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
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)
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)
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)
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)
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)
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)
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)
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)
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.
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)
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)
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)
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)
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)
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.
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)
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.
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)
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)
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)
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)
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.
CA7 Relies on Airport/Credible Fear Interview to Uphold Adverse Credibility
The court found the credible fear interviews reliable because a translator was present. Although Petitioner claimed she did not mention the forced abortion due to shame, the court held that the explanation did not overcome the level of deference due. (Xiao v. Mukasey, 10/27/08)
EOIR Fact Sheet on Representation of Aliens in Immigration Proceedings (Updated 10/28/08)
Executive Office for Immigration Review Fact Sheet discusses who may provide legal services at immigration proceedings.
CA7 Upholds Denial of Adjustment Due, in Part, to Asylum Fraud
CA7 held that it lacks jurisdiction to review a denial of a continuance, unless denial would result in nullifying the statutory opportunity to adjust status. The court upheld the denial of the continuance based on past conduct (lying to the asylum officer). (Malik v. Mukasey, 10/23/08)