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
80 Arrested During ICE-led Operation in Massachusetts
ICE reports that in an effort to target gang members, 80 people were arrested in Massachusetts by an ICE-led operation. Among those arrested were 55 Legal Permanent Residents. According to ICE, all arrested had criminal records.
CBP Releases Memo and Muster on Temporary I-551 ADIT Stamp for Paroled LPRs
CBP released a memo and muster on temporary I-551 ADIT stamp for LPRs paroled for completion of inspection or released for removal hearing. The documents are entirely redacted.
BIA Finds IJ Erred in Denying Continuance Based on Priority Date Retrogression
The BIA sustains appeal and grants motion to remand after IJ denied request for continuance due to visa retrogression, remanding for additional fact finding as to whether the respondent was grandfathered under section 245(i) Courtesy of Christopher Helt.
Attorney General to Review Right to Effective Counsel
The Attorney General directed the BIA to refer to him for review three cases involving Lozada standards with respect to ineffective assistance to counsel and requested amici briefs on several related issues.
CA8 Holds No Constitutional Right to Effective Assistance of Counsel
The court held that there was no constitutional right under the Fifth Amendment to effective assistance of counsel in removal proceedings and that the BIA did not abuse its discretion when it refused to reopen Petitioner’s asylum case.(Rafiyev v. Mukasey, 8/5/08)
ICE Announces Program to Ask People to Turn Themselves In
ICE announces a pilot program it dubs "Scheduled Departure" to ask those with final orders of deportation to turn themselves in for removal.
ICE in the Realm of the Bizarre
Yesterday’s announcement by ICE of a program to encourage the undocumented to report for deportation is the latest bit of strangeness in the increasing loss of rationality in the way the U.S. deals with immigration.
CA8 Upholds Denial of Withholding Based on Fear of FGM to US Citizen Child
The court held that a parent may not bring a derivative claim for withholding based upon the fact that her child would be subjected to future persecution. (Gumaneh v. Mukasey, 8/1/08)
CA1 Affirms EAJA Award Finding No Substantial Justification in Natz Delay
The court held that the delay in adjudicating Plaintiff’s naturalization and failure to expedite the application in an attempt to comply with the 120-day statutory directive was not substantially justified. (Aronov v. Chertoff, 8/1/08)
Immigration Law Advisor, July 2008 (Vol. 2, No. 7)
Immigration Law Advisor, an EOIR legal publication, with an article on bond proceedings before IJs and the BIA, federal court activity for June 2008, an article on the REAL ID Act in the circuit courts, BIA precedent decisions, and a regulatory update.
Railroad Justice Run Amok
As more information about the Postville, Iowa raid on the Agriprocessors facility comes to light, it is apparent that this was a travesty of justice that could not have occurred without the full complicity of the federal district court for the northern district of Iowa.
EOIR Proposes Changes to Standards of Representation and Professional Conduct
EOIR proposes to change the rules and procedures concerning the standards of representation and professional conduct for attorneys and other practitioners who appear before the EOIR. Comments are due by September 29, 2008. (73 FR 44178, 7/30/08)
EOIR Publishes Proposed Rule on Professional Conduct for Practitioners
EOIR published a proposed rule to change the rules and procedures concerning standards of representation and professional conduct for attorneys and practitioners appearing before immigration judges and the Board of Immigration Appeals. (73 FR 44280, 7/30/08)
EOIR Offers Guidance for Judges on Attorney Telephonic Appearances
An Operating Policies and Procedures Memorandum (OPPM) providing guidance for judges regarding requests for telephonic appearances by attorneys and representatives at master calendar and bond redetermination hearing has been released.
BIA Finds Applicant Not “Lawfully Resided” for Purposes of 212(h) Waiver
The BIA held that respondent had not “lawfully resided” in the U.S. for purposes of qualifying for a 212(h) waiver during any periods where he was an applicant for asylum or adjustment and lacked any other basis on which to claim lawful residence. Matter of Rotimi, 24 I&N Dec. 567 (BIA 2008)
BIA Dismisses Appeal Further Limiting Definition of Particular Social Group
The BIA agreed with the Immigration Judge who found that Salvadoran youth who refused recruitment into the MS-13 criminal gang or their family members does not constitute a particular social group. Matter of S-E-G-, et al., 24 I&N Dec. 579 (BIA 2008)
Stakeholder/USCIS Q & As (7/29/08)
The Q&As address I-730s, withholding or removal, 245i eligibility, I-130s, T visas, Special Immigrant Visas, adjustment of status, Refund of fees, asylum, N-400s, RFEs, humanitarian parole, HPV vaccine, and more.
Aytes Memo on Discretionary Exemptions to Terrorist Activity Inadmissibility Grounds
A 7/28/08 memo from Michael Aytes, Acting Deputy Director, USCIS, on the discretionary authority of the DHS and DOS Secretaries to exempt the effect of a foreign national’s terrorist activities on admissibility or removability.
OIG Confirms Politicized Hiring of IJs and BIA Members
The DOJ’s OIG released a report entitled, “An Investigation of Allegations of Politicized Hiring by Monica Goodling and Other Staff in the Office of the Attorney General,” confirming that political and ideological considerations were use in the hiring of immigration judges and BIA members.
CA10 Reverses Finding of No Past Persecution in Case of Armenian Journalist
CA10t reversed the finding that Petitioner’s mistreatment amounted to no more than hostile actions by people adversely affected by the news media, holding that official retaliation against one who threatens to expose govt corruption may amount to persecution. (Hayrapetyan v. Mukasey, 7/28/08)
National Immigrant Bond Fund
Information on the newly launched National Immigrant Bond Fund, which seeks to reaffirm the values of dignity and due process by assisting immigrants swept up in ICE raids to post bond quickly in order to secure a fair hearing in Immigration Court.
CA7 Finds that Denial of Continuance Renders Statutory Opportunity to Seek Adjustment a "Mere Illusion"
CA7 remanded, finding that the IJ’s lack of jurisdiction to entertain adjustment applications was not a rational basis for denying the continuance request, and that the denial nullified the statutory right to apply for adjustment under the circumstances of the case. (Ceta v. Mukasey, 7/25/08)
CA9 Addresses Prolonged Detention and Opportunity for a Bond Hearing under INA §1226(a)
CA9 remands because it could not determine whether a bond hearing had been afforded, due to an inadequate record. It held that the detention was permissible under INA §1226(a), but that the AG is required to provide an opportunity to challenge the detention. (Casas-Castrillon v. DHS, 7/25/08)
CA9 Upholds Denial of Habeas Claim as Petitioner Failed to Establish Indefinite Detention
CA9 held that where a removal order is administratively final, but removal is stayed for a petition for review, detention is authorized. It rejected a Zadvydas challenge because the petitioner’s detention end date was uncertain but not indefinite. (Prieto-Romero v. Clark, 7/25/08)
Testimony from AILA During House Hearing on Immigration Raids
Testimony of AILA First Vice President David Leopold during the 7/24/08 House Immigration Subcommittee hearing on recent immigration work place raids.