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
BIA Finds Asylum Filing Window Begins Upon Arrival from Most Recent Trip Abroad
The BIA held that for calculating the time between the arrival in the U.S. and the date when an asylum application was filed, the term “last arrival” should be interpreted literally to mean the alien’s most recent arrival from a trip abroad. Matter of F-P-R-, 24 I&N Dec. 681 (BIA 2008)
CA10 Holds “Frivolous” Notice on Asylum Form Alone Complies with Statute
The court concluded as a matter of law that the written notice of the penalty for filing a frivolous asylum application contained on form complied with INA §208(d)(4)(A) and provided Petitioner with the notice he was entitled to. (Ribas v. Mukasey, 11/4/08)
EOIR Responds to AILA Letter Regarding Immigration Court Practice Manual
The Office of Chief Immigration Judge at the Executive Office for Immigration Review replied to a September 10, 2008, letter that the AILA/EOIR Liaison Committee sent to EOIR outlining concerns with the Immigration Court Practice Manual.
CA8 Finds Lari Ethnic Group to Be a Particular Social Group for Asylum
The court granted withholding, concluding that the Lari ethnic group of the Kongo tribe is a particular social group because members share a common dialect. (Malonga v. Mukasey, 11/3/08)
ICE Issues Revised Information Collection on Immigration Bond Form
ICE issued a revised information collection and request for comment on Form I-352. Comments are due 1/2/08. (73 FR 65390, 11/3/08)
Immigration Law Advisor, October 2008 (Vol. 2, No. 10)
mmigration Law Advisor with an article on criminal convictions in the immigration context, federal court activity for September 2008, an article on immigration in the October 2008 Supreme Court term, AG/BIA precedent decisions, and a regulatory update.
CA7 Upholds Frivolousness Finding in Pakistani Asylum Case
CA7 held that a finding of frivolousness is not an exercise of discretion and thus it has jurisdiction to review the agency’s finding. it upheld the frivolousness finding, noting that Petitioner knew his allegations of murder of his wife and son were false. (Siddique v. Mukasey, 10/31/08)
BIA Considers Due Diligence to Conclude Respondent Overcame Presumption of Delivery of NTA
The BIA held that respondent overcame the weaker presumption of delivery of NTA sent by regular mail under standards set forth in Matter of M-R-A-, noting that his due diligence in promptly seeking to redress the situation is significant. Matter of C-R-C-, 24 I&N Dec. 677 (BIA 2008)
BIA Addresses Overcoming Presumption of Delivery of Notices Sent by Regular Mail
The BIA held that the respondent provided sufficient evidence to overcome the presumption of delivery of a Notice of Hearing under the weaker standard applied when notices are delivered by regular mail. Matter of M-R-A-, 24 I&N Dec. 665 (BIA 2008)
CA4 Concludes ARequest for Stay of Removal is in Essence A Request for Injunctive Relief
Petition for rehearing en banc is denied. The court interprets 8 U.S.C. § 1252(f)(2), which provides the standard for granting injunctions against the operation of immigration laws, to encompass stays of removal. (Teshome-Gebreegziabher v. Mukasey, 10/30/08)
EOIR to Continue In-Person Hearings in Reno (Updated 10/31/08)
Contrary to the 10/28/08 announcement, on 10/30/08 EOIR announced that for the moment EOIR will continue the current practice of detailing immigration judges and staff to Reno to hear cases in person.
EOIR Fact Sheet on Representation of Aliens in Immigration Proceedings (Updated 10/28/08)
Executive Office for Immigration Review Fact Sheet discusses who may provide legal services at immigration proceedings.
CA7 Relies on Airport/Credible Fear Interview to Uphold Adverse Credibility
The court found the credible fear interviews reliable because a translator was present. Although Petitioner claimed she did not mention the forced abortion due to shame, the court held that the explanation did not overcome the level of deference due. (Xiao v. Mukasey, 10/27/08)
CA7 Upholds Denial of Adjustment Due, in Part, to Asylum Fraud
CA7 held that it lacks jurisdiction to review a denial of a continuance, unless denial would result in nullifying the statutory opportunity to adjust status. The court upheld the denial of the continuance based on past conduct (lying to the asylum officer). (Malik v. Mukasey, 10/23/08)
CA9 Finds Petitioner Who Purchased Green Card Does Not Qualify for Equitable Estoppel
The court denies petition for review, finding the petitioner fails to qualify for estoppel as she paid a govt employee $10K for a fraudulent green card, and was not ignorant of the scheme. (Shin v. Mukasey, 10/23/08)
BIA Finds Applicant’s Qualifying Relative Must be Living
The BIA held that the purpose of a fraud waiver is to unite aliens with their living USC or LPR family members and concludes that because the waiver applicant’s mother is deceased, he lacks the qualifying relative. Matter of Federiso, 24 I&N Dec. 661, (BIA 2008)
DHS Fact Sheet on Exemption Authority for Certain Terrorist-related Inadmissibility Grounds
DHS released a fact sheet on the implementation of exemption authority for certain terrorist-related inadmissibility grounds for cases with administratively final orders of removal.
AILA Liaison/EOIR Q&As (10/21/08)
On 10/21/08, EOIR provided answers to AILA’s EOIR Liaison Committee. The Q&As address limited appearances, EOIR-27s on a remanded case, NTAs missing a court date or assigned IJ, legal effect of ICE stipulations, IJ impartiality, Practice Manual issues, continuances in U, T, and VAWA cases and more.
CA9 Finds BIA Erred in Holding that Statutory Rape Conviction Constituted Aggravated Felony
The court grants petition for review, finding that the petitioner’s conviction under California penal code statutory rape provisions does not constitute the aggravated felony “sexual abuse of a minor” within the meaning of 8 U.S.C. § 1101(a)(43). (Estrada-Espinoza v. Mukasey, 10/20/08)
Supreme Court to Hear Identity Theft Case
The Supreme Court granted certiorari to determine what federal prosecutors must show to prove aggravated identity theft under 18 U.S.C. § 1028A(a)(1). The case is Flores-Figueroa v. U.S., 08-108.
Section-by-Section Analysis of the “Immigration Oversight and Fairness Act” (H.R. 7255)
Section-by-section analysis of the “Immigration Oversight and Fairness Act” (H.R. 7255), introduced by Representative Roybal-Allard (D-CA) on 10/03/08.
CA1 Upholds IJ's Negative Credibility Finding in Albanian Asylum Claim
The court found that the cumulative effect of inconsistencies regarding the beating Petitioner suffered and his lack of knowledge of Albanian politics were sufficient to support the IJ’s negative credibility finding. (Bebri v. Mukasey, 10/17/08)
CA2 Finds BIA Failed to Make Individualized Analysis of Changed Conditions
The court held that the BIA failed to address the evidence of continued persecution of Serbian minorities in Montenegro and failed to conduct an individualized analysis of changed conditions. (Alibasic v. Mukasey, 10/17/08)
CA6 Finds that an Aggravated Felony Crime of Violence is not Equivalent to §212(a) CIMT
Court concludes the Cambodian petitioner is not eligible for INA§ 212(c) relief, as an aggravated felony crime of violence ground for removal is not substantially equivalent to a CIMT ground for exclusion such that the two could be statutory counterparts. (Thap v. Mukasey, 10/15/08)
EOIR Announces 12 New Legal Orientation Program Sites
On 10/15/08 EOIR announced that 12 new Legal Orientation Program sites will be operational by December 2008.