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
Immigration Law Today-Mar/Apr 2008
The Mar/Apr 2008 issue of Immigration Law Today focuses on worksite enforcement, including strict I-9 compliance, taking cautious steps to avoid ICE raids, and employers' dilemma of choosing between SSA no-match letter and national-origin discrimination.
Immigration Law Advisor, February 2008 (Vol. 2, No. 2)
Immigration Law Advisor, an EOIR legal publication, with an update on the REAL ID Act implementation, federal court activity for January 2008, an update on recent BIA precedent decisions, and a regulatory update.
CA2 Remands for Individualized Showing of Reliance on §212(c) Availability
The court held that a Restrepo claim of reliance, if proven, would make AEDPA’s bar to §212(c) for aggravated felons impermissibly retroactive as applied, even though Petitioner's conviction was on appeal when AEDPA took effect. (Walcott v. Chertoff, 2/28/08)
EOIR Announces Release of Immigration Court Practice Manual
On February 28, 2008, EOIR announced the release of the Immigration Court Practice Manual.
EOIR’s Immigration Court Practice Manual Released
On 2/28/08, EOIR released the Immigration Court Practice Manual, providing uniform procedures, recommendations, and requirements for practice before the immigration courts. The Manual will go into effect 4/1/08, and local operating procedures for immigration courts will no longer be used.
CA9 Finds CA Conviction for Counterfeit of a Registered Mark is a Crime Involving Moral Turpitude
The court held that a conviction for counterfeit of a registered mark in violation of Cal. Penal Code §350(a)(2) is a crime involving moral turpitude. (Tall v. Mukasey, 2/27/08)
CA6 Finds No §245(i) Adjustment for Persons Inadmissible Under INA §212(a)(9)(C)(i)(I)
The court held that §245(i) does not provide for an exception for persons who are inadmissible for reentering without inspection following more than one year of unlawful presence under INA §212(a)(9)(C)(i)(I).(Ramirez-Canales v. Mukasey, 2/27/08)
BIA Finds Imposition of Costs and Surcharges Constitutes a “Conviction”
The BIA held that the imposition of costs and surcharges in the criminal sentencing context constitutes a form of “punishment” or “penalty” for purposes of establishing that an alien has suffered a “conviction”. Matter of Cabrera, 24 I&N Dec. 459 (BIA 2008)
CA10 Dismisses Petition for Review Under the Fugitive Disentitlement Doctrine
The court held that the fugitive disentitlement doctrine applies and dismissed the petition for review where Petitioner failed to report to DHS for a meeting to “discuss his intentions of departing the U.S.” under an order of removal. (Martin v. Mukasey, 2/26/08)
BIA Finds Conspiracy to Distribute Marijuana Qualifies as an Aggravated Felony
The BIA held that a State misdemeanor offense of conspiracy to distribute marijuana qualifies as an aggravated felony where elements correspond to the Federal felony offense of conspiracy to distribute an indeterminate quantity of marijuana. Matter of Lamin Aruna, 24 I&N Dec. 452 (BIA 2008)
CA1 Finds Jurisdiction to Review One-Year Deadline; Denies Asylum
The court found that the asylum application was timely when the deadline fell on a Sunday and the applicant mailed her application the next day. However, it also found that she had not shown past persecution or a well-founded fear. (Jorgji v. Mukasey, 2/24/08)
CA10 Upholds Adverse Credibility Finding Due to Omissions on Asylum Form
The court found that if the torture Petitioner described actually occurred, it would defy common sense for Petitioner, who was assisted by counsel, to omit any mention of it in his application and supplemental letters. (Ismaiel v. Mukasey, 2/22/08)
CA2 Finds BIA Applied Improper Presumption of Receipt to Notice Sent by Regular Mail
The court held that the burden of proof to overcome the “slight presumption” of receipt of NTAs sent by regular mail is significantly lower than the “substantial and probative” burden in the context of certified mail. (Silva-Carvalho Lopes v. Mukasey, 2/21/08)
CA4 Remands for Determination of Whether IUD Insertion is Persecution
CA4 noted that the BIA had not issued a precedent decision addressing the forced insertion and continued usage of an IUD as constituting persecution. The court faulted the BIA for its cursory conclusion, finding that the BIA had given it nothing to review. (Lin v. Mukasey, 2/20/08)
CA2 on Ineffective Assistance of Counsel Through Paralegal
The court held that the BIA’s logic that a lawyer’s bad advice concerning a hearing date can constitute “exceptional circumstances” for purposes of reopening an in absentia order, also applies to the communication of a paralegal. (Aris v. Mukasey, 2/20/08)
CA8 Rejects W/H for Lack of Credibility; Finds Ineligibility to Adjust
The court found it lacked jurisdiction to review the timeliness of Petitioner’s asylum claim,upheld denial of withholding based on lack of credibility, and held that he was ineligible to adjust based on his VWP entry. (Zine v. Mukasey, 2/19/08)
CA9 Finds Possession with Intent to Sell Marijuana is an Aggravated Felony
The court held that a state felony conviction for possession with intent to sell a controlled substance contains a trafficking element and is therefore an aggravated felony within the meaning of INA §101(a)(43)(B). (Rendon v. Mukasey, 2/15/08)
ICE Contract Juvenile Detention Facilities
This list provides contact information as well as statistics for juvenile detention facilities contracted by ICE.
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)
AILA Urges DHS to Ensure Due Process During Raids
The American Immigration Lawyers Association urges the Department of Homeland Security to ensure due process during raids, and that detainees and individuals encountered during raids are treated humanely.
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.