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
CA7 Holds it Has Jurisdiction to Review Case that Falls within Subhan Exception to Ali
The court vacates and remands. It holds that it has jurisdiction to review the BIA’s denial of a motion to reopen because the case falls within the exception to Ali set forth in Subhan v. Ashcroft. (Potdar v. Mukasey, 12/16/08)
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.
CA1 Rejects Due Process Claims in Colombian Asylum Case
The court rejected Petitioner’s claims that the IJ erred in failing to initiate a competency hearing and that the BIA incorrectly affirmed the adverse credibility finding. (Muñoz-Monsalve v. Mukasey, 12/12/08)
CA2 Says 245(i) Grandfathering Requires Proof of Bona Fide Marriage
The court upheld the BIA’s interpretation that a marriage-based petition, for purposes of grandfathering under INA §245(i), must be based on a bona fide marriage to demonstrate that the petition was approvable when filed. (Huarcaya v. Mukasey, 12/12/08)
AILA Strongly Opposes Forced DNA Collection for Civil Detainees
AILA expresses concern over the DOJ final rule (73 FR 74932, 12/10/08) that holds serious implications for people who are detained on possible immigration violations, by forcing them to submit their DNA to federal officials.
IJ Thomas Snow to Serve as Acting Chief Immigration Judge
In a 12/10/08 press release, DOJ announced that Immigration Judge Thomas Snow will serve as acting Chief Immigration Judge as of 1/5/09.
DOJ Final Rule on DNA Collection in Federal Jurisdictions
This DOJ final rule directs federal agencies to collect DNA samples from individuals who are arrested, facing charges, or convicted, and from non-U.S. persons who are detained under the authority of the U.S. subject to certain limitations and exceptions. (73 FR 74932, 12/10/08)
ICE Posts Notice of Transfer of Detainees in Rhode Island Detention Facility
ICE announced the transfer of detainees in the Wyatt Detention Facility in Rhode Island to other facilities in the area.
CA4 Denies Ineffective Assistance of Counsel Claim, Finds Petitioner Failed to Exhaust Administrative Remedies
CA4 finds that counsel's concession of deportability was not unreasonable under the law at the time, and that it lacked jurisdiction over the aggravated felony question as the issue was not raised before the IJ and BIA. (Massis v. Mukasey, 12/9/08).
Chief Immigration Judge Appointed Vice Chair of the Board of Immigration Appeals
The AILA/EOIR Liaison Committee says that the Attorney General has appointed Chief Immigration Judge David Neal as BIA Vice Chair, effective 1/5/09. Immigration Judge Thomas Snow will serve as Acting Chief Immigration Judge until the next Attorney General appoints the Chief Immigration Judge.
CA5 Finds Grant of 212(c) Waiver Does Not Expunge the Conviction Itself
The court denied the petition to review, finding that a conviction that was the focus of a previous §212(c) waiver can still be a ground of inadmissibility that precludes §212(h) relief in further removal proceedings.(De Hoyos v. Mukasey, 12/8/08)
EOIR Swears in Immigration Judge in Omaha
On 11/5/08 EOIR announced that Jack L. Anderson was sworn in to serve at the Omaha Immigration Court.
AILA Amicus Brief Urging Withdrawal of the AG's Decision in Matter of Silva-Trevino
AILA amicus brief arguing that the AG's decision in Matter of Silva-Trevino should be withdrawn, as it replaces the categorical and modified categorical approach to determining whether a person has been convicted of a CIMT with an unworkable and fundamentally unfair method of analysis.
Human Rights First Report on the U.S. Asylum System
Human Rights First issued a report, "How to Repair the Asylum System: Blueprint for the Next Administration," which includes recommendations on detention, gender-based persecution, and the one-year filing deadline for filing an asylum application.
CA11 Determines Whether Procedural Errors Are Prejudicial, Sets Standards to Prove Torture
CA11 held it can review due process violations, but petitioner failed to establish that the outcome of his removal hearing would have been different. Applicants have to prove torture by the government to be eligible for withholding of removal under CAT. (Gardner v. Attorney General, 12/4/08)
CA2 Says Second I-751 Filed After Termination of Status Does Not Restore Status
The court found that Petitioner’s status was terminated when he failed to appear with his wife at the I-751 interview and that the filing of a second I-751 petition did not restore his status. (Severino v. Mukasey, 12/3/08)
CA1 Refuses to Equitably Toll Deadline for In Absentia Motion
The court found that the Petitioner failed to demonstrate sufficient due diligence to justify equitable tolling of the motion to reopen deadline for in absentia removal orders. (Fustaguio do Nascimento v. Mukasey, 12/1/08)
CA9 Rejects Equal Protection Claim by Petitioner with State Pardon for Controlled Substance Conviction
The court holds the petitioner failed to demonstrate that the absence of a waiver for inadmissible aliens with a state pardon is wholly irrational so as to violate equal protection. (Aguilera-Montero v. Mukasey, 12/1/08)
Immigration Law Advisor, November 2008 (Vol. 2, No. 11)
Immigration Law Advisor with an article on U.S. citizenship law, federal court activity for October 2008, AG/BIA precedent decisions, and legislative and regulatory updates.
CA3 Remands Denial of MTR for Asylum Claim Based on One-Child Policy
The court noted that the BIA must consider the evidence and arguments set forth in motions to reopen and found that the BIA abused its discretion by failing to identify or discuss statements and evidence in support of Petitioners’ motions to reopen. (Zheng v. Att’y Gen. of the U.S., 11/26/08)
Supreme Court Will Review Stay Standard
The Supreme Court granted certiori in Nken v. Mukasey and will review the standard governing a stay of removal pending consideration of a petition for review.
CA4 Finds IJ Erred in Denying Asylum as a Matter of Discretion
The court set forth a list of non-exhaustive factors that IJs should consider when determining if an individual merits asylum as a matter of discretion.(Zuh v. Mukasey, 11/25/08)
BIA Holds IJ Has Duty to Alert Pro Se Applicant to Avenues for Relief
In an unpublished decision, the BIA held that the IJ had a duty to develop the record on the potential hardship of the applicant’s removal on his son and to alert the applicant to all avenues of relief, which he failed to do with regard to voluntary departure. Courtesy of Robert Carpenter.
EOIR Information Collection on Forms EOIR-42A and EOIR-42B
EOIR issued an information collection on Form EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents, and Form EOIR-42B, Adjustment of Status for Certain Nonpermanent Residents. Comments are due 12/22/08. (73 FR 70675, 11/21/08)
CA9 Denies Petition for Rehearing En Banc and Amends Opinion in Kalilu
CA9 denied the petition for rehearing en banc and made minor amendments to its earlier opinion on eligibility for adjustment of status. The court remanded the determination of a frivolous asylum application in light of Matter of Y-L-. (Kalilu v. Mukasey, 11/20/08)