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 Administrative Closure Does Not Re-Start Physical Presence for Suspension
The court held that the continuous physical presence clock did not begin anew upon administrative closure of Petitioner’s proceedings because such proceedings were temporarily removed from the IJ’s calendar, not terminated. (Arca-Pineda v. Att’y Gen of the U.S., 5/28/08)
CA3 Discusses “Concealing,” “Harboring,” and “Shielding” Under INA §274(a)(1)(A)(iii)
The court held that “concealing,” “harboring” and “shielding” under INA §274 encompass conduct tending to substantially facilitate an alien’s remaining in the U.S illegally. (U.S. v. Ozcelik, 5/27/08)
EOIR Issues Memo on the Board’s Standard/Scope of Review
Obtained via FOIA by Hoppock Law Firm, EOIR released a memo on the Board’s standard/scope of review. Special thanks to Matthew Hoppock.
CA9 Holds Oregon Identity Theft is Not Categorically an Aggravated Felony Theft Offense
The court held that a conviction for identity theft in violation of Oregon law is not categorically an aggravated felony under INA §101(a)(43)(G) because the statute punishes conduct that goes beyond the scope of a generic theft offense. (Mandujano-Real v. Mukasey, 5/22/08)
CA9 Finds Jurisdiction to Review IJ’s Denial of Motion to Continue
The court held that INA §242(a)(2)(B)(ii) does not strip jurisdiction over challenges to an IJ’s denial of a continuance because that authority is not “specified under [the relevant] subchapter to be in the discretion of the Attorney General....” (Sandoval-Luna v. Mukasey, 5/22/08)
CA1 Finds Threats Can Amount to Persecution in Cambodian Withholding Claim
In a Cambodian withholding case, the court found that credible threats can amount to persecution, especially when the assailant threatened the applicant with death, in person, and with a weapon. (Sok v. Mukasey, 5/22/08)
CA1 Upholds Denial of Asylum Based on Lack of Past Persecution and Nexus
The court found that the BIA’s emphasis on the lack of physical harm was appropriate, and that it was significant that the threats were not connected to a protected ground. (Restrepo Ruiz v. Mukasey, 5/21/08)
CA7 Finds Illinois Domestic Battery is an Aggravated Felony Crime of Violence
The court held that a conviction for domestic battery, in violation of 720 ILCS 5/12-3.2(a)(1) is a crime of violence under 18 USC §16(a) and is therefore an aggravated felony as defined by INA §101(a)(43)(F). (LaGuerre v. Mukasey, 5/20/08)
AILA Commends Congressional Hearing on Devastating Impact of Workforce Raids
AILA expresses appreciation to the leadership shown by the House Workforce Protections Subcommittee for holding a hearing on the impact of immigration raids, which helped shine a long overdue light on the harsh consequences these raids visit upon American children, families, and communities.
BIA Finds Fourth Degree Assault Conviction Is Not a “Crime of Child Abuse”
The BIA held that a WA fourth degree assault conviction is not a “crime of child abuse” under INA §237(a)(2)(E)(i), and concludes that removability on the basis of "a crime of child abuse" is determined by the elements of the offense. Matter of Velasquez-Herrera, 24 I&N Dec. 503 (BIA 2008)
CA4 Holds Ineffective Assistance Not a 5th Amendment Due Process Violation
CA4 held that counsel’s ineffectiveness in a removal proceeding cannot deprive a person of his 5th Amendment right to a fair hearing, reasoning that counsel was not a state actor and there was insufficient nexus between the federal government and counsel. (Afanwi v. Mukasey, 5/19/08)
Supreme Court Opens Door to Tougher Sentences for Career Criminals
The Court held that for purposes of sentencing under the Armed Career Criminal Act, a court charged with determining whether a prior drug offense is “serious” under ACCA §924(e)(2)(A) may consider recidivist sentencing enhancements for repeat offenders. (United States v. Rodriquez, 5/19/08)
Representative Braley Seeks More Information on DOL/ICE Coordination in Postville Raid
In May, Representative Braley (D-IA) sent letters to the DOJ, DOL and DHS requesting information about a possible investigation into labor practices at Agriprocessors facility in Postville, Iowa. On 07/17/08, Braley issued a follow-up letter.
Senator Kennedy Letter to DHS Secretary Chertoff and HHS Secretary Leavitt on ICE Raids
A 5/16/08 letter from Senator Edward Kennedy (D-MA) to DHS and HHS Secretaries urging them to adopt an interagency agreement and issue guidelines to reduce impact of ICE enforcement actions on children participating in Head Start and other federally-assisted child development programs.
CA9 Finds AZ Attempted Public Sexual Indecency to a Minor is Not Categorically an Aggravated Felony
The court held that Petitioner’s conviction for attempted public sexual indecency to a minor under Arizona law did not constitute attempted sexual abuse of a minor under INA §101(a)(43)(A) and (U) under either the categorical or the modified categorical approach. (Rebilas v. Mukasey, 5/16/08)
A Compromised Judiciary
In a troubling turn of events, it appears that the Federal judiciary has become complicit in an effort to deprive employees of an Iowa meat packing plant of their basic rights. AILA calls upon the court system and DOJ and DHS to restore due process and maintain the presumption of innocence.
EOIR Announces Release of Legal Orientation Program Evaluation Report
A 5/15/08 EOIR News Release summarizes the findings of a Vera Institute of Justice report on the impact and benefits of EOIR’s Legal Orientation Program.
Sign-On Letter On Provisions of Medical Care to Immigration Detainees
A sign-on letter from 18 civil rights, religious, and advocacy organizations to DHS Secretary Michael Chertoff expressing concern over the provision of medical care to immigration detainees.
On the Hot Seat Over Detainee Medical Care, ICE Responds
Following the introduction of legislation on detainee medical care, and media exposés on substandard medical care for detainees, ICE responds.
AG Overrules BIA Holdings on Refugee Status for Spouse in Forced Abortion/Sterilization Cases
The Attorney General, in In re Matter of Jianzhong Shi, overruled two precedent, en banc BIA decisions on entitlement to per se refugee status for the spouses of individuals physically subjected to a forced abortion or sterilization procedure.
AILA Condemns ICE's Failure to Provide Basic Medical Care
AILA applauds the introduction of the Detainee Basic Medical Care Act of 2008. This bill takes an important step in addressing ICE’s outrageous failure to provide medical treatment in detention facilities which has resulted in serious harm to detainees and in some cases, even death.
BIA Reverses Adverse Credibility Finding for Battered Cancellation of Removal Applicant
The BIA held that the IJ erred in the adverse credibility determination, which was based solely on the fact that the applicant attempted to enter the U.S. by fraud, finding the respondent met the burden of establishing she was a battered spouse for purposes of special rule cancellation of removal.
ICE Correspondence Addresses Right To Presence Of Counsel
ACLU of Northern California letter to ICE and ICE response regarding right to presence of counsel at certain stages of detention.
EOIR Reminds Coercive Population Control Asylees to Report Changes of Address
A 5/12/08 EOIR news release reminds coercive population control asylees to provide change of address information to both DHS and EOIR.
DHS OIG Report on ICE Detainee Telephone Services Contract
DHS Office of Inspector General released a report on the quality of service provided by Public Communication Services, Inc., contracted to provide pro bono telephone service to detainees, in exchange for the exclusive right to sell detainees debit calling cards and to charge fees for collect calls.