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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
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Cases & Decisions, Federal Court Cases

CA11 Discusses What Rises to Persecution

CA11 found no jurisdiction to review untimely filed asylum applications. Being forced to pay for government-provided education, or evidence that activists with similar political views were arrested and detained, did not rise to the level of persecution. (Lei v. Attorney General, 11/20/08)

11/20/08 AILA Doc. No. 09031375. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA9 Holds Undisputed Admission of Entry Date Satisfies One-Year Deadline

Finding that it had jurisdiction to determine the timeliness of the asylum application as a question of law, CA9 held that a judicial admission of an entry date within one year of filing an asylum application was an undisputed fact. (Hakopian v. Mukasey, 11/19/08)

11/19/08 AILA Doc. No. 08120966. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA8 Upholds Finding of Improved Conditions in Mauritania; Rejects Asylum

CA8 held that significant discrepancies in the record and lack of evidence supported IJ’s adverse credibility determination. It upheld the IJ’s determination that improved conditions in Mauritania rebutted any presumption of a well-founded fear based on past harm. (Sow v. Mukasey, 11/19/08)

11/19/08 AILA Doc. No. 08120965. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA9 Overturns One-Year Deadline Denial in Iranian Asylum Case

The court found that it has jurisdiction to consider the timeliness of the asylum application because it was a mixed question of law and fact.(Khunaverdiants v. Mukasey, 11/18/08)

11/18/08 AILA Doc. No. 08120968. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA6 Upholds Negative Credibility Finding Based on Blatant Overstatement

The court noted that the failure to include every detail in an asylum application should not be fatal to an asylum claim, but held that blatant overstatement of the dangers in the Ivory Coast was sufficient to support a negative credibility determination. (Kaba v. Mukasey, 11/13/08)

11/13/08 AILA Doc. No. 08120964. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA2 Vacates Adverse Credibility and Persecutor Bar in Russian Claim

The court could not determine the basis for the adverse credibility determination and remanded. The court also held that substantial evidence did not support the persecutor bar. (Balachova v. Mukasey, 11/12/08)

11/12/08 AILA Doc. No. 08120863. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA10 Finds AG’s Interpretation of Statue to Allow Indefinite Detention Reasonable

CA10 vacates the habeas grant and remands, giving deference tothe AG’s reading of 8 U.S.C. § 1231(a)(6) as authorizing detention beyond 90 days of limited classes of aliens, notwithstanding the Supreme Court’s earlier contrary interpretation. ((Hernandez-Carrera v. Carlson, 11/12/08)

11/12/08 AILA Doc. No. 08111860. Detention & Bond, Removal & Relief
Cases & Decisions, Federal Court Cases

CA9 Remands for Habeas Review of Citizenship Claim Prior to Final Order of Removal

The court reverses the district court’s dismissal for lack of jurisdiction and remands, finding that the petitioner does not have to wait until a final removal order is issued before he can secure habeas review of his citizenship claim. (Flores-Torres v. Mukasey, 11/10/08)

11/10/08 AILA Doc. No. 08112064. Naturalization & Citizenship, Removal & Relief
Cases & Decisions, Federal Court Cases

CA10 Upholds MTR Asylum Denial Based on Change in Personal Circumstances

CA10 upheld the BIA finding of failure to present new evidence of changed conditions in China re coercive population control measures. It also held that a change in personal circumstances, a fourth pregnancy, could not support an untimely motion to reopen. (Wei v. Mukasey, 11/7/08)

11/7/08 AILA Doc. No. 08120867. Asylum & Refugees, Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

AG Establishes Framework to Determine whether Conviction is CIMT

The Attorney General established analytical framework for deciding if a conviction is a CIMT, using the categorical approach, and if the inquiry remains unresolved, examines the record of conviction and then if necessary, additional evidence. Matter of Silva-Trevino, 24 I&N Dec. 687 (AG 2008)

11/7/08 AILA Doc. No. 08111931. Crimes, Removal & Relief
Federal Agencies, Liaison Minutes

AILA Liaison/NBC Q&As (11/06/08)

On 11/6/2008, NBC answered questions on the following issues:I-765 adjudication in proceedings; proof of admission by SAW applicants; change of address; lockbox issues with I-765s for individuals granted TPS in proceedings; and I-864 RFEs. AILA Doc. No. 09010665.

