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 Remands Frivolousness Finding for BIA to Apply Matter of Y-L- Factors
The court remanded the BIA’s frivolous asylum application finding to allow the BIA to apply the procedural guidelines set forth in Matter of Y-L-, a precedent decision issued 5 months after the frivolousness finding in Petitioner’s case. (Kalilu v. Mukasey, 2/14/08)
CA9 Finds Late Arrival to Court is Not a Failure to Appear for In Absentia Purposes
The court held that Petitioner, who arrived two hours late for his hearing due to his car’s mechanical failure, but arrived while the immigration judge was still in the courtroom, did not fail to appear for his hearing. (Perez v. Mukasey, 2/14/08)
CA1 Upholds Adverse Credibility Finding in Cambodian Asylum Claim
While the IJ arguably overstated the number and importance of the inconsistencies, the court held that the IJ had a rational basis for the adverse credibility finding. (Teng v. Mukasey, 2/14/08)
CA4 Holds CAT Factual Findings Not Reviewable; Adjustment Unavailable
CA4 found that it lacked jurisdiction to review the CAT claim because the issue on appeal was a factual determination by the BIA. The court held that Petitioner, who entered as a refugee and previously adjusted status, was unable to adjust status again. (Saintha v. Mukasey, 2/14/08)
CA2 Adopts 30 Day Grace Period for Certain Post-REAL ID Petitions for Review
The court held that where a final order of removal was issued prior to REAL ID's enactment, a petition for review will be considered timely filed if filed within 30 days of May 11, 2005. (Ruiz-Martinez v. Mukasey, 2/14/08)
ICE Issues Detention Standards Complaint Procedures
ICE released the following detention standards complaint procedures which detail how individuals can file complaints where ICE detention facilities are not complying with detention standards.
DHS Secretary Testimony on the FY2009 Budget Request
Testimony of DHS Secretary Chertoff on “The President’s FY2009 Budget Request for the Department of Homeland Security” before the House Committee on Homeland Security.
BIA Says Burden Shifts to DHS After Asylum Applicant Establishes Past Persecution
The BIA held that, once an asylum applicant has established past persecution, the burden shifts to DHS to prove country conditions have changed, or the applicant could avoid future persecution by relocating, and it would be reasonable to do so. Matter of D-I-M-, 24 I&N Dec. 448 (BIA 2008)
ICE Raids Micro Solutions Enterprises in Van Nuys, California
On 2/8/08, ICE announced the arrest of 130 foreign nationals during a worksite enforcement operation at Micro Solutions Enterprises in Van Nuys, California on 2/7/08.
ICE Raids Universal Industrial Sales, Inc. in Utah
On 2/8/08, ICE announced the arrest of 57 foreign nationals during a worksite enforcement operation at Universal Industrial Sales, Inc. in Lindon, Utah on 2/7/08.
Scialabba Memo on Authority to Grant Asylum in Expedited Removal Process
Memo from Lori Scialabba, Associate Director, Refugee, Asylum, and Int'l Operations Directorate, USCIS, in response to the U.S. Commission on International Religious Freedom’s recommendation that asylum officers be given the authority to grant asylum at the time of the credible fear interview.
CA5 Says District Court Has Jurisdiction to Review I-130 Denials
The court held that a decision regarding the validity of a marriage for purposes of an I-130 visa petition is not discretionary within the meaning of INA §242(a)(2)(B), and is therefore, subject to judicial review. (Ayanbadejo v. Chertoff, 2/8/08)
CA1 Finds BIA Did Not Conduct Improper Factfinding in Asylum Case
The court held that the IJ resolved the issue of past persecution and that the BIA did not impugn the IJ’s factual finding, but simply explained why it was supportable. (Rotinsulu v. Mukasey, 2/8/08)
CA2 Says §212(a)(9)(C)(i)(II) Trumps §245(i) Adjustment
The court held that a person inadmissible under INA §212(a)(9)(C)(i)(II) is ineligible for §245(i) adjustment of status and inadmissibility under that subsection may not be waived by 8 CFR §212.2. (Delgado v. Mukasey, 2/7/08)
CA9 Finds Failure to Register as a Sex Offender in NV is Not a Crime Involving Moral Turpitude
CA9 held that failure to register as a sex offender under Nevada law is not a crime of moral turpitude. (Plasencia-Ayala v. Mukasey, 2/7/08)
CA2 Remands for Reconsideration of MTR Based on Velarde-Pacheco
The court found no 4th Amendment violation in the detention and interrogation of Petitioner at a mobile checkpoint but held that the BIA may not deny a motion to reopen under Velarde-Pacheco solely on the fact of DHS’s objection. (Melnitsenko v. Mukasey, 2/6/08)
BIA Gives Guidance to IJs on Creation and Preservation of Complete Record
The BIA held that IJs must insure a complete record is preserved, with attachments to oral decisions individualized and appended to the written memorandum summarizing the oral decision, which should reflect that there is an attachment. Matter of Kelly, 24 I&N Dec. 446 (BIA 2008)
CA9 Amends Grigoryan Decision; Instructs BIA to Grant MTR
The court amended its 11/19/07 decision regarding ineffective assistance of counsel in an asylum case by an Armenian-Turkish woman harmed in Azerbaijan, finding that the BIA erred in failing to presume prejudice and abused its discretion in denying the MTR. (Grigoryan v. Mukasey, 2/5/08)
CA2 Remands Frivolous Finding where Applicant Recanted before Final Decision
The court remanded where the applicant admitted filing a materially false asylum application, but withdrew it before the IJ made a final determination on the application. (Zheng v. Mukasey, 2/1/08)
Immigration Law Advisor, January 2008 (Vol. 2, No. 1)
Immigration Law Advisor, an EOIR legal publication, with an article on Brand X deference, federal court activity for December 2007, an article on “frivolousness” in asylum adjudications, update on recent BIA precedent decisions, a legislative commentary on CIR, and a regulatory update.
BIA Discusses Meaning of “Child” in Context of Adoption of Siblings
The BIA held that a child who was adopted under 18, and whose natural sibling was subsequently adopted by the same parent/s while under the age of 16, may qualify as a “child”, even if the child’s adoption preceded that of younger siblings. Matter of Anifowoshe, 24 I&N Dec. 442 (BIA 2008)
Attorney General Mukasey Announces $100 Million Funding Request for Border Enforcement
A 1/31/08 DOJ press release and fact sheet that announces a request for $100 million in FY2009 to fund the DOJ’s Southwest Border Enforcement Initiative.
CA6 Remands for Reconsideration of Late Appeal Filed Via Fedex
The court remanded the case to the BIA to reconsider whether “extraordinary and unique circumstances” – namely a six day delay by Federal Express – excused the untimely filing of Petitioner’s appeal. (Salazar v. Mukasey, 1/31/08)
Human Rights First Memo on Amendments to “Terrorism Bars” and Related Waivers Under the INA
Human Rights First prepared this memo addressing amendments to the INA regarding terrorism inadmissibility grounds and DHS’s discretion to issue waivers. Thank you to Human Rights First for providing this memo.
CA1 Finds No Due Process Violation; Upholds Negative Credibility Finding
The court held that the BIA did not err in remanding Petitioner’s case to the same IJ where there was no allegation of misconduct, and found nothing improper about the IJ’s conduct at the second hearing. (Yosd v. Mukasey, 1/29/08)