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 Questions Reasonableness of Internal Relocation in Afghanistan
CA7 found that substantial evidence did not support the IJ’s determination that an asylum seeker could reasonably relocate within Afghanistan to avoid future harm. The court noted no one explained how it would be possible for Petitioner to safely relocate. (Oryakhil v. Mukasey, 6/17/08)
EOIR Pasierb Memo on Processing of Defective Immigration Court Filings
A 6/17/08 Memo from Mark Pasierb, Chief Clerk of the Immigration Court, addresses the processing of defective filings at the immigration courts beginning 7/1/08.
EOIR Final Rule on Expansion of BIA and Temporary Board Members
EOIR issued a final rule amending regulations to add four Board member positions, expanding the Board to 15 members, and expanding the list of people eligible to serve as temporary Board members, effective immediately. (73 FR 33875, 6/16/08)
EOIR Updates Section 5.10(c) of Immigration Court Practice Manual
EOIR amended Section 5.10(c) of the Immigration Court Practice Manual, having to do with a change of venue.
Supreme Court Holds that Those Granted Voluntary Departure Can Seek Reopening; Rejects Automatic Tolling
The Court held that voluntary departure (VD) recipients must be permitted to unilaterally withdraw a VD request before the expiration of the VD period, rejecting the argument that the VD period automatically tolls when a motion to reopen is filed. (Dada v. Mukasey, 6/16/08)
CA9 Upholds Denial of Asylum for Failure to Meet 1-Year Deadline Exception
CA9 found jurisdiction to review the denial of asylum based on the one-year deadline under the REAL ID Act, but held that where there was no explanation for the delay in filing, a 364-day wait after his lawful status expired was not a reasonable period. (Husyev v. Mukasey, 6/16/08)
CA4 Finds INA §242(f)(2) Provides Controlling Standard for Motions to Stay Removal
CA4 held that INA §242(f)(2) governs the standard for reviewing motions to stay removal. In order to grant a stay, the court must find by clear and convincing evidence that execution of the removal order is prohibited as a matter of law. (Teshome-Gebreegziabher v. Mukasey, 6/16/08).
BIA Affirms Removal of Former SS Officer
The BIA affirmed an order to remove a man who became a citizen in 1964, because of his participation in Nazi-sponsored crimes of persecution.
Immigration Court Practice Manual Will Be Effective 7/1/08
On 6/16/08, EOIR announced that the Immigration Court Practice Manual will be effective on 7/1/08.
CA2 Remands Adverse Credibility Finding In Falun Gong Case
The court remanded the case in light of its recent decisions indicating that certain inquiries or findings are necessary before the agency can hold that vague or unauthenticated evidence is not credible. (Li v. Mukasey, 6/13/08)
BIA Finds Error in Credibility Standard, Remands Allowing for New Evidence in Asylum Claim
The BIA held that the IJ erred in applying the Real ID Act to a case where respondent filed asylum application based on membership in a social group defined by a disability, in this case, deaf and mute children, prior to the effective date of the Act. Courtesy of Geoffrey Hoffman.
BIA Finds Lack of Due Process in Address Error Made in Mailing of NTA
In an unpublished decision, the BIA held that because the NTA was mailed to the wrong address, the appeal was reopened sua sponte. Due process was only satisfied if the method of notice was conducted in a way reasonably calculated to ensure that NTA reached the alien. Courtesy of Christopher Helt.
Text of “Secure and Safe Detention and Asylum Act”
On 6/11/08, a bipartisan group of Senators introduced legislation to ensure humane treatment for asylum seekers and other detained immigrants. The “Secure and Safe Detention and Asylum Act” (S. 3114), is sponsored by Senators Lieberman (ID-CT), Brownback (R-KS), Kennedy (D-MA), and Hagel (R-NE).
CA2 Criticizes Matter of A-T-; Remands FGM Cases
The court held that the BIA erred in the application of the withholding regulations when it denied relief to three women who had experienced past FGM. The court declined to follow the reasoning and holding of A-T-. (Bah v. Mukasey, 6/11/08)
CA3 Finds “Persecution” Is Unambiguous When Applied to an Armed Camp Guard
The court concluded that Petitioner, who was an armed Nazi concentration camp guard, “personally advocated or assisted” in the persecution of others and that he was therefore ineligible for a visa under the Refugee Relief Act. (U.S. v. Geiser, 6/10/08)
CA3 Discusses the Effect of a Collateral Attack on the Finality of a Conviction
The court held that the pendency of a writ of error coram nobis collaterally attacking a conviction does not vitiate the finality of the conviction for immigration purposes unless and until the conviction is overturned. (Paredes v. Att’y Gen. of the U.S., 6/9/08)
CA3 Denies CAT Relief to Haitian for Failure to Show Specific Intent to Torture
The court concluded that CAT relief requires a showing of specific intent, that the torturer has the motive and purpose to cause pain or suffering, before it can find that an applicant will be tortured. (Pierre v. Att’y Gen. of U.S., 6/9/08)
EOIR Extends Comment Period on Fee Waiver Request Form
EOIR extended the comment period, without change, for the Fee Waiver Request form. Comments are due 7/7/08. (73 FR 32361, 6/6/08)
CA2 Remands for Finding on Persecutor’s Awareness of U.S. Activities
The court remanded Petitioner's withholding claim for the IJ to consider whether authorities were aware or were likely to become aware of Petitioner’s political activities in the U.S. (Leng v. Mukasey, 6/6/08)
Testimony before the House Subcommittee on Immigration About Detainee Medical Care
On 6/4/08 the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law of the House Committee on the Judiciary held a “Hearing on: Problems with Immigration Detainee Medical Care.”
CA5 Upholds Validity of Heightened Hardship Standard Under 8 CFR §212.7(d)
The court held that 8 CFR §212.7(d), which requires a showing of exceptional and extremely unusual hardship for §212(h) waivers involving “violent or dangerous crimes,” is a permissible construction of the statute and is not ultra vires. (Pimentel v. Mukasey, 6/4/08)
Proposed Settlement Agreement in ACLU Lawsuit to End Overcrowding at Detention Facility
DHS and the ACLU reached a proposed settlement agreement to ensure that the population at a San Diego detention facility will not again exceed capacity. (Kiniti v. Myers, 6/4/08)
CA10 Discusses Violation of Student Visa Status Under INA §214(m)(2)
The court held that Petitioner did not “terminate or abandon” her course of study when her private secondary school ceased operations and she was forced to attend a public high school. Thus, the court found Petitioner admissible for purposes of adjustment of status. (Lee v. Mukasey, 6/3/08)
CA9 Remands Frivolous Asylum Finding for BIA to Address Issues
The court remanded the case for the BIA to determine if the language of INA §208(d)(6) requires the IJ to make a final determination on the merits of the asylum application, or only requires the IJ to make a final determination that the application was frivolous. (Chen v. Mukasey, 6/3/08)
CBP Issues Memo on Hold Rooms and Short Term Custody
CBP issued a memo with guidance on its new hold rooms and short term custody policy, establishing a national policy for the short term custody of persons arrested or detained by Border Patrol Agents and detained in hold rooms at Border Patrol stations, checkpoints, and processing facilities.