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
CA1 Upholds Finding of Changed Conditions in Cambodian Asylum Claim
The court found that the adverse credibility determination was not supported by the record, and that Petitioner had suffered past persecution, but agreed with the IJ that country reports indicated that conditions had changed in Cambodia. (Ly v. Mukasey, 4/24/08)
CA7 Addresses Deceit in Asylum Claims; Upholds Adverse Credibility Finding
The court noted re the REAL ID Act that most claims can neither be confirmed nor refuted by documentary evidence, and that liars tend to give fewer details, finding substantial evidence supported the IJ’s determination. (Mitondo v. Mukasey, 4/24/08)
CA9 Finds “Annoying or Molesting a Child” Under CA Law is Not Categorically a CIMT
The court held that a misdemeanor conviction under Cal. Penal Code §647.6(a), for annoying or molesting a child under the age of eighteen is not categorically a crime involving moral turpitude. (Nicanor-Romero v. Mukasey, 4/24/08)
CA9 Rejects CAT Claim of Mentally Disabled Man for Lack of Specific Intent
The court held it lacked jurisdiction to review IJ’s finding that petitioner’s robbery conviction was a particularly serious crime and rejected his CAT claim, holding that he failed to establish that the harm he would suffer in a mental institution in Mexico. (Villegas v. Mukasey, 4/23/08)
OPPM 08-03: Application of the Immigration Court Practice Manual to Pending Cases
In this April 23, 2008, Operating Policies and Procedures Memorandum (OPPM), Chief Immigration Judge David L. Neal addresses the application of the Practice Manual’s filing deadlines to non-detained cases pending on July 1, 2008, the date the Manual becomes effective.
CA2 Finds Criminal Stop-Time Rule Not Impermissibly Retroactive
The court held that the stop-time rule was not impermissibly retroactive as applied to Petitioner, whose proceedings were initiated post-IIRIRA, but the criminal conduct occurred pre-IIRIRA. (Martinez v. INS, 4/23/08)
CA5 Finds Filing a False Tax Return is an Aggravated Felony Under INA §101(a)(43)(M)(i)
CA5 held that INA §101(a)(43)(M) does not limit aggravated felony tax offenses to tax evasion, and that filing a false tax return in violation of 26 USC §7206(1) is an aggravated felony under subsection (M)(i) if it involves a loss exceeding $10,000. (Arguelles-Olivares v. Mukasey, 4/22/08)
CA11 Vacates Earlier Asylum Decision; Removes “Courage” Language
CA11 vacated its Jan. 11, 2008 decision (AILA InfoNet Doc. No. 08022164) and reissued substantially the same decision. The court removed the language: “Courage does not negate fear.” It continued to hold that that Petitioner had a subjective fear. (Santamaria v. U.S. Att’y Gen., 4/22/08).
CA9 Finds Evading a Police Officer Under California Law is Not Categorically an Aggravated Felony (Updated 7/18/08)
The court held that evading an officer in violation of Cal. Vehicle Code, §2800.2(a) is not categorically an aggravated felony “crime of violence.” (Penuliar v. Mukasey, 4/22/08)
EOIR Fact Sheet on Unaccompanied Minors in Proceedings
On 4/22/08 EOIR issued a revised Fact Sheet on unaccompanied minors in immigration proceedings, which touches on legal representation, guidelines and training for immigration judges, and more.
CA7 Relies on Pakistani Minor’s Airport Statement to Deny Asylum
CA7 found material inconsistencies between Petitioner’s airport statement and his testimony at his asylum hearing. It noted that the airport interview had many markers of reliability, including transcript, questions about fear of return, and a translator. (Chatta v. Mukasey, 4/21/08).
