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
CA2 Remands Asylum Based on Persecution by Local Authorities
The court held that the IJ erred as to the timeliness of the petitioner’s application for asylum and in finding that the petitioner had not testified credibly in support of his claims, and remanded the case for further review (Zheng v. Mukasey, 1/13/09)
TRAC Report on Immigration Prosecutions
A Transactional Records Access Clearinghouse (TRAC) report reveals that an unusually large surge in immigration prosecutions in the last months of FY2008 resulted in the annual count of such filings more than quadrupling during the Bush Administration.
DHS OIG Report on Removal of Parents of U.S. Citizen Children
On 2/13/09 the DHS Office of Inspector General (OIG) released a report that addresses the number of instances over the past 10 years in which a foreign national parent of a U.S. citizen child was removed from the country.
ICE Report of Investigation into the Death of Detainee
On 01/12/09, the ICE Office of Professional Responsibility issued a report of investigation surrounding the death of DRO detainee Hui Lui Ng during his detention at the Donald Wyatt Detention Facility in Central Fall, Rhode Island.
CA1 Finds No Well-Founded Fear in Haitian Asylum Claim
The court found that past threats and violence did not rise to the level of persecution, and considered several return trips to Haiti, the continued safety of family, and changed political conditions in finding no well-founded fear. (Ravix v. Mukasey, 1/12/09)
AILF Responds to Attorney General's Decision in Matter of Compean
AILF condems the Attorney General's decision in Matter of Compean-Bangaly & J-E-C, which declared that, immigrants, asylum seekers, and all others in removal proceedings do not have the right to representation by a lawyer before they can be ordered deported.
USCIS Releases Supplemental Q & As on Religious Worker Final Rule
On 1/5/09 USCIS released supplemental Q & As on the special immigrant and nonimmigrant religious worker visa categories final rule published 11/26/08 (73 FR 72298).
EOIR Correction to Final Rule on Professional Conduct for Practitioners
EOIR published a correction to a final rule (73 FR 76914, 12/18/08) on professional conduct for practitioners who appear before EOIR. (74 FR 201, 1/5/09)
Immigration Law Advisor, December 2008 (Vol. 2, No. 12)
Immigration Law Advisor with an article on new developments on TRIG exemptions, federal court activity for November 2008, article on the top 20 federal immigration decisions of 2008, and legislative and regulatory updates.
Motion to Dismiss Indictment and Suppress Evidence of Prior Removal
Sample motion to dismiss the indictment for reentry following removal under INA §276 on grounds that the order was fundamentally unfair, Defendant was denied meaningful judicial review, and Defendant exhausted his administrative remedies. (January 2009)
Reforming Our Immigration Detention System and Promoting Access to Counsel
This report from the Constitution Project examines expedited removal, mandatory pre-removal detention, and post-removal detention and suggests much-needed agency-level and congressional reforms.
BIA Reopens Proceedings for Ethiopian Asylum Seeker
In an unpublished decision, the BIA held that material evidence of changed country conditions demonstrated prima facie eligibility for relief for Ethiopian asylum applicant. Courtesy of Geoffrey A. Hoffman.
Congress Passes Trafficking Victims Protection and Reauthorization Act (H.R. 7311)
On 12/11/08, the U.S. House of Representatives and Senate passed the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) which includes provisions to protect trafficking survivors, and new standards for how immigrant children will be treated in custody.
ICE Publishes Information Collection on Obligor Change of Address Form
ICE published an information collection on form I-333, Obligor Change of Address. Comments are due 1/22/09. (73 FR 78820, 12/23/08)
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.
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."
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.
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.