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
Supreme Court to Hear Identity Theft Case
The Supreme Court granted certiorari to determine what federal prosecutors must show to prove aggravated identity theft under 18 U.S.C. § 1028A(a)(1). The case is Flores-Figueroa v. U.S., 08-108.
Section-by-Section Analysis of the “Immigration Oversight and Fairness Act” (H.R. 7255)
Section-by-section analysis of the “Immigration Oversight and Fairness Act” (H.R. 7255), introduced by Representative Roybal-Allard (D-CA) on 10/03/08.
CA9 Finds BIA Erred in Holding that Statutory Rape Conviction Constituted Aggravated Felony
The court grants petition for review, finding that the petitioner’s conviction under California penal code statutory rape provisions does not constitute the aggravated felony “sexual abuse of a minor” within the meaning of 8 U.S.C. § 1101(a)(43). (Estrada-Espinoza v. Mukasey, 10/20/08)
CA1 Upholds IJ's Negative Credibility Finding in Albanian Asylum Claim
The court found that the cumulative effect of inconsistencies regarding the beating Petitioner suffered and his lack of knowledge of Albanian politics were sufficient to support the IJ’s negative credibility finding. (Bebri v. Mukasey, 10/17/08)
CA2 Finds BIA Failed to Make Individualized Analysis of Changed Conditions
The court held that the BIA failed to address the evidence of continued persecution of Serbian minorities in Montenegro and failed to conduct an individualized analysis of changed conditions. (Alibasic v. Mukasey, 10/17/08)
EOIR Announces 12 New Legal Orientation Program Sites
On 10/15/08 EOIR announced that 12 new Legal Orientation Program sites will be operational by December 2008.
CA6 Finds that an Aggravated Felony Crime of Violence is not Equivalent to §212(a) CIMT
Court concludes the Cambodian petitioner is not eligible for INA§ 212(c) relief, as an aggravated felony crime of violence ground for removal is not substantially equivalent to a CIMT ground for exclusion such that the two could be statutory counterparts. (Thap v. Mukasey, 10/15/08)
CA2 Upholds 3-Part Test for Asylum Based on More than One Child
The court found that the well-founded fear requirement for more than one child in China must be decided on a case-by-case basis and that the BIA’s three-step evidentiary analysis did not increase the burden of proof. (Shao v. Mukasey, 10/10/08)
EOIR Fact Sheet on FOIA Request Filings
A 10/9/08 Fact Sheet outlines procedures for filing a FOIA request with EOIR.
ICE Strategy of Prosecution for Federal Crimes and Swift Deportation
A policy brief from the DHS-NGO Enforcement Working Group reviews ICE's recent enforcement actions in Postville, Iowa and Laurel Mississippi, and pinpoints the human rights violations inherent in ICE's latest strategies.
CA2 on Burden of Proof in Abandonment of Status Determination
The court found that because the petitioner left the country as an LPR, the sole question is whether she abandoned that status during her trip abroad, which DHS bore the burden of proving by clear, unequivocal and convincing evidence. (Matadin v. Mukasey, 10/8/08)
CA6 Finds a Birth of Two US Children Cannot Support MTR Asylum Claim
CA6 holds that, after a removal order is final for 90+ days, the exclusive avenue for relief is a motion to reopen and an additional asylum application is permissible if supported by changed country conditions, not changed personal circumstances. (Zhang v. Mukasey, 10/8/08)
CA9 Holds Non-Aggravated Felony Crimes Can Be Bars to Asylum and Withholding
The court deferred to the BIA’s interpretation that for purposes of withholding, the INA permits a determination that an applicant’s crime is particularly serious even though the crime is not an aggravated felony. (Delgado v. Mukasey, 10/8/08)
CA2 Says Removal Proceedings Preclude Court’s Ability to Grant Naturalization
The court found that the district court properly dismissed the petitioner’s INA §336(b) claim for failure to state a claim on which naturalization relief could be granted while removal proceedings were pending. (Ajlani v. Chertoff, 10/7/08)
AILF Files Amicus Brief with Attorney General on Ineffective Counsel
AILF amicus brief reiterating immigrants' right to protection against ineffective assistance of counsel after the AG signaled that he may eliminate immigrants' long-standing ability to protect their rights and salvage their removal case when former counsel was ineffective.
BIA Addresses Asylum and Resistance to Forced IUDs in China
The BIA held that the insertion of an IUD as part of China's family planning policy does not rise to the level of harm necessary to constitute “persecution” absent aggravating circumstances. Matter of M-F-W- & L-G, 24 I&N Dec. 633 (BIA 2008)
BIA Denies MTR Sua Sponte Holding Departure Bar Remains in Effect
The BIA held that the departure bar rule remains in effect, thus it lacks jurisdiction to consider the removed alien’s motion to reopen sua sponte. Matter of Armendarez-Mendez, 24 I&N Dec. 646 (BIA 2008)
CA9 Upholds Adverse Credibility Finding for Gay Guatemalan with One Dissent
CA9 declined to apply the law of the case for this claim that had been remanded once to the BIA, finding that it would constitute a manifest injustice, then held that the adverse credibility determinations were well supported by substantial evidence. (Martinez v. Mukasey, 10/6/08)
AILA Applauds the Introduction of the Immigration Oversight and Fairness Act
AILA applauds the introduction of the Immigration Oversight and Fairness Act (H.R. 7255) by Representative Lucille Roybal-Allard (D-CA), which calls for an end to unlawful detention and detainee abuse.
President Signs the Child Soldiers Accountability Act of 2008
On 10/3/08, President Bush signed into law the Child Soldiers Accountability Act of 2008 (PL 110-340). The law amends the Immigration and Nationality Act to render any alien who has recruited or used child soldiers inadmissible or deportable.
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.
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.
CA1 Finds Lebanese Christian Failed to Show Likelihood of Persecution
The court upheld the BIA’s determination that the incidents of harassment Petitioner experienced in Lebanon did not rise to the level of persecution, and that Petitioner failed to show he would be in danger upon return. (El-Labaki v. Mukasey, 10/1/08)
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.