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
CA9 Remands Sierra Leonean Case for Consideration of Humanitarian Asylum
CA9 upheld the finding that country conditions that affected Petitioner in Sierra Leone had improved. The court, however, rejected the BIA’s discretionary denial of humanitarian asylum, finding that the failed to consider the harm to Petitioner’s family. (Sowe v. Mukasey, 8/19/08)
ICE Scheduled Departure Fact Sheet and Brochure
On 7/30/08, ICE released a Fact Sheet on Scheduled Departure, an ICE program encouraging those with final orders of deportation turn themselves in for removal. A brochure follows the Fact Sheet.
CA9 Finds BIA Cannot Cure Legal Error in Later Motion to Reopen
The court held that the BIA erred as a matter of law when it construed that Petitioner’s properly raised CAT claim was abandoned, and that the BIA could not cure this legal error in its subsequent consideration of Petitioner’s motion to reopen. (Doissaint v. Mukasey, 8/18/08)
CA9 Denies MTR of Iranian Who Claimed Conversion to Christianity
CA9 upheld denial of a motion to reopen for adjustment of status, finding that it was rightly rejected as barred by the 90-day deadline, as well as the rejection of the claim of changed circumstances in Iran, finding that the new evidence was not material. (Toufighi v. Mukasey, 8/18/08)
AILF and AILA Comment on EOIR’S Proposed Rule on “Streamlining”
Comments on proposed rule, “Board of Immigration Appeals: Affirmance Without Opinion, Referral for Panel Review, and Publication of Decisions as Precedents,” including the need for federal court oversight over AWO procedures and objections to two permanent BIA members issuing precedent decisions.
CA2 Rejects Changed Personal Circumstances for MTR
The court found that the BIA did not abuse its discretion in denying Petitioners’ motions to reopen, finding the birth of additional children to be a change in personal circumstances, not country conditions under 8 CFR §1003.2(c)(3)(ii). (Jin v. Mukasey, 8/15/08)
Enough! AILA Decries Detainee's Death While in ICE Custody
AILA decries the reported circumstances surrounding the death of Mr. Hiu Lui Ng while in ICE custody, the result of policies and a culture that have led to the abandonment of responsible law enforcement in favor of a pretext of enforcement of a broken system.
CA8 Denies Asylum to Nigerian Christian Soccer Player, Upholds MTR Denial
The court held that there was substantial evidence to support the finding that Petitioner did not suffer past persecution because he did not know who shot him and did not report the shooting.(Alanwoko v. Mukasey, 8/14/08)
CA8 Finds Delay in Asylum Filing Does Not Impact Severity of Persecution
The court held that the evidence of arrests, threats and beatings compelled a finding of past persecution. The court disagreed with the IJ’s reasoning that the abuse suffered was rendered less significant because Petitioner did not seek asylum earlier.(Cooke v. Mukasey, 8/14/08)
CA7 Upholds Adverse Credibility Finding, Denies Sierra Leonean Asylum Case
The court rejected Petitioner’s arguments that 1) the IJ erred in refusing to admit country reports, 2) the BIA erred by taking administrative notice of a 1993 country report, and 3) the IJ exhibited bias. (Sankoh v. Mukasey, 8/13/08)
CA4 Remands Asylum Case Due to Confidentiality Breach and Due Process Denial
CA4 found that petitioner's right to confidentiality under 8 CFR §208.6 was violated and that she should be given the chance to present new claims based on this breach. The court held that the IJ’s consideration of a DOS letter violated her due process rights. (Anim v. Mukasey, 8/11/08)
80 Arrested During ICE-led Operation in Massachusetts
ICE reports that in an effort to target gang members, 80 people were arrested in Massachusetts by an ICE-led operation. Among those arrested were 55 Legal Permanent Residents. According to ICE, all arrested had criminal records.
BIA Finds IJ Erred in Denying Continuance Based on Priority Date Retrogression
The BIA sustains appeal and grants motion to remand after IJ denied request for continuance due to visa retrogression, remanding for additional fact finding as to whether the respondent was grandfathered under section 245(i) Courtesy of Christopher Helt.
CBP Releases Memo and Muster on Temporary I-551 ADIT Stamp for Paroled LPRs
CBP released a memo and muster on temporary I-551 ADIT stamp for LPRs paroled for completion of inspection or released for removal hearing. The documents are entirely redacted.
Attorney General to Review Right to Effective Counsel
The Attorney General directed the BIA to refer to him for review three cases involving Lozada standards with respect to ineffective assistance to counsel and requested amici briefs on several related issues.
CA8 Holds No Constitutional Right to Effective Assistance of Counsel
The court held that there was no constitutional right under the Fifth Amendment to effective assistance of counsel in removal proceedings and that the BIA did not abuse its discretion when it refused to reopen Petitioner’s asylum case.(Rafiyev v. Mukasey, 8/5/08)
CA8 Upholds Denial of Withholding Based on Fear of FGM to US Citizen Child
The court held that a parent may not bring a derivative claim for withholding based upon the fact that her child would be subjected to future persecution. (Gumaneh v. Mukasey, 8/1/08)
CA1 Affirms EAJA Award Finding No Substantial Justification in Natz Delay
The court held that the delay in adjudicating Plaintiff’s naturalization and failure to expedite the application in an attempt to comply with the 120-day statutory directive was not substantially justified. (Aronov v. Chertoff, 8/1/08)
Immigration Law Advisor, July 2008 (Vol. 2, No. 7)
Immigration Law Advisor, an EOIR legal publication, with an article on bond proceedings before IJs and the BIA, federal court activity for June 2008, an article on the REAL ID Act in the circuit courts, BIA precedent decisions, and a regulatory update.
ICE Announces Program to Ask People to Turn Themselves In
ICE announces a pilot program it dubs "Scheduled Departure" to ask those with final orders of deportation to turn themselves in for removal.
ICE in the Realm of the Bizarre
Yesterday’s announcement by ICE of a program to encourage the undocumented to report for deportation is the latest bit of strangeness in the increasing loss of rationality in the way the U.S. deals with immigration.
Railroad Justice Run Amok
As more information about the Postville, Iowa raid on the Agriprocessors facility comes to light, it is apparent that this was a travesty of justice that could not have occurred without the full complicity of the federal district court for the northern district of Iowa.
EOIR Offers Guidance for Judges on Attorney Telephonic Appearances
An Operating Policies and Procedures Memorandum (OPPM) providing guidance for judges regarding requests for telephonic appearances by attorneys and representatives at master calendar and bond redetermination hearing has been released.
BIA Finds Applicant Not “Lawfully Resided” for Purposes of 212(h) Waiver
The BIA held that respondent had not “lawfully resided” in the U.S. for purposes of qualifying for a 212(h) waiver during any periods where he was an applicant for asylum or adjustment and lacked any other basis on which to claim lawful residence. Matter of Rotimi, 24 I&N Dec. 567 (BIA 2008)
BIA Dismisses Appeal Further Limiting Definition of Particular Social Group
The BIA agreed with the Immigration Judge who found that Salvadoran youth who refused recruitment into the MS-13 criminal gang or their family members does not constitute a particular social group. Matter of S-E-G-, et al., 24 I&N Dec. 579 (BIA 2008)