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
CA2 Finds APA Jurisdiction to Review LPR Rescission Claims
The court found that Petitioner’s complaint alleging that she was granted LPR status which was subsequently rescinded without mandatory procedures, stated two APA claims upon which relief could be granted. (Sharkey v. Quarantillo, 9/3/08)
CA11 Finds Rehabilitative Vacaturs were Effective to Remove Non-Controlled Substance Convictions in 1997
Unpublished decision. The court granted petition for review and remanded for a factual determination as to whether "omnopon" is a controlled substance. (X v. Attorney General, 9/3/08)
CA7 Addresses Res Judicata Following Statutory Change in Law Regarding Aggravated Felonies
The court held that res judicata did not bar proceedings based on the same sexual abuse of a minor conviction for which the petitioner was previously found not deportable because it would be inconsistent with IIRAIRA. (Alvear-Velez v. Mukasey, 9/2/08)
Immigration Law Today-Sept/Oct 2008
The Sept/Oct 2008 issue of Immigration Law Today focuses on litigation, legislation, and regulations, including how one's vote impacts immigration, representing transgender clients, and inside the forensic document laboratory.
Immigration Law Advisor, August 2008 (Vol. 2, No. 8)
Immigration Law Advisor with an article on motions for continuances and reopening requests, federal court activity for July 2008, BIA precedent decisions, a regulatory update, and an article on Prieto-Romero v. Clark and Casas-Castrillon v. DHS, and bond proceedings.
District Court Rules on Motions for Summary Judgment in FOIA Suit
Court granted in part and denied in part defendant federal agencies’ motions for summary judgment in case arising from FOIA requests by a foreign national placed in removal proceedings after his visa was administratively revoked. (El Badrawi v. DHS, 8/30/08)
BIA Addresses Release Under INA 236(c)(1)
The BIA held that “release” under INA 236(c)(1) includes release from a non-DHS custodial setting after the expiration of the TPCR, and does not support limiting the custodial setting to criminal custody related to the basis for detention. Matter of Saysana, 24 I&N Dec. 602 (BIA 2008)
Scialabba and Neufeld Memo on Inadmissibility Due to HIV Infection
On August 26, 2008, Lori Scialabba, Associate Director, Refugee, Asylum, and International Operations Directorate, and Donald Neufeld, Associate Director, Domestic Operations, USCIS, released a memo on inadmissibility due to HIV infection in light of the President's signing of H.R. 5501.
CA2 Addresses Seizure and Exclusion of Evidence under Lopez-Mendoza
The court concluded that the petitioners were not seized within the meaning of the fourth amendment, so it need not consider what role race played in the stop or whether it was sufficiently egregious to justify suppression. (Pinto-Montoya v. Mukasey, 8/26/08)
CA1 Finds BIA Erred in Finding Firm Resettlement
The court remanded the case to the BIA to determine the significance of an expired residence stamp in Petitioner’s passport, and whether it constituted an offer of permanent residence in a third country. (Bonilla v. Mukasey, 8/25/08)
Big Surprise - Operation Scheduled Departure a Bust
To the surprise of no one, ICE announced today that, due to lack of interest, it would not be continuing its “Operation Scheduled Departure," which asked people who had been subject to a final order of deportation to turn themselves in for removal.
CA3 Remands for Ineffective Assistance and Claim Based on New International Treaty
The court found that Petitioner sufficiently addressed the steps under Lozada to proceed with his ineffective assistance claim and remanded for the BIA to consider how U.S. law complies with the Convention Against Transnational Organized Crime. (Rranci v. Att’y Gen. of the U.S., 8/22/08)
CA2 Refuses to Review Reinstatement Order
The court held that Garcia-Villeda forecloses a challenge to the reinstatement regulations and found that a collateral attack on a prior reinstatement order is statutorily barred. (Miller v. Mukasey, 8/21/08)
BIA Finds Parent’s Period of Residence Cannot be Imputed to Child
The BIA held that the period when the foreign national resided as an unemancipated minor child with his LPR father cannot be imputed in order to satisfy the seven-year residence requirement for cancellation of removal under INA §240A(a)(2). Matter of Ramirez-Vargas, 24 I&N Dec. 599 (BIA 2008)
ICE Scheduled Departure Fact Sheet and Brochure
On 7/30/08, ICE released a Fact Sheet on Scheduled Departure, an ICE program encouraging those with final orders of deportation turn themselves in for removal. A brochure follows the Fact Sheet.
