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 Defines “One Central Reason” in Mixed-Motive Asylum Claim
CA9 held that previous mixed-motive jurisprudence is superseded by the REAL ID Act and the new “one central reason” standard. It defined a “central” reason as of primary importance to the persecutors, essential to their decision, and a cause of their’ act. (Parussimova v. Mukasey, 7/24/08)
CA3 Holds Rescission of Adjustment Was Required Within Five Years
The court found that the amendment to INA §246(a) does not undermine the holding that a five-year limitation applies to both rescission and deportation actions taken to invalidate an adjustment that was erroneously granted to an ineligible alien. (Garcia v. Att'y Gen. of the U.S., 7/24/08)
AAO Finds that Favorable Factors Acquired after Removal Proceedings Begin Carry Less Weight
AAO dismisses appeal of a denied I-212 waiver application for an applicant seeking relief under INA §212(a)(9)(a)(iii). Finds that the applicant’s spouse, son and approved I-130 are “after-acquired equities” that are accorded less weight in the exercise of discretion.
CA2 Finds BIA Erred in Changed Country Conditions Analysis
The court found that the inference that Petitioner no longer had a well-founded fear was based entirely on a report that detailed general improvements in the Congo, but conflict persisted in Petitioner’s hometown. (Passi v. Mukasey, 7/23/08)
IJ Grants CAT Relief to Rape Victim from Vietnam
IJ grants CAT relief to an LPR convicted of an aggravated felony, based on grounds that the foreign national would be in danger of being subjected to torture if she were returned to Vietnam as she was a victim of repeated rape. Courtesy of John Ovink.
ICE Arrests 43 at Waipahu, Hawaii Apartment Complex
On 7/21/08, ICE announced that it executed nine federal search warrants and arrested 43 foreign nationals in a raid on a Waipahu apartment complex. The men were employed by The Farms, an agricultural business.
District Court Approves Settlement Agreement in Santillan, et al. v. Mukasey, et al.
On 7/21/08, a federal district court judge approved the settlement agreement in Santillan, et al. v. Mukasey, et al. The case concerned individuals who had been granted LPR status by EOIR, and to whom USCIS had not issued evidence of registration as a LPR.
CA2 Remands for Clarification on Notice to Minors
The court remanded to the BIA to provide clarification of the statutory and regulatory framework regarding serving notice to minors, particularly those released to a responsible adult under 8 CFR §236.3(a). (Llanos-Fernandez v. Mukasey, 7/22/08)
EOIR Updates Sections 1.3(c) and App. B of Immigration Court Practice Manual
On 7/22/08 EOIR made available updates to Sections 1.3(c) and Appendix B of the Immigration Court Practice Manual. Pages of the manual have been updated to provide specific URLs and e-mail addresses, rather than generally directing the reader to the EOIR website. Thanks to EOIR for the improvements.
CA2 Finds Credibility Precedent Abrogated by REAL ID Act
The court found that its prior holding in Secaida-Rosales, that an IJ may not base credibility on collateral inconsistencies and omissions, was abrogated by the REAL ID Act and that an IJ may rely on any inconsistency or omission. (Lin v. Mukasey, 7/21/08)
EOIR Legal Orientation Program and Pro Bono Project Fact Sheet
On 7/18/08 EOIR released a Fact Sheet on its Legal Orientation and Pro Bono Programs, which also highlights an unaccompanied minors initiative and a model hearing program.
EOIR to Require A Numbers
On 7/21/08 EOIR announced that effective 7/21/08 documents filed with EOIR's immigration courts and the BIA should indicate A numbers.
ICE Information Collection on Interoperability of IDENT/IAFIS with Local Jail Fingerprinting Systems
DHS emergency information collection on the interoperability of IDENT/IAFIS. ICE to use an online survey to collect information on fingerprint procedures and technological capabilities of state and local jails, as well as basic jail booking statistics. (73 FR 39978, 7/11/08)
CA10 Finds Mayan Poverty/Discrimination in Guatemala Not Basis for Asylum
The court upheld the IJ’s denial of two asylum claims finding that the economic disadvantages shown were not so severe as to threaten life or freedom. (Vicente-Elias v. Mukasey, 7/11/08)
USCIS Referral Document Regarding Issuance of NTAs to Asylum Applicants
USCIS has released a referral document which explains the process for issuance of Notice to Appear (NTA) documents to asylum applicants. The document breaks down the process that the Asylum Office is required to take when submitting a decision to an asylum applicant.
CA2 Finds Jurisdiction to Review “Particularly Serious Crime” Determination
The court found jurisdiction to review whether Petitioner was convicted of a “particularly serious crime” for purposes of asylum and withholding because the determination is not within the discretion of the Attorney General. (Nethagani v. Mukasey, 7/9/08)
CA2 Upholds Validity of Reinstatement Regulation at 8 CFR §241.8
The court held that 8 CFR §241.8, which allows an immigration officer to reinstate a prior order of removal, is a valid interpretation of the reinstatement provision at INA §241(a)(5). (Garcia-Villeda v. Mukasey, 7/8/08)
CA7 Finds Changed Conditions in Chinese One-Child Asylum Claim`
The court held that Petitioner met her burden of showing changed conditions in the Fujian Province regarding the one-child policy and was entitled to have her removal proceeding reopened. (Lin v. Mukasey, 7/8/08)
CA9 Holds Voluntary Return Trips Home Support Adverse Credibility Finding
Noting that an asylum applicant’s history of returning to his home country militates against a finding of past persecution or a well-founded fear, CA9 found that Petitioner’s two voluntary returns to Indonesia supported the IJ’s adverse credibility finding. (Loho v. Mukasey, 7/8/08)
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.
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)
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.
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.