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
CA4 Concludes ARequest for Stay of Removal is in Essence A Request for Injunctive Relief
Petition for rehearing en banc is denied. The court interprets 8 U.S.C. § 1252(f)(2), which provides the standard for granting injunctions against the operation of immigration laws, to encompass stays of removal. (Teshome-Gebreegziabher v. Mukasey, 10/30/08)
EOIR to Continue In-Person Hearings in Reno (Updated 10/31/08)
Contrary to the 10/28/08 announcement, on 10/30/08 EOIR announced that for the moment EOIR will continue the current practice of detailing immigration judges and staff to Reno to hear cases in person.
CA7 Relies on Airport/Credible Fear Interview to Uphold Adverse Credibility
The court found the credible fear interviews reliable because a translator was present. Although Petitioner claimed she did not mention the forced abortion due to shame, the court held that the explanation did not overcome the level of deference due. (Xiao v. Mukasey, 10/27/08)
EOIR Fact Sheet on Representation of Aliens in Immigration Proceedings (Updated 10/28/08)
Executive Office for Immigration Review Fact Sheet discusses who may provide legal services at immigration proceedings.
DHS Fact Sheet on Exemption Authority for Certain Terrorist-related Inadmissibility Grounds
DHS released a fact sheet on the implementation of exemption authority for certain terrorist-related inadmissibility grounds for cases with administratively final orders of removal.
CA7 Upholds Denial of Adjustment Due, in Part, to Asylum Fraud
CA7 held that it lacks jurisdiction to review a denial of a continuance, unless denial would result in nullifying the statutory opportunity to adjust status. The court upheld the denial of the continuance based on past conduct (lying to the asylum officer). (Malik v. Mukasey, 10/23/08)
CA9 Finds Petitioner Who Purchased Green Card Does Not Qualify for Equitable Estoppel
The court denies petition for review, finding the petitioner fails to qualify for estoppel as she paid a govt employee $10K for a fraudulent green card, and was not ignorant of the scheme. (Shin v. Mukasey, 10/23/08)
BIA Finds Applicant’s Qualifying Relative Must be Living
The BIA held that the purpose of a fraud waiver is to unite aliens with their living USC or LPR family members and concludes that because the waiver applicant’s mother is deceased, he lacks the qualifying relative. Matter of Federiso, 24 I&N Dec. 661, (BIA 2008)
AILA Liaison/EOIR Q&As (10/21/08)
On 10/21/08, EOIR provided answers to AILA’s EOIR Liaison Committee. The Q&As address limited appearances, EOIR-27s on a remanded case, NTAs missing a court date or assigned IJ, legal effect of ICE stipulations, IJ impartiality, Practice Manual issues, continuances in U, T, and VAWA cases and more.
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)
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.
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)
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)
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.
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)
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)
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.