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 Rejects Amendment to Habeas Petition
Finding that an amendment to a habeas petition would have been futile for a petitioner convicted of burglary, CA9 refused to allow a motion for reconsideration to be treated as a habeas petition amendment. (Nunes v. Ashcroft, 11/3/03)
CA3 Upholds Indefinite Detention of Mariel Cuban
The court found that INA §241(a)(6) applies to a Mariel Cuban, but upheld the indefinite detention, finding that the 6-month presumption of reasonableness in Zadvydas does not apply to aliens who have not been admitted to the U.S. (Sierra v. Romaine, 10/29/03)
CSC Written Answers to AILA's Questions (10/29/03)
Although the 10/29/03 CSC liaison meeting was cancelled due to conditions resulting from the fires in the area, the CSC provided written answers to AILA's questions. Issues discussed include NTA issuance, RFEs, correcting I-94s, EB-5 cases, security checks, visa screen requirements, and more.
ACLU Advisory: NSEERS and Special Call-In Registration Re-registration Requirements
This ACLU Advisory outlines re-registration requirements for individuals who registered under both National Security Entry-Exit Registration System (NSEERS) and "Call-in Special Registration."
CA5 Holds That Departure under Administrative VD Terminates Physical Presence
The Fifth Circuit held that a departure following the grant of administrative voluntary departure terminates the continuous physical presence needed for cancellation of removal. (Mireles-Valdez v. Ashcroft 10/27/03)
AILA Press Release: Protecting the Most Vulnerable
AILA urges support for the Unaccompanied Alien Child Protection Act of 2003, and commends Representative Zoe Lofgren (D-CA) for introducing this crucial piece of legislation which addresses many of the problems facing the over 5,000 unaccompanied immigrant children found in the U.S. each year.
CA2 Finds CT Statutory Rape Is an Aggravated Felony
The court held that second-degree sexual assault (statutory rape) in violation of Connecticut General Statutes §53a-71 is an aggravated felony crime of violence. (Chery v. Ashcroft, 10/17/03)
CA9 Shows Inclination to Refuse Retroactive Effect of IIRAIRA Section 321
The Ninth Circuit indicated an inclination to hold that a retroactive effect of IIRAIRA section 321's expansion of the aggravated felony definition would violate due process. (USA v. Ubaldo-Figuerora, 10/17/03)
ABA Calls on BIA to Discard 2002 Procedural Changes
The American Bar Association (ABA), on 10/13/03, called on the BIA to discard procedural changes it adopted in 2002. The announcement follows an ABA review of a recent study on the BIA changes which found that they have had a “serious and sweeping effect on the administration of justice.”
CA9 Holds that a Pre-Sentence Report is Not Within the Record of Conviction For the Purpose of Determining Grounds of Removal
CA9 held that, for a conviction under a state statute criminalizing both conduct that does and does not qualify as an aggravated felony, the record of conviction can be examined, but a Pre-Sentencing report is not part of the record of conviction. (Lara-Chacon v. Ashcroft, 10/10/03)
EOIR Instructions for Going "Off-Record" During Proceedings
OCIJ memo advises IJ’s to limit off-record discussions, instructs to clarify for the record when the recorder is turned off, summarize the off-record discussion when the recorder is turned on, and ask the parties if there is anything to add to the summary. Memo became effective on 10/10/03.
CA3 on Impact of Credibility Finding on Corroboration
The court remanded to the BIA to reconsider its adoption of the IJ's finding on corroboration in light of its reversal of the IJ's adverse credibility finding. (Miah v. Ashcroft, 10/9/03)
CA7 Allows Re-Start of 30-Day Clock for Review Petition on Reissued Order
CA7 held that, where a decision was reissued because the petitioner did not receive it until after the petition for review period had run, the reissued decision can be treated as a new decision, establishing a new petition for review deadline. (Firmansjah v. Ashcroft, 10/17/03)
CA9 Finds Eligibility for VAWA Suspension for Mental Cruelty Committed in the United States
Though physical cruelty occurred outside the U.S., CA9 found VAWA suspension eligibility where the applicant was subjected to the "contrite" phase of mental cruelty while in the U.S. (Hernandez v. Ashcroft, 10/7/03)
USCIS Training Materials on 212(h) Waivers
Training materials used by USCIS with respect to criminal waivers under section 212(h) and Matter of Jean.
CA9 Reverses BIA, Finding that Oral Advisories on Failure to Comply with Voluntary Departure Were Not Sufficiently Specific
CA9 found that the petitioner was not barred from applying for suspension because the oral advisory provided by the IJ did not identify the types of relief for which he would become ineligible if he failed to depart pursuant to the voluntary departure order. (Ordonez v. INS, 10/2/03)
CA9 Rejects Government Argument that Former INA section 236(e) Governs Petitioner's Detention
CA9 ruled that the repealed provision INA section 236(e) cannot govern petitioner’s current detention, and that his detention review was governed, instead, by post-IIRIRA law, Zadvydas, and Ma. (Martinez-Vasquez v. INS, 10/1/03)
USCIS HQ Provides Written Responses to Issues Raised in Liaison (10/1/03)
USCIS' written responses to liaison questions include readjudication of established facts, AC21, zero tolerance, and healthcare worker visa screens.
EOIR's Responses to AILA Liaison Questions (9/25/03)
Liaison issues addressed with EOIR included such topics as conditional asylum grants, EOIR-27 and -29 forms, judicial behavior, case completion policies, appraisals of IJ performance, administrative closure, continuances, custody hearings, and OCIJ assignments.
CA9 Strikes Down Indefinite Detention Where Removal is Not "Reasonably Foreseeable"
CA9 held that the Supreme Court's decisions in Zadvydas and Ma did not differentiate between inadmissible and deportable aliens, nor between pre- and post- IIRIRA orders of exclusion, deportation, or removal. Therefore, post-IIRIRA law applies. (Marquez v. INS, 9/19/03)
CA9 Holds That It Has Equitable Jurisdiction to Stay the Voluntary Departure Period Pending Review
CA9 rejected the assertions that it lacked jurisdiction to stay the voluntary departure period pending review, holding that it should adjudicate motions for a stay of voluntary departure under the same balancing test as motions to stay removal. (El Himri v. Ashcroft, 9/19/03)
CA9 Upholds Somali Class Action and Preliminary Injunction Enjoining Removal to Somalia
The Ninth Circuit found that nationwide class certification was proper and that petitioners had standing. It affirmed the reasoning and holding of the district court prohibiting removal without acceptance by the foreign government. (Ali v. Ashcroft, 9/17/03)
USCIS Issues Guidance on Service Center Issuance of Notice to Appear (Form I-862)
A 9/12/03 memo from William Yates, USCIS Associate Director, providing field guidance on the initial phase of the program for service centers to issue NTAs. Officers are reminded that the 11/17/00 Meissner memo on prosecutorial discretion remains in force.
CA2 Says BIA Erred in Considering Pre-Sentence Report
The court found that the BIA erred in considering the pre-sentence report in determining whether Petitioner's conviction for unlawful imprisonment was an aggravated felony crime of violence. (Dickson v. Ashcroft, 9/9/03)
CA9 Finds IJ Behavior Violated Due Process
The Ninth Circuit found that an IJ's questioning and remarks about petitioner's sexual morality reflected bias that prevented her from being a neutral fact-finder, thus preventing full presentation of a claim for suspension. (Reyez-Melendez v. INS, 9/4/03)