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.
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Updates from EOIR
Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
ICE Issues Information Collection on Obligor Change of Address Form
ICE information collection on Form I-133, Obligor Change of Address. Comments are due 11/24/08. (73 FR 55123, 9/24/08)
CA2 Remands for Standards on Continuances for Labor Certification Adjudication
The court found that it could not adequately consider whether the BIA abused its discretion in denying a motion for continuance without standards explicating when continuances for labor certification adjudication are permissible. (Rajah v. Mukasey, 9/24/08)
BIA Concludes False Claim of Citizenship on I-9 Does Not Bar Good Moral Character Finding
The BIA reversed IJ’s decision, holding that the “catch-all” provision of INA § 101(f) bars a finding of good moral character under INA §240A(b)(1)(B) for an alien that made a false claim of U.S. citizenship on Form I-9. Matter of Guadarrama, 24 I&N Dec. 625 (BIA 2008)
Testimony Before the House Immigration Subcommittee on EOIR
On 9/23/08, the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law of the House Judiciary Committee held a hearing on the Executive Office for Immigration Review (EOIR).
Attorney General Vacates Denial of Withholding Claim Based on FGM
The Attorney General vacated BIA decision denying a Malian woman’s claim for withholding and remands for reconsideration of questions relating to her eligibility for withholding based on the claim that she was subjected to female genital mutilation. Matter of A-T-, 24 I & N Dec. 617 (AG 2008)
USCIS Fact Sheet on New Policy of ABC Registration Determinations After Chaly-Garcia v. U.S.
USCIS released a fact sheet and Q&As on ABC registration determinations after Chaly-Garcia v. U.S
CA7 Upholds Adverse Credibility Finding Despite IJ Errors; 1 Judge Dissents
The court held that notwithstanding the IJ’s mistakes, the balance of the evidence relied on by the IJ supported the adverse credibility finding. (Musollari v. Mukasey, 9/19/08)
CA11 Remands for Reconsideration of Continuance Based on Pending I-140/I-485
CA11 remanded for reconsideration of a request for continuance until pending I-I40/I-485 are adjudicated. It found that the IJ denied the continuance based on 11th circuit case law at the time, prior to the decisions in Zafar II, Merchant and Haswanee. (Matter of Jivan, 9/19/08)
Sen. Menendez and Rep. Honda Introduce the Reuniting Families Act (S. 3514)
On 9/18/08, Senator Menendez (D-NJ) introduced the Reuniting Families Act (S. 3514), a bill aimed at promoting family unity in the immigration system. A companion bill (H.R. 6938) was introduced in the House by Rep. Honda (D-CA).
CA8 Finds Cameroonian Widows Constitute a Particular Social Group
The court held that the BIA erred in rejecting the social group of Cameroonian widows, finding that they share an immutable characteristic and are viewed by society as members of a social group. (Ngengwe v. Mukasey, 9/18/08)
CA1 Upholds Cambodian Asylum Denial for Lack of Nexus
The court held that substantial evidence indicated that Petitioner was not targeted on account of one of the protected statutory grounds, where he admitted that he had been mistreated for enforcing a ban on illegal fishing. (Nou v. Mukasey, 9/18/08)
CA5 Finds it Lacks Jurisdiction to Review Denial of Motion Seeking Equitable Tolling
The court held that it lacks jurisdiction to review the denial of a time- and number-barred motion to reopen based on ineffective assistance of counsel, because the BIA has complete discretion to deny untimely MTRs. (Ramos-Bonilla v. Mukasey, 9/18/08)
CA9 Reverses Armenian Asylum Denial and Finds IJ Erred on Fingerprints
CA9 held that an Armenian who was threatened, beaten, and detained because of mixed ethnicity and political opinion, was statutorily eligible for asylum, and found that the IJ abused discretion in denying a continuance to comply with fingerprint requirements. (Karapetyan v. Mukasey, 9/16/08)
EOIR Revised Information Collection on Form EOIR-42A and EOIR-42B
EOIR issued a revised information collection for Forms EOIR-42A, Application for Cancellation of Removal, and EOIR-42B, Adjustment of Status for Certain Nonpermanent residents. Comments are due 11/14/08. (73 FR 53282, 9/15/08)
EOIR Revised Information Collection on Form EOIR-26
EOIR issued a revised information collection on Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge. Comments are due 11/14/08. (73 FR 53281, 9/15/08)
CA9 Finds Pattern of Persecution of Homosexual Men in Jamaica
The court found a pattern or practice of persecution of gay men in Jamaica and remanded Petitioner’s withholding claim. The court also remanded his CAT claim in light of the government’s acquiescence and involvement in the torture of gay men. (Bromfield v. Mukasey, 9/15/08)
CA7 Finds Aggravated Felony, although State Court Did Not Charge Petitioners as Repeat Offenders
The court held that petitioners’ first and second statecourt convictions for simple drug possession amount to an “aggravated felony”, thus affirming the finding that they were statutorily ineligible for cancellation of removal. Judge Rovner dissents. (Fernandez v. Mukasey, 9/15/08)
ICE Performance Based National Detention Standards
ICE Performance Based National Detention Standards (PBNDS), released on 9/12/08, consisting of 41 standards governing the conditions of confinement for ICE detainees. Detention facilities must meet 90% of the non-mandatory provisions and 100% of the mandatory provisions.
EOIR Creates Web Page to Submit Complaints About Immigration Judges
EOIR created a web page that allows individuals to submit complaints about Immigration Judge conduct.
Statement by DHS Assistant Press Secretary Keegan On Immigration Enforcement During Hurricane Ike
Statement by Department of Homeland Security Assistant Press Secretary Keegan announcing that there will be no DHS immigration enforcement operations associated with evacuations and sheltering during hurricane Ike.
AILF Legal Action Center Advisory on 28(j) Letters
AILF's Legal Action Center issued an advisory on "28(j)" letters reportedly received by some AILA members following the Attorney General's request that the BIA refer to him for review three cases involving Lozada standards with respect to ineffective assistance to counsel.
AILA Commends House Judiciary Committee For “Mark-Up” Of Four Immigration-Related Bills
AILA commends Rep. John Conyers Jr. (D-MI), Chair of the House Judiciary Committee, and Rep. Zoe Lofgren (D-CA), Chair of the House Immigration Subcommittee, for pressing forward in a toxic political environment to “mark up” four important immigration-related bills.
BIA Addresses Meaning of “to Reside Permanently” Under Former Section 321(a) of the INA
The BIA held that respondent did not satisfy former section 321(a) of the Act to obtain derivative citizenship because he did not acquire LPR status before he reached 18 years of age. Matter of Nwozuzu, 24 I&N Dec. 609 (BIA 2008)
AILA’s Comment to EOIR’s Practice Manual
AILA’s comment to EOIR’s Practice Manual, which went into effect on 7/1/08, stating that while AILA appreciates all the work that went into creating the Manual and EOIR's responsiveness, there are still concerns and suggestions for future updates and additions to the Manual.
IJ Grants Asylum to Children of a Particular Family Who Where Physically Abandoned
IJ finds that Honduran children merit a grant of asylum on humanitarian grounds with the social group defined as members of a particular family who were physically abandoned by their parents. Courtesy of David Sperling.