Cases & Decisions, Federal Court Cases

CA2 Finds Connecticut First Degree Larceny Is a CIMT

The court held that Connecticut first degree larceny for “defrauding a public community,” is a crime involving moral turpitude. (Mendez v. Mukasey, 11/6/08)

11/6/08 AILA Doc. No. 08112461. Crimes, Removal & Relief
Cases & Decisions, Federal Court Cases

CA9 Finds Violation of 18 U.S.C. § 1015(a) Does Not Require False Statement to be Material as an Element of the Offense

The court affirmed conviction concluding that 18 U.S.C. § 1015(a) does not require that false statements be “material” as an element of the offense. (United States of America v. Youssef, 11/5/08)

11/5/08 AILA Doc. No. 08110763. Crimes, Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

BIA Finds Asylum Filing Window Begins Upon Arrival from Most Recent Trip Abroad

The BIA held that for calculating the time between the arrival in the U.S. and the date when an asylum application was filed, the term “last arrival” should be interpreted literally to mean the alien’s most recent arrival from a trip abroad. Matter of F-P-R-, 24 I&N Dec. 681 (BIA 2008)

11/5/08 AILA Doc. No. 08110661. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA11 Denies Asylum to Eritrean Army Deserter Based on Lack of Credibility

The court held that the record did not compel a finding of past persecution because substantial evidence supported the IJ’s and BIA’s adverse credibility finding. (Mohammed v. U.S. Att’y Gen., 11/5/08)

11/5/08 AILA Doc. No. 08120868. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA10 Holds “Frivolous” Notice on Asylum Form Alone Complies with Statute

The court concluded as a matter of law that the written notice of the penalty for filing a frivolous asylum application contained on form complied with INA §208(d)(4)(A) and provided Petitioner with the notice he was entitled to. (Ribas v. Mukasey, 11/4/08)

11/4/08 AILA Doc. No. 08120865. Asylum & Refugees, Removal & Relief
Federal Agencies, FR Regulations & Notices

ICE Issues Revised Information Collection on Immigration Bond Form

ICE issued a revised information collection and request for comment on Form I-352. Comments are due 1/2/08. (73 FR 65390, 11/3/08)

11/3/08 AILA Doc. No. 08110360. Detention & Bond, Removal & Relief
Cases & Decisions, Federal Court Cases

CA8 Finds Lari Ethnic Group to Be a Particular Social Group for Asylum

The court granted withholding, concluding that the Lari ethnic group of the Kongo tribe is a particular social group because members share a common dialect. (Malonga v. Mukasey, 11/3/08)

11/3/08 AILA Doc. No. 08120864. Asylum & Refugees, Removal & Relief
Federal Agencies, Agency Memos & Announcements

EOIR Responds to AILA Letter Regarding Immigration Court Practice Manual

The Office of Chief Immigration Judge at the Executive Office for Immigration Review replied to a September 10, 2008, letter that the AILA/EOIR Liaison Committee sent to EOIR outlining concerns with the Immigration Court Practice Manual.

11/3/08 AILA Doc. No. 08110764. Removal & Relief
Federal Agencies, Agency Memos & Announcements

Immigration Law Advisor, October 2008 (Vol. 2, No. 10)

mmigration Law Advisor with an article on criminal convictions in the immigration context, federal court activity for September 2008, an article on immigration in the October 2008 Supreme Court term, AG/BIA precedent decisions, and a regulatory update.

11/1/08 AILA Doc. No. 08110199. Crimes, Removal & Relief
Cases & Decisions, Federal Court Cases

CA7 Upholds Frivolousness Finding in Pakistani Asylum Case

CA7 held that a finding of frivolousness is not an exercise of discretion and thus it has jurisdiction to review the agency’s finding. it upheld the frivolousness finding, noting that Petitioner knew his allegations of murder of his wife and son were false. (Siddique v. Mukasey, 10/31/08)

10/31/08 AILA Doc. No. 08112470. Asylum & Refugees, Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

BIA Considers Due Diligence to Conclude Respondent Overcame Presumption of Delivery of NTA

The BIA held that respondent overcame the weaker presumption of delivery of NTA sent by regular mail under standards set forth in Matter of M-R-A-, noting that his due diligence in promptly seeking to redress the situation is significant. Matter of C-R-C-, 24 I&N Dec. 677 (BIA 2008)

10/31/08 AILA Doc. No. 08110363. Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

BIA Addresses Overcoming Presumption of Delivery of Notices Sent by Regular Mail

The BIA held that the respondent provided sufficient evidence to overcome the presumption of delivery of a Notice of Hearing under the weaker standard applied when notices are delivered by regular mail. Matter of M-R-A-, 24 I&N Dec. 665 (BIA 2008)

10/31/08 AILA Doc. No. 08110361. Removal & Relief
Cases & Decisions, Federal Court Cases

CA4 Concludes ARequest for Stay of Removal is in Essence A Request for Injunctive Relief

Petition for rehearing en banc is denied. The court interprets 8 U.S.C. § 1252(f)(2), which provides the standard for granting injunctions against the operation of immigration laws, to encompass stays of removal. (Teshome-Gebreegziabher v. Mukasey, 10/30/08)

10/30/08 AILA Doc. No. 08111869. Removal & Relief
Federal Agencies, Agency Memos & Announcements

EOIR to Continue In-Person Hearings in Reno (Updated 10/31/08)

Contrary to the 10/28/08 announcement, on 10/30/08 EOIR announced that for the moment EOIR will continue the current practice of detailing immigration judges and staff to Reno to hear cases in person.

10/30/08 AILA Doc. No. 08102966. Removal & Relief