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 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.
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)
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.
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.
ICE Identifies Additional Detention Deaths
During an in-depth review of records related to individuals who have died in ICE custody since October 2003, ICE has identified 10 individuals who were not previously included on the agency's list of detainee deaths. These 10 deaths occurred between FY 2004 and FY 2007.
TRUST Coalition Meeting Notes (8/14/09)
The Texas Residents United for a Stronger Texas (TRUST Coalition) meeting on 8/14/09 included topics such as the AG Opinion on in-state tuition for undocumented students, an update on family detention, and an update on comprehensive immigration reform.
Privacy Impact Assessment for ICE’s Fugitive Case Management System (FCMS)
This Privacy Impact Assessment studies the Fugitive Case Management System, an ICE database that processes, tracks, and stores information about aliens who fail to leave after receiving a final order of removal, deportation or exclusion, or who failed to report to ICE after receiving a notice.
ICE Announces Immigration Detention Reforms
On 8/6/09 ICE announced plans to reform immigration detention to move away from a jail-oriented approach. The fact sheet and press release state that ICE will create an Office of Detention Policy and Planning, and design immigration detention-specific facilities.
CA1 Says Counsel Was Not Ineffective
The court upheld the denial of Petitioner’s motion to reopen based on ineffective assistance of counsel, finding that prior counsel was not ineffective and that Petitioner did not comply with Lozada. (Punzalan v. Holder 8/5/09)
CA2 Affirms Withholding Denial for Lack of Corroboration
Finding that Petitioner failed to provide evidence corroborating his testimony, the court held that Petitioner failed to meet his burden for withholding of removal. (Liu v. Holder, 8/5/09)
CA9 Applies Categorical Approach and Finds California Drug Offense Renders Individual Removable
Applying the modified categorical approach, the court held that a conviction under California Statute Section 11352(a) is a violation of a controlled substance law, rendering the individual removable. (Mielewczyk v. Holder, 8/5/09)
CA9 Remands to BIA for Consideration of REAL ID Act Corroboration Standard
Court held that corroboration standard in REAL ID Act applies to CAT application filed after effective date of Real ID ACT. The court remanded to BIA for consideration of REAL ID ACT corroboration standard. (Owino v. Holder, 8/4/09)
Attorney General Appoints John H. Guendelsberger as New BIA Member
Attorney General Eric H. Holder, Jr., announced on August 3, 2009, the appointment John H. Guendelsberger as a new member of the Board of Immigration Appeals (BIA).
A Tale of Two Villages
Take 15 minutes today and watch this very moving Frontline documentary about the devastating effect of the Postville, Iowa ICE raid on the town and on the two villages in Guatemala where the immigrants came from. http://bit.ly/GWBVu The Postville operation was the largest ICE raid in U.S. history an
Immigration Law Advisor, July 2009 (Vol. 3, No. 7)
Immigration Law Advisor, a legal publication from EOIR, with an article on moral turpitude after Silva-Trevino, federal court activity for June 2009, recent BIA precedent decisions, and a regulatory update.