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
CA1 Rejects Social Group Claim of Senegalese Woman
The court held that women who had a child out of wedlock, and are considered adulterers because they gave birth to a child allegedly not their husband’s and have been abused by their husbands is not a protected social group. (Faye v. Holder, 9/2/09)
CA2 Says No Natz Adjudication While While Removal Proceedings are Pending
The court held that INA §318 bars DHS from considering a naturalization application where removal proceedings are pending and that individuals in removal proceedings may not avail themselves of 8 CFR §1239.2(f). (Perriello v. Napolitano, 9/1/09)
CA9 on “Grandfathering” Under INA §245(i)
A derivative spouse is only eligible for §245(i) adjustment if he or she is “accompanying or following to join” the principal alien. Status as a mere registrant for the RAW program does not grandfather petitioner into §245(i). (Landin-Molina v. Holder, 9/1/09)
Immigration Law Advisor, August 2009 (Vol. 3, No. 8)
Immigration Law Advisor, a legal publication from EOIR, with an article on changed circumstances and country conditions for asylum cases, federal court activity for July 2009, an article on the REAL ID act, and a regulatory update.
MPI Report on Immigration Detention
In September 2009, MPI released a report on ICE’s responsibilities for immigration detention facilities.
CA7 Holds Board Abused Discretion by Rejecting Brief as Out of Time
The court held that the Board abused its discretion when it rejected Petitioner’s brief as out of time where Petitioner never received notice of the briefing schedule. (Dakaj v. Holder, 8/31/09)
ICE Extends Information Collection on Electronic Bonds Online Access
ICE extension of the information collection on Electronic Bonds Online (eBonds) Access. Related forms are Form I-352SA, Surety eBonds Access Application and Agreement and Form I-352RA, eBonds Rules of Behavior Agreement. Comments are due 9/30/09. (74 FR 44865, 8/31/09)
USCIS Issues Guidance for Surviving Spouses of U.S. Citizens
On 8/31/09 USCIS issued guidance on requesting deferred action for surviving spouses of U.S. citizens who died before the second anniversary of their marriage. FAQs and Fact Sheet follow.
CA9 Finds UCMJ Article 92 Is Not Categorically an Aggravated Felony
The court held that a violation of Article 92 of the Uniform Code of Military Justice is not categorically an aggravated felony where Petitioner pled guilty to using a government computer to access pornography. (Aguilar-Turcios v. Holder, 9/29/09; withdrawn 8/29/11)
Practice Pointer: How to Inform USCIS When TPS Is Granted by an Immigration Judge
AILA Liaison reminds practitioners to inform USCIS when late-registration Temporary Protected Status (TPS) is granted by an immigration judge in order to apply for a TPS renewal and work authorization document.
CA7 Remands to Board for Failure to Consider Petitioner’s Changed Circumstances Motion To Reopen
The Court held that the Board erred when it failed to consider Petitioner’s argument that her parent’s threat of forced marriage in Pakistan constituted a changed circumstance, allowing a second motion to reopen to be filed out of time. (Joseph v. Holder, 8/27/09)
CA1 Upholds Adverse Credibility Absent Corroborating Evidence
The court denied the petition for review, finding that the immigration judge’s adverse credibility finding was supported by substantial evidence and that Petitioner failed to provide corroborating evidence to clear up inconsistencies. (Zheng v. Holder, 8/27/09)
United States and Mexico Resume Voluntary Humanitarian Interior Repatriation Program
DHS announced that it has resumed the Mexican Interior Repatriation Program (MIRP) for the sixth consecutive summer.
AILF and AILA Urges BIA to Vacate Matter of Perez-Vargas
AILF and AILA amicus brief arguing that Matter of Perez-Vargas, 23 I&N Dec. 829 (BIA 2005) should vacated because it deprives skilled foreign workers in removal proceedings the ability to change jobs under AC21.
AILA Amicus Brief Regarding Application of Nijhawan v. Holder
AILA amicus brief arguing that Nijhawan v. Holder overturned the BIA's decision in Matter of Babaisakov regarding the type of evidence/procedures IJs can use when an element of the aggravated felony definition may be proven beyond the record of conviction.
CA1 Affirms BIA Denial of Ugandan Asylum Claim
The court affirmed the BIA’s denial of asylum, withholding, and CAT, finding that Petitioner’s evidence was inconsistent, vague and lacked corroboration. (Matovu v. Holder, 8/20/09)
CA7 Remands Asylum Claim: IJ’s Denial of Asylum for FGM Persecution Claim in Error
The court held that immigration judge’s ruling that female genital mutilation was not persecution was not supported by law. (Gatimi v. Holder, 8/20/09)
VSC Stakeholder Qs & As with Meeting Minutes (8/20/09)
The 8/20/08 joint Stakeholder questions and answers with meeting minutes address H-1B, 3rd party worksites, I-94, J-1, Premium Processing, H-2B, L-1A/L-1B, specialized knowledge, Q-1, F-1, I-765, OPT, U, T, I-601, customer service, G-28, TPS, Consular returns, 212(e) waivers, NVC, I-539, and more.
USCIS Extends Information Collection on Form I-243
USCIS extension of an information collection for Form I-243, Application for Removal. Comments are due 9/21/09. (74 FR 42083, 8/20/09)
CA1 Upholds Denial of Motion to Reopen in Kenyan Withholding Case
The court denied the petition for review, finding that Petitioner failed to raise any new evidence or changed circumstances regarding her claims for withholding of removal from Kenya and CAT. (Warui v. Holder 8/19/09)
CA6 Holds that Section 1256(a) only Applies to Rescission Proceedings
CA6 held that because petitioners were in removal proceedings due to fraud in their asylum applications and had no valid documents at the time of adjustment, the 5- year limitation on rescission proceedings does not bar the government from removing Petitioner. (Stolaj v. Holder, 8/19/09).
CA1 Finds No Nexus in Guatemalan Asylum Claim
The court affirmed the BIA’s denial of withholding, finding that Petitioner’s testimony was speculative and did not furnish an adequate nexus between the events and a protected ground. (Lopez-Castro v. Holder, 8/18/09)
CA1 Affirms Denial of Indonesian Christian Withholding Claim
The court found that the immigration judge adequately addressed reports of country conditions in Indonesia and the testimony of each witness, and did not err in denying withholding of removal. (Pakasi v. Holder, 8/18/09)
ICE Briefing on Enforcement & Detention Issues
In a telephonic briefing moderated by the White House, ICE Assistant Secretary Morton discussed current policies & perspectives on detention, worksite enforcement, 287(g), and residential raids.
ICE Detainee Passes Away at Florida Hospital
On August 14, 2009, Huluf Guangule Negusse, a 24-year-old Ethiopian national being held with a final order of removal pending the receipt of his travel documents, passed away at Tallahassee Memorial Hospital in Florida.