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
Immigration Law Advisor, January 2009 (Vol. 3, No. 1)
Immigration Law Advisor with an article on the specific intent standard in Convention Against Torture cases, federal court activity for December 2008, an article on limit of court jurisdiction on matters of “agency discretion,” recent BIA precedent decisions, and a regulatory update.
DHS Privacy Act System of Records Notice for Removable Alien Records System of Records
DHS notice of a privacy act system of records regarding the DHS/ICE-011 Removable Alien System of Records. This system is the reissuance of the legacy system of records, Justice/INS–012 Deportable Alien Control System, as an ICE system of records. (74 FR 5665, 1/30/09)
EOIR Published a Revised Information Collection on Form EOIR-27
EOIR published a revised information collection on Form EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals. Comments are due 3/31/09. (74 FR 5677, 1/30/09)
EOIR Issues Revised Information Collection on Form EOIR-28
EOIR published a revised information collection on Form EOIR-28, Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court. Comments are due 3/30/09. (74 FR 5183, 1/29/09)
EOIR Issues Revised Information Collection on Form EOIR-40
EOIR published a revised information collection on Form EOIR-40, Application for Suspension of Deportation. Comments are due 3/30/09. (74 FR 5183, 1/29/09)
DHS SORN on Removable Alien Records System
DHS notice of the reissuance of a legacy system of records as an ICE system of records entitled DHS/ICE--011 Removable Alien Records System. Comments are due 2/27/09. (74 FR 4965, 1/28/09)
Guide for Representing Noncitizen Criminal Defendants
The Defending Immigrants Partnership released a manual entitled “Representing Noncitizen Criminal Defendants: A National Guide,” on the representation of noncitizen defendants accused of crimes.
CA9 “Aggravated Felony” in Withholding of Removal
The court lays out how to determine removability as an aggravated felon by comparing the state statute of conviction to a generic federal crime. (Anaya-Ortiz v. Mukasey, 1/27/09)
CA8 Consideration of False Statements Upheld in Denial of Status Adjustment
The court held that the IJ’s denial of adjustment of status was neither arbitrary nor capricious where IJ did not ignore evidence, but found it unpersuasive. (Dukuly v. Filip, 1/27/09)
IJ Finds Applicant Was Improperly Placed in Proceedings
The IJ granted motion to terminate proceedings, persuaded that the asylum applicant was improperly placed in removal proceedings prior to the adjudication of a previously filed asylum application. Courtesy of Geoffrey Hoffman.
Duff Memo on Prosecution of Fraudulent Document Possession Crimes Under the Identification Fraud Statute
A 1/22/09 memo from James Duff, Dir. of the Admin. Office of the U.S. Courts, transmits a letter from Kenneth Melson, Dir. of the Exec. Office for U.S. Attorneys, noting that some defendants convicted of possessing false, stolen, or unlawfully produced ID docs. may have been incorrectly sentenced.
CA2 Finds Petitioner’s Statement Should Have Been Suppressed
The court remanded, finding error in the determination that Petitioner was removable in reliance on an unsupported credibility determination and that Petitioner's statement should have been suppressed. (Singh v. Mukasey, 1/21/09)
CA9 Clarifies the One-Year Deadline for Asylum Application
The court held that the first day of the one-year period for filing an asylum application is the day after the applicant arrived in the U.S. For example, if applicant arrived on April 9, the deadline for application is April 9 of the following year, not April 8. (Minasyan v. Mukasey, 1/20/09)
ICE Terminates Agreement to House Detainees at Detention Facility in Rhode Island
On 1/15/09 ICE announced that it notified the Central Falls Detention Facility Corporation of the agency's intention to terminate the agreement to house detainees at the Donald Wyatt Detention Facility in Rhode Island. Following a death, ICE relocated facility’s 153 detainees in 12/08.
Average Bond Amounts at ICE Offices
This document is a list of average bond amounts at ICE offices. Information provided by ICE Community Outreach Program. A
CA9 Interprets Social Group “Membership”
The court held that social group is largely based on “immutable” characteristics or characteristics “fundamental” to group’s identity. Specifically, the court reviewed claim of police persecution for being a supporter of the Roma ethnic minority in Bulgaria. (Donchev v. Mukasey, 1/16/09)
CA6 Upholds Adverse Credibility Determination Based on Inconsistencies
The court held the IJ’s adverse credibility determination was supported by substantial evidence, and denial of withholding of removal was warranted where credibility of applicant had not been established. (Shan Sheng Zhao v. Mukasey, 1/16/09)
Report on Repatriation of Unaccompanied Children
The Center for Public Policy Priorities released a report entitled "A Child Alone and Without Papers" on the return and repatriation of unaccompanied children by the U.S.
CA5 on VWP Overstay and Defenses to Removal
The court held that, since petitioner remained after expiration of her 90-day VWP stay, she was not entitled to contest her removal based on her marriage-based adjustment of status application (McCarthy v. Attorney General of the United States, 1/15/09)
EOIR Fact Sheet on Asylum, Withholding of Removal and CAT
A 1/15/09 EOIR fact sheet provides basic information on asylum and withholding of removal relief, as well as Convention Against Torture (CAT) protections.
CA2 Remands Asylum Based on Persecution by Local Authorities
The court held that the IJ erred as to the timeliness of the petitioner’s application for asylum and in finding that the petitioner had not testified credibly in support of his claims, and remanded the case for further review (Zheng v. Mukasey, 1/13/09)
Court Finds Pretrial Diversion Agreement Does Not Constitute Conviction for Aggravated Felony
Court grants de novo review of naturalization denial, concluding that a Pretrial Diversion Agreement does not constitute a conviction for an aggravated felony, as the petitioner's guilt was not established by trial, plea or admission. Courtesy of Alex I. Craciunescu. (X v. Bryson, 1/13/09)
BIA Denies Motion to Set Aside Attorney Suspension Order
The BIA denied an attorney’s motion to set aside a suspension order for failure to show good cause. Motion was based on claimed good standing before the California State Bar. Matter of Rosenberg, 24 I&N Dec. 744 (BIA 2009)
TRAC Report on Immigration Prosecutions
A Transactional Records Access Clearinghouse (TRAC) report reveals that an unusually large surge in immigration prosecutions in the last months of FY2008 resulted in the annual count of such filings more than quadrupling during the Bush Administration.
DHS OIG Report on Removal of Parents of U.S. Citizen Children
On 2/13/09 the DHS Office of Inspector General (OIG) released a report that addresses the number of instances over the past 10 years in which a foreign national parent of a U.S. citizen child was removed from the country.