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
CA3 Finds IJ Abused Discretion in Refusing to Grant Continuance
The court held that the IJ abused his discretion in relying on case completion goals in refusing to grant a continuance to Petitioner, the beneficiary of a pending marriage-based I-130 petition. (Hashmi v. Att’y Gen. of the U.S., 7/7/08)
CA7 Finds It Lacks Jurisdiction to Review a MTR Based on Changed Conditions
The court found that, because discretionary decisions now may be reviewed when they entail constitutional claims or questions of law, there is nothing incongruous about the consolidation rule in INA §242(b)(6). (Kucana v. Mukasey, 7/7/08)
NILC Advisory on Protections for Salvadorans Following a Worksite Raid
The National Immigration Law Center (NILC) released an advisory on protections available to detained Salvadorans following a worksite raid.
CA8 Upholds Denial of Asylum for Christian Palestinian Family
The court found that Petitioners’ difficulties in the Palestinian territory were part of a general state of unrest and did not qualify as persecution.(Al Yatim v. Mukasey, 7/3/08)
Complaints Filed Against Supervisors at Agriprocessors Following Postville Raid
These documents are copies of complaints filed against two supervisors at the Agriprocessors plant in Postville, Iowa following the raid on 5/12/08. The defendants were arrested on various criminal immigration and fraudulent identity charges.
AILA Position Paper: Alternatives to Detention
AILA’s Position Paper in support of creating community-based alternatives to detention programs that allow individuals, including vulnerable populations, to be released from detention.
CA7 Remands Video Conference Asylum Hearing for Review of Key Evidence
The court found that the use of video conferencing for immigration hearings facially comported with due process. The court held, however, that Petitioner was entitled to a new hearing because she was not able to review key evidence. (Raphael v. Mukasey, 7/2/08)
ICE Arrests 45 People Employed by Maryland Painting Business
ICE raided Annapolis Painting Services in Maryland, arresting 45 employees on administrative immigration violations, as part of an 18-month–long ICE investigation.
EOIR Releases Docketing Manual
EOIR released its Docketing Manual, which was revised in July of 2008.
CA10 Finds BIA Failed to Properly Apply the “Clearly Erroneous” Standard
The court noted that under 8 CFR §1003.1(d)(3)(i), the BIA is required to review the IJ’s factual findings only for clear error. The court held that the BIA’s rigorous review of the IJ’s credibility determination exceeded the bounds of clear error review. (Kabba v. Mukasey, 7/1/08)
Immigration Law Advisor, June 2008 (Vol. 2, No. 6)
Immigration Law Advisor with an article on increased ICE enforcement of immigration laws and its impact on immigration proceedings and suppression efforts, federal court activity for May 2008, an article on the October 2007 term of the Supreme Court, BIA precedent decisions, and a regulatory update.
US District Court Rules in Favor of Kentucky Landlord
On 06/27/08, William Jerry Hadden, a Kentucky landlord who faced 62 charges in US District Court of renting apartments without verifying the immigration status of the future tenants, was found not guilty on all charges.
CA9 Rejects Adverse Credibility Finding in Iraqi Chaldean Asylum Case
CA9 rejected the bases for the negative credibility determination: unlikelihood of withstanding the pressure of the Ba’ath party, failure to mention her rape in her asylum application, and failure to explain the consequences of her leg infection. (Mousa v. Mukasey, 6/27/08)
CA6 Rejects Finding That Two State Misdemeanor Drug Convictions Constitute an Aggravated Felony
The court held that under the hypothetical federal-felony approach, two state misdemeanor drug possession convictions cannot combine to constitute an aggravated felony recidivist offense where the second conviction makes no reference to the first. (Rashid v. Mukasey, 6/26/08)
CA9 Reverses Adverse Credibility Finding and IJ’s Exclusion of Witnesses
The court held that substantial evidence did not support the adverse credibility finding because the components of that determination were neither substantial nor did they go to the heart of Petitioner’s asylum claim. (Morgan v. Mukasey, 6/25/08)
IJ Grants Exception for One-Year Filing Deadline for Asylee
The IJ found exceptional circumstances existed and granted asylum to an Indonesian Christian ministor, despite the applicant’s failure to file within one year. Courtesy of Sun Jin Jung.
EOIR Updates Section 4.15(j) of Immigration Court Practice Manual
EOIR updated section 4.15(j) of the Immigration Court Practice Manual on 6/20/08.
CA1 Discusses Burden of Proving Misdemeanor Conduct Under the CSA
The court found that Petitioner failed to meet his burden of showing that the conduct underlying his conviction would merit misdemeanor treatment under the Controlled Substances Act, and is therefore, not an aggravated felony. (Julce v. Mukasey, 6/20/08)
CA2 Remands CAT Claim Due to IJ’s Remarks about Homosexuality
The court found that the IJ’s comments were disrespectful to Petitioner and reflected an impermissible reliance on preconceived notions about homosexuality. (Ali v. Mukasey, 6/18/08)
EOIR Proposed Rule Amending Administrative Review Procedures of BIA
EOIR proposed a rule to amend the BIA's administrative review procedures regarding the issuance of an affirmance without opinion, referral for panel review, and publication of decisions as precedents. Comments are due 8/18/08. (73 FR 34654, 6/18/08)
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 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)