CA9 Remands Sierra Leonean Case for Consideration of Humanitarian Asylum
CA9 upheld the finding that country conditions that affected Petitioner in Sierra Leone had improved. The court, however, rejected the BIA’s discretionary denial of humanitarian asylum, finding that the failed to consider the harm to Petitioner’s family. (Sowe v. Mukasey, 8/19/08)
CA9 Finds BIA Cannot Cure Legal Error in Later Motion to Reopen
The court held that the BIA erred as a matter of law when it construed that Petitioner’s properly raised CAT claim was abandoned, and that the BIA could not cure this legal error in its subsequent consideration of Petitioner’s motion to reopen. (Doissaint v. Mukasey, 8/18/08)
CA9 Denies MTR of Iranian Who Claimed Conversion to Christianity
CA9 upheld denial of a motion to reopen for adjustment of status, finding that it was rightly rejected as barred by the 90-day deadline, as well as the rejection of the claim of changed circumstances in Iran, finding that the new evidence was not material. (Toufighi v. Mukasey, 8/18/08)
AILF and AILA Comment on EOIR’S Proposed Rule on “Streamlining”
Comments on proposed rule, “Board of Immigration Appeals: Affirmance Without Opinion, Referral for Panel Review, and Publication of Decisions as Precedents,” including the need for federal court oversight over AWO procedures and objections to two permanent BIA members issuing precedent decisions.
Enough! AILA Decries Detainee's Death While in ICE Custody
AILA decries the reported circumstances surrounding the death of Mr. Hiu Lui Ng while in ICE custody, the result of policies and a culture that have led to the abandonment of responsible law enforcement in favor of a pretext of enforcement of a broken system.
CA2 Rejects Changed Personal Circumstances for MTR
The court found that the BIA did not abuse its discretion in denying Petitioners’ motions to reopen, finding the birth of additional children to be a change in personal circumstances, not country conditions under 8 CFR §1003.2(c)(3)(ii). (Jin v. Mukasey, 8/15/08)
CA8 Denies Asylum to Nigerian Christian Soccer Player, Upholds MTR Denial
The court held that there was substantial evidence to support the finding that Petitioner did not suffer past persecution because he did not know who shot him and did not report the shooting.(Alanwoko v. Mukasey, 8/14/08)
CA8 Finds Delay in Asylum Filing Does Not Impact Severity of Persecution
The court held that the evidence of arrests, threats and beatings compelled a finding of past persecution. The court disagreed with the IJ’s reasoning that the abuse suffered was rendered less significant because Petitioner did not seek asylum earlier.(Cooke v. Mukasey, 8/14/08)
CA7 Upholds Adverse Credibility Finding, Denies Sierra Leonean Asylum Case
The court rejected Petitioner’s arguments that 1) the IJ erred in refusing to admit country reports, 2) the BIA erred by taking administrative notice of a 1993 country report, and 3) the IJ exhibited bias. (Sankoh v. Mukasey, 8/13/08)
CA4 Remands Asylum Case Due to Confidentiality Breach and Due Process Denial
CA4 found that petitioner's right to confidentiality under 8 CFR §208.6 was violated and that she should be given the chance to present new claims based on this breach. The court held that the IJ’s consideration of a DOS letter violated her due process rights. (Anim v. Mukasey, 8/11/08)