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
AILF Responds to New Voluntary Departure Rule
AILF analyzed EOIR's voluntary departure rule. The new regulations, which go into effect on 1/20/09, address various aspects of voluntary departure, including what happens to voluntary departure when motions to reopen and reconsider and petitions for review are filed.
BIA to Begin Providing Copy of Final Decision to Represented Aliens
On 12/19/08 EOIR announced that the BIA will soon begin providing a copy of final decisions to foreign nationals in removal proceedings, regardless of whether they are represented by counsel.
CA2 Unsure BIA Considered Equities as “Extraordinary Circumstances”
The court rejected Petitioner’s claim that 8 CFR §1212.7(d) is inconsistent with INA §212(h), but vacated and remanded because it was unable to conclude with confidence that the Board applied §1212.7(d) correctly. (Samuels v. Chertoff, 12/19/08)
AILA/ICE Liaison Minutes (5/30/2008)
The liaison minutes record discussions with ICE regarding such topics as: Detainee healthcare, Removal of Eligible Parolees Accepted for Transfer, Bonds and Transfers, Performance Based Detention standards, Custody review, E-verify, prosecutorial discretion and other issues.
DOJ Publishes Final Rule on Professional Conduct for Practitioners
EOIR published a final rule adopting, in part, the proposed changes to the rules and procedures concerning the standards of representation and professional conduct for practitioners who appear before EOIR. (73 FR 76914, 12/18/08)
DOJ Publishes Final Rule on Voluntary Departure
DOJ published a final rule amending its regulations regarding voluntary departure. (73 FR 76927, 12/18/08)
BIA Finds Request for Corroboration Improper, Adverse Credibility Analysis Inadequate
In an unpublished decision, the BIA held that the asylum applicant from Turkmenistan, persecuted on account of religion and ethnicity, adequately explained the failure to provide corroborating evidence. Also finds IJs adverse credibility determination was inadequate. Courtesy of Harry Asatrian.
EOIR Shows Lack of Balance and Diversity of Experience with New BIA Appointees
AILA expresses concern regarding EOIR’s announcement of five new appointees to the Board of Immigration Appeals (BIA), none of whom, save one, have any experience in private immigration practice.
ATD Case Management Policy
In an email sent to field office directors and deputy field office directors, DRO Taskings outlines what officers managing ATD cases must do as part of "good case management."
CA2 on Applicability of §212(a) “Savings Clause” to Repeat Offenders
The court denied the petition for review, finding that an alien who is inadmissible under INA §212(a)(9)(C)(i)(I) is not eligible for adjustment of status under INA §245(i). (Mora v. Mukasey, 12/16/08)
CA7 Holds it Has Jurisdiction to Review Case that Falls within Subhan Exception to Ali
The court vacates and remands. It holds that it has jurisdiction to review the BIA’s denial of a motion to reopen because the case falls within the exception to Ali set forth in Subhan v. Ashcroft. (Potdar v. Mukasey, 12/16/08)
AG Mukasey Swears in New Members of the BIA
On 12/15/08 the DOJ announced that Attorney General Mukasey administered the oath of office to five new members of the Board of Immigration Appeals: Charles K. Adkins-Blanch, Anne J. Greer, Garry D. Malphrus, Hugh G. Mullane, and Linda S. Wendtland.
AILA-TSC Liaison on Biometrics for EOIR I-485s
AILA has learned there has been a problem with the automatic biometrics scheduler at TSC affecting adjustment applicants in proceedings where EOIR I-485 applicants are not receiving ASC appointment notices. The AILA TSC Liaison Committee gives instructions for how to resolve this issue.
CA1 Rejects Due Process Claims in Colombian Asylum Case
The court rejected Petitioner’s claims that the IJ erred in failing to initiate a competency hearing and that the BIA incorrectly affirmed the adverse credibility finding. (Muñoz-Monsalve v. Mukasey, 12/12/08)
CA2 Says 245(i) Grandfathering Requires Proof of Bona Fide Marriage
The court upheld the BIA’s interpretation that a marriage-based petition, for purposes of grandfathering under INA §245(i), must be based on a bona fide marriage to demonstrate that the petition was approvable when filed. (Huarcaya v. Mukasey, 12/12/08)
IJ Thomas Snow to Serve as Acting Chief Immigration Judge
In a 12/10/08 press release, DOJ announced that Immigration Judge Thomas Snow will serve as acting Chief Immigration Judge as of 1/5/09.
AILA Strongly Opposes Forced DNA Collection for Civil Detainees
AILA expresses concern over the DOJ final rule (73 FR 74932, 12/10/08) that holds serious implications for people who are detained on possible immigration violations, by forcing them to submit their DNA to federal officials.
DOJ Final Rule on DNA Collection in Federal Jurisdictions
This DOJ final rule directs federal agencies to collect DNA samples from individuals who are arrested, facing charges, or convicted, and from non-U.S. persons who are detained under the authority of the U.S. subject to certain limitations and exceptions. (73 FR 74932, 12/10/08)
Chief Immigration Judge Appointed Vice Chair of the Board of Immigration Appeals
The AILA/EOIR Liaison Committee says that the Attorney General has appointed Chief Immigration Judge David Neal as BIA Vice Chair, effective 1/5/09. Immigration Judge Thomas Snow will serve as Acting Chief Immigration Judge until the next Attorney General appoints the Chief Immigration Judge.
CA4 Denies Ineffective Assistance of Counsel Claim, Finds Petitioner Failed to Exhaust Administrative Remedies
CA4 finds that counsel's concession of deportability was not unreasonable under the law at the time, and that it lacked jurisdiction over the aggravated felony question as the issue was not raised before the IJ and BIA. (Massis v. Mukasey, 12/9/08).
ICE Posts Notice of Transfer of Detainees in Rhode Island Detention Facility
ICE announced the transfer of detainees in the Wyatt Detention Facility in Rhode Island to other facilities in the area.
CA5 Finds Grant of 212(c) Waiver Does Not Expunge the Conviction Itself
The court denied the petition to review, finding that a conviction that was the focus of a previous §212(c) waiver can still be a ground of inadmissibility that precludes §212(h) relief in further removal proceedings.(De Hoyos v. Mukasey, 12/8/08)
EOIR Swears in Immigration Judge in Omaha
On 11/5/08 EOIR announced that Jack L. Anderson was sworn in to serve at the Omaha Immigration Court.
AILA Amicus Brief Urging Withdrawal of the AG's Decision in Matter of Silva-Trevino
AILA amicus brief arguing that the AG's decision in Matter of Silva-Trevino should be withdrawn, as it replaces the categorical and modified categorical approach to determining whether a person has been convicted of a CIMT with an unworkable and fundamentally unfair method of analysis.
CA11 Determines Whether Procedural Errors Are Prejudicial, Sets Standards to Prove Torture
CA11 held it can review due process violations, but petitioner failed to establish that the outcome of his removal hearing would have been different. Applicants have to prove torture by the government to be eligible for withholding of removal under CAT. (Gardner v. Attorney General, 12/4/08)