DOJ Issues Proposed Rule on DNA Sample Collection
DOJ published a proposed rule that directs agencies that arrest individuals to collect DNA samples, including from detained foreign nationals. Comments are due 30 days. (73 FR 21083, 4/18/08)
CA11 Finds No Jurisdiction to Review Claims by Person Previously Removed for Drug Conviction
CA11 dismissed the petition for review for lack of jurisdiction where Petitioner had been previously removed for a controlled substance crime, despite the fact that he was now ordered removed for his presence in the U.S. without having been admitted. (Acosta v. U.S. Att’y Gen., 4/16/08)
CA9 Holds Felony Cultivation of Marijuana is Categorically an Aggravated Felony
The court held that felony cultivation conviction of marijuana under Cal. Health & Safety Code §11358 categorically falls within the generic definition of “drug trafficking crime” and thus constitutes an aggravated felony under INA §101(a)(43)(B). (United States v. Reveles-Espinoza, 4/15/08)
CA7 Finds Jurisdiction without Final Order; Holds 1-Yr. Bar Not Reviewable
The court found that the absence of a final order of removal was not dispositive and looked to the statutory definition of “order of deportation.” The court, however, declined to review petitioners’ asylum denial based on the one-year deadline. (Jimenez-Viracacha v. Mukasey, 3/3/08)
Testimony on DHS FY2009 Budget Request to House Committee on Appropriations
DHS Secretary Chertoff covered border enforcement, WHTI document standards, enhanced driver’s licenses, ten-fingerprint biometric collection, E-Verify, and detention center bed space, in his 4/10/08 statement before the Subcommittee on Homeland Security of the House Committee on Appropriations.
CA8 Upholds Adverse Credibility Finding in Nigerian Asylum Claim
The court held that the IJ offered an adequate explanation for the adverse credibility assessment, and upheld the IJ’s finding that Petitioner failed to make an effort to obtain the most basic corroborating information, such as proof of his Ogoni ethnicity. (Osonowo v. Mukasey, 4/7/08)
CA7 Rejects Modified Categorical Approach in CIMT Determination
Citing Matter of Babaisakov, CA7 concluded that when classifying convictions under criteria beyond the criminal charge, such as whether the crime involves “moral turpitude,” the agency may consider evidence outside the charging papers and judgment of conviction.(Ali v. Mukasey, 4/4/08)
Letter from CBO on the Cost of Implementing the SAVE Act
A 4/4/08 letter from CBO Director, Peter R. Orszag, to Representative John Conyers Jr. (D-MI), Chairman of the House Committee on the Judiciary, estimating the cost to the Department of Homeland Security and the Social Security Administration if the SAVE Act (H.R. 4088) were implemented.
EOIR Swears in 11 New IJs and New Assistant Chief IJ
On 4/4/08, EOIR announced that MaryBeth Keller will serve as the Assistant Chief Immigration Judge for Conduct and Professionalism, and that 11 new immigration judges were sworn in.
EOIR Publishes Revised Information Collection on Change of Address Form
EOIR published a revised information collection on Form 33/BIA, Change of Address Form for the BIA and Form 33/IC, Change of Address for Immigration Court. Comments are due 6/3/08. (73 FR 18571, 4/4/08)
AILA Liaison/EOIR Q&As (4/3/08)
The EOIR provides answers to AILA Liaison agenda item questions from the 4/3/08 meeting. Topics discussed include the ICPM, telephonic hearings, venue and related bond issues, biometrics and security clearances, asylum issues, and more.
CA3 Remands Sierra Leonean Withholding Claim
The court reversed the adverse credibility determination finding that Petitioner’s omissions with respect to dates did not go to the heart of her claim and that the few inconsistencies were the result of translation problems or the IJ’s interruptions. (Kaita v. Att’y Gen. of the U.S., 4/3/08)
CA7 Finds IJ Erred in Finding No Past Persecution in Romanian Claim
The court held that the IJ applied an incorrect legal standard in determining that Petitioner had not suffered past persecution as a result of a genital beating. The court held that the IJ erred by requiring Petitioner to show he had been “seriously harmed.” (Irasoc v. Mukasey, 4/3/08)
CA9 Allows Family Unity Smuggling Waiver for Cancellation of Removal Applicants
The court held that its conclusion in Moran v. Ashcroft, that an applicant for cancellation is eligible for a family unity waiver for smuggling when the smuggled person was the applicant’s spouse, parent, or child, was not dicta and is controlling. (Sanchez v. Mukasey, 4/2/08).