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
ICE Strategy of Prosecution for Federal Crimes and Swift Deportation
A policy brief from the DHS-NGO Enforcement Working Group reviews ICE's recent enforcement actions in Postville, Iowa and Laurel Mississippi, and pinpoints the human rights violations inherent in ICE's latest strategies.
CA2 Says Removal Proceedings Preclude Court’s Ability to Grant Naturalization
The court found that the district court properly dismissed the petitioner’s INA §336(b) claim for failure to state a claim on which naturalization relief could be granted while removal proceedings were pending. (Ajlani v. Chertoff, 10/7/08)
CA9 Upholds Adverse Credibility Finding for Gay Guatemalan with One Dissent
CA9 declined to apply the law of the case for this claim that had been remanded once to the BIA, finding that it would constitute a manifest injustice, then held that the adverse credibility determinations were well supported by substantial evidence. (Martinez v. Mukasey, 10/6/08)
AILF Files Amicus Brief with Attorney General on Ineffective Counsel
AILF amicus brief reiterating immigrants' right to protection against ineffective assistance of counsel after the AG signaled that he may eliminate immigrants' long-standing ability to protect their rights and salvage their removal case when former counsel was ineffective.
BIA Addresses Asylum and Resistance to Forced IUDs in China
The BIA held that the insertion of an IUD as part of China's family planning policy does not rise to the level of harm necessary to constitute “persecution” absent aggravating circumstances. Matter of M-F-W- & L-G, 24 I&N Dec. 633 (BIA 2008)
BIA Denies MTR Sua Sponte Holding Departure Bar Remains in Effect
The BIA held that the departure bar rule remains in effect, thus it lacks jurisdiction to consider the removed alien’s motion to reopen sua sponte. Matter of Armendarez-Mendez, 24 I&N Dec. 646 (BIA 2008)
President Signs the Child Soldiers Accountability Act of 2008
On 10/3/08, President Bush signed into law the Child Soldiers Accountability Act of 2008 (PL 110-340). The law amends the Immigration and Nationality Act to render any alien who has recruited or used child soldiers inadmissible or deportable.
AILA Applauds the Introduction of the Immigration Oversight and Fairness Act
AILA applauds the introduction of the Immigration Oversight and Fairness Act (H.R. 7255) by Representative Lucille Roybal-Allard (D-CA), which calls for an end to unlawful detention and detainee abuse.
EOIR Issues Memo on Administrative Closure of Cases Pursuant to the ABC Settlement Agreement
Obtained via FOIA by Hoppock Law Firm, EOIR released a memo on administrative closure of cases pursuant to the ABC settlement agreement. Special thanks to Matthew Hoppock.
Immigration Law Advisor, September 2008 (Vol. 2, No. 9)
Immigration Law Advisor with an article on identity and persecution in sexual orientation asylum claims, federal court activity for August 2008, an article on rebutting the “presumptive inference” from past to future persecution, AG/BIA precedent decisions, and a regulatory update.
CA1 Finds Lebanese Christian Failed to Show Likelihood of Persecution
The court upheld the BIA’s determination that the incidents of harassment Petitioner experienced in Lebanon did not rise to the level of persecution, and that Petitioner failed to show he would be in danger upon return. (El-Labaki v. Mukasey, 10/1/08)
CA1 Remands Economic Persecution Claim of Gay Indonesian Doctor
The court remanded the case for clarification of the standard the BIA used in rejecting Petitioner’s economic persecution claim. The IJ found that Petitioner had suffered past persecution because he was unable to earn a living. (Kadri v. Mukasey, 9/30/08)
Indictment for Illegal Re-entry Dismissed as Defendant was Deprived of Opportunity for Judicial Review
District Court grants motion to dismiss indictment, finding that defendant was eligible for § 212(c) relief because he relied upon pre-AEDPA/IIRIRA law as it existed at the time of pleading. (U.S. v. Medina-Avila, 9/29/08)
AILA Comment on EOIR’S Proposed Rules for Professional Responsibility
AILA comment on the proposed rule, “Professional Conduct for Practitioners – Rules and Procedures, and Representation and Appearances,” stressing the need for greater clarity of standards for misconduct and the need to reexamine the disciplinary procedures.
AAO Finds that a Single Act of Soliciting Prostitution on One's Own Behalf Is Not a Crime Involving Moral Turpitude
AAO finds that the 212(h) waiver applicant was convicted of only one crime involving moral turpitude, which qualifies under the petty offense exception. Also found that a single act of soliciting prostitution on own behalf does not fall within INA §212(a)(2)(D)(ii). Courtesy of Victoria Gentile.
AILA Commends Senators Menendez and Kennedy for Introducing Raids and Detention Bill
AILA welcomes the introduction of the Protect Citizens and Residents from Unlawful Raids and Detention Act (S.3594) by Senators Menendez (D-NJ) and Kennedy (D-MA), which would establish minimum standards of treatment for individuals impacted by immigration enforcement operations.
Overview of the Protect Citizens and Residents from Unlawful Raids and Detention Act (S. 3594)
AILA overview of the Protect Citizens and Residents from Unlawful Raids and Detention Act (S. 3594), introduced by Senator Menendez (D-NJ)on 9/26/08.
Analysis of the Protect Citizens and Residents from Unlawful Raids and Detention Act
Section-by-section analysis of the Protect Citizens and Residents from Unlawful Raids and Detention Act (S. 3594), introduced by Senator Menendez (D-NJ) on 9/26/08.
CA1 Upholds Asylum Denial Based on Lack of Nexus under REAL ID
The court found insufficient evidence to conclude that Petitioner’s family was targeted for political reasons, and that REAL ID added two elements to the burden of proof: 1) the one central reason standard, and 2) corroborating evidence. (Singh v. Mukasey, 9/25/08)
CA2 Finds BIA Erred in Aggravated Felony Analysis
The court vacated the finding that in determining whether an offense was committed for commercial advantage, the inquiry need not be restricted to the “elements” needed for conviction. (Gertsenshteyn v. DOJ, 9/25/08)
DOJ Announces Opening of Kansas City Immigration Court
DOJ announced the opening of the Kansas City immigration court on 9/29/08.
Text of Protect Citizens and Residents from Unlawful Raids and Detention Act
On 9/25/08, Senators Menendez (D-NJ) and Kennedy (D-MA) introduced the “Protect Citizens and Residents from Unlawful Raids and Detention Act” (S.3594). The bill would restore basic due process protections for U.S. citizens, lawful permanent residents and workers during immigration raids.
Attorney General Certifies Matter of R-A- and Lifts Stay
The Attorney General lifted the stay in Matter of R-A- and remanded the case to the Board to revisit the issues presented with respect to asylum claims based on domestic violence in light of current law. Matter of R-A-, 24 I&N Dec. 629 (AG 2008)
GAO Study on Quality Assurance in U.S. Asylum System
GAO released a report that addresses the extent to which quality assurance mechanisms have been designed to ensure adjudication integrity, as well as the key factors that affect asylum officer and immigration judge adjudications.
GAO Reports on Factors Affecting Variability in Asylum Outcomes
A GAO report found significant variation in asylum outcomes across immigration courts and judges, with nine factors affected variability in asylum outcomes.