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
EOIR Issues Memo on Administrative Closure of Cases Pursuant to the ABC Settlement Agreement
Obtained via FOIA by Hoppock Law Firm, EOIR released a memo on administrative closure of cases pursuant to the ABC settlement agreement. Special thanks to Matthew Hoppock.
Immigration Law Advisor, September 2008 (Vol. 2, No. 9)
Immigration Law Advisor with an article on identity and persecution in sexual orientation asylum claims, federal court activity for August 2008, an article on rebutting the “presumptive inference” from past to future persecution, AG/BIA precedent decisions, and a regulatory update.
CA1 Remands Economic Persecution Claim of Gay Indonesian Doctor
The court remanded the case for clarification of the standard the BIA used in rejecting Petitioner’s economic persecution claim. The IJ found that Petitioner had suffered past persecution because he was unable to earn a living. (Kadri v. Mukasey, 9/30/08)
AILA Comment on EOIR’S Proposed Rules for Professional Responsibility
AILA comment on the proposed rule, “Professional Conduct for Practitioners – Rules and Procedures, and Representation and Appearances,” stressing the need for greater clarity of standards for misconduct and the need to reexamine the disciplinary procedures.
Indictment for Illegal Re-entry Dismissed as Defendant was Deprived of Opportunity for Judicial Review
District Court grants motion to dismiss indictment, finding that defendant was eligible for § 212(c) relief because he relied upon pre-AEDPA/IIRIRA law as it existed at the time of pleading. (U.S. v. Medina-Avila, 9/29/08)
AAO Finds that a Single Act of Soliciting Prostitution on One's Own Behalf Is Not a Crime Involving Moral Turpitude
AAO finds that the 212(h) waiver applicant was convicted of only one crime involving moral turpitude, which qualifies under the petty offense exception. Also found that a single act of soliciting prostitution on own behalf does not fall within INA §212(a)(2)(D)(ii). Courtesy of Victoria Gentile.
Overview of the Protect Citizens and Residents from Unlawful Raids and Detention Act (S. 3594)
AILA overview of the Protect Citizens and Residents from Unlawful Raids and Detention Act (S. 3594), introduced by Senator Menendez (D-NJ)on 9/26/08.
Analysis of the Protect Citizens and Residents from Unlawful Raids and Detention Act
Section-by-section analysis of the Protect Citizens and Residents from Unlawful Raids and Detention Act (S. 3594), introduced by Senator Menendez (D-NJ) on 9/26/08.
AILA Commends Senators Menendez and Kennedy for Introducing Raids and Detention Bill
AILA welcomes the introduction of the Protect Citizens and Residents from Unlawful Raids and Detention Act (S.3594) by Senators Menendez (D-NJ) and Kennedy (D-MA), which would establish minimum standards of treatment for individuals impacted by immigration enforcement operations.
CA1 Upholds Asylum Denial Based on Lack of Nexus under REAL ID
The court found insufficient evidence to conclude that Petitioner’s family was targeted for political reasons, and that REAL ID added two elements to the burden of proof: 1) the one central reason standard, and 2) corroborating evidence. (Singh v. Mukasey, 9/25/08)
CA2 Finds BIA Erred in Aggravated Felony Analysis
The court vacated the finding that in determining whether an offense was committed for commercial advantage, the inquiry need not be restricted to the “elements” needed for conviction. (Gertsenshteyn v. DOJ, 9/25/08)
DOJ Announces Opening of Kansas City Immigration Court
DOJ announced the opening of the Kansas City immigration court on 9/29/08.
Attorney General Certifies Matter of R-A- and Lifts Stay
The Attorney General lifted the stay in Matter of R-A- and remanded the case to the Board to revisit the issues presented with respect to asylum claims based on domestic violence in light of current law. Matter of R-A-, 24 I&N Dec. 629 (AG 2008)
GAO Study on Quality Assurance in U.S. Asylum System
GAO released a report that addresses the extent to which quality assurance mechanisms have been designed to ensure adjudication integrity, as well as the key factors that affect asylum officer and immigration judge adjudications.
GAO Reports on Factors Affecting Variability in Asylum Outcomes
A GAO report found significant variation in asylum outcomes across immigration courts and judges, with nine factors affected variability in asylum outcomes.
Text of Protect Citizens and Residents from Unlawful Raids and Detention Act
On 9/25/08, Senators Menendez (D-NJ) and Kennedy (D-MA) introduced the “Protect Citizens and Residents from Unlawful Raids and Detention Act” (S.3594). The bill would restore basic due process protections for U.S. citizens, lawful permanent residents and workers during immigration raids.
CA2 Remands for Standards on Continuances for Labor Certification Adjudication
The court found that it could not adequately consider whether the BIA abused its discretion in denying a motion for continuance without standards explicating when continuances for labor certification adjudication are permissible. (Rajah v. Mukasey, 9/24/08)
ICE Issues Information Collection on Obligor Change of Address Form
ICE information collection on Form I-133, Obligor Change of Address. Comments are due 11/24/08. (73 FR 55123, 9/24/08)
BIA Concludes False Claim of Citizenship on I-9 Does Not Bar Good Moral Character Finding
The BIA reversed IJ’s decision, holding that the “catch-all” provision of INA § 101(f) bars a finding of good moral character under INA §240A(b)(1)(B) for an alien that made a false claim of U.S. citizenship on Form I-9. Matter of Guadarrama, 24 I&N Dec. 625 (BIA 2008)
Testimony Before the House Immigration Subcommittee on EOIR
On 9/23/08, the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law of the House Judiciary Committee held a hearing on the Executive Office for Immigration Review (EOIR).
USCIS Fact Sheet on New Policy of ABC Registration Determinations After Chaly-Garcia v. U.S.
USCIS released a fact sheet and Q&As on ABC registration determinations after Chaly-Garcia v. U.S
Attorney General Vacates Denial of Withholding Claim Based on FGM
The Attorney General vacated BIA decision denying a Malian woman’s claim for withholding and remands for reconsideration of questions relating to her eligibility for withholding based on the claim that she was subjected to female genital mutilation. Matter of A-T-, 24 I & N Dec. 617 (AG 2008)
CA7 Upholds Adverse Credibility Finding Despite IJ Errors; 1 Judge Dissents
The court held that notwithstanding the IJ’s mistakes, the balance of the evidence relied on by the IJ supported the adverse credibility finding. (Musollari v. Mukasey, 9/19/08)
CA11 Remands for Reconsideration of Continuance Based on Pending I-140/I-485
CA11 remanded for reconsideration of a request for continuance until pending I-I40/I-485 are adjudicated. It found that the IJ denied the continuance based on 11th circuit case law at the time, prior to the decisions in Zafar II, Merchant and Haswanee. (Matter of Jivan, 9/19/08)
CA8 Finds Cameroonian Widows Constitute a Particular Social Group
The court held that the BIA erred in rejecting the social group of Cameroonian widows, finding that they share an immutable characteristic and are viewed by society as members of a social group. (Ngengwe v. Mukasey, 9/18/08)