, 2/26/04)
CA1 on Exclusionary Rule in Immigration Proceedings
The court refused to suppress Form I-213, Record of Deportable Alien, rejecting Petitioner's claim that the I-213 was completed by INS as fruit of Fourth and Fifth Amendment violations, as well as in violation of INS regulations. (Navarro-Chalan v. Ashcroft, 2/25/04)
CA11 Vacates Prior Decision Finding Removability Not Established in Weapons Case and Orders Rehearing En Banc
CA11 ordered rehearing en banc and vacated the panel’s prior decision, which held that the INS failed to meet its burden of proving deportability based on an alleged 1991 firearms conviction. (Adefemi v. Ashcroft, 2/24/04)
CA2 Rejects BIA Interpretation of CAT Requirements
The court overruled the BIA in Matter of Y-L- to hold that CAT requires "only that government officials know of or remain willfully blind to an act and thereafter breach their legal responsibility to prevent it." (Khouzam v. Ashcroft, 2/24/04)
Supreme Court Grants Certiorari to Review Whether DUI, Without Mens Rea, is a Crime of Violence
The Supreme Court will decide whether, in light of Matter of Ramos, the petitioner - who was convicted in Florida for driving under the influence with serious bodily injury - was convicted of a crime of violence and therefore an aggravated felony. (Leocal v. Ashcroft, 2/23/04)
U.S. Supreme Court to Hear Case on Removal to Country Without That Country's Prior Acceptance
The Supreme Court granted cert to resolve a circuit split on whether the U.S. may remove a foreign national to a country which has not given prior acceptance to receiving that individual. (Jama v. INS, 2/23/04)
CA2 Says "Defeating a Tax" Is an Aggravated Felony Tax Offense
The court found that attempting to evade or defeat a tax in violation of 26 USC §7201 is an aggravated felony relating to tax evasion under INA §101(a)(43)(M)(ii). (Evangelista v. Ashcroft, 2/23/04)
CA9 Remands Aggravated Feonlyl Re-Entry Case for Review of Prejudice in Prior Defective Removal
Remanding for review of prejudice in petitioner's removal hearing, CA9 found the prior aggravated felony removal to be defective. (U.S. v. Pallares-Galan, 2/20/04)
CA2 Remands Asylum Case for Consideration of Physical Abuse
The court found that the BIA's decision was fatally flawed where it erroneously asserted that Petitioner had not been beaten and further instructed the agency to not place “excessive reliance” on the DOS report on remand. (Chen v. Ashcroft, 2/18/04)
AG Reverses BIA Affirmance Without Opinion
In an unpublished decision, the Attorney General reversed the BIA's affirmance without opinion and granted asylum to a Lebanese Christian who had previously assisted the U.S. Marines in Lebanon. Courtesy of Tim Wichmer.
Major Management Challenges Facing the Department of Homeland Security
The DHS's Office of the Inspector General's report cites the major management challenges facing the DHS to be: consolidating components, contracts, grants, finances, human capital, border security, transportation security, integration of info systems, and security of technology infrastructure.
CA9 Finds No Jurisdiction to Review Due Process Claim Where Not Raised Below
The Ninth Circuit found that the petitioner must have raised his challenges with the IJ or the BIA for the Circuit to have jurisdiction to review claims of due process rights violations. (Barron v. Ashcroft, 2/10/04)
CA10 Upholds BIA Denials and Constitutionality of the AWO Procedure
The Court found that the petitioner didn’t prove an adequate basis for failing to timely file, and denied the request for nunc pro tunc voluntary departure because the appeal was filed after the expiration of the voluntary departure period. (Sviridov v. Ashcroft, 2/10/04)
ICE Favors Release of Aliens Granted Relief by IJs During Appeal Pendency
A 2/9/04 memo from Michael Garcia, ICE Assistant Secretary, indicating that "it is ICE policy to favor release of aliens...granted protection relief by an immigration judge, absent exceptional concerns."
BIA Reaffirms That First Degree Manslaughter Is an Aggravated Felony
The BIA reaffirmed its decision that manslaughter in the first degree in violation of New York Penal Law 125.20 is a crime of violence and is therefore an aggravated felony under INA §101(a)(43)(F). (Matter of Vargas-Sarmiento, 2/5/04)