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
CA2 Says Abortion Not “Forced” if Officials Unaware of Pregnancy
The court upheld the BIA’s finding that an abortion is not “forced” unless the harm for the refusal to abort would amount to persecution and that because the government was not aware of the pregnancy, there was no threatened harm. (Xia v. Mukasey, 12/7/07)
CA9 Upholds Adverse Credibility Finding and BIA’s Voluntary Departure Cut
The court held that substantial evidence supported the IJ’s credibility determination due to inconsistencies. The court also upheld the BIA’s reduction in voluntary departure from 90 to 30 days finding that 90 days was statutorily impermissible. (Rivera v. Mukasey, 12/7/07)
CA9 Finds IJ Denied Petitioner His Statutory Right to Counsel
The court held that when Petitioner’s attorney failed to appear in court, the IJ did not take reasonable steps to ensure that his statutory right to counsel was honored, and the IJ’s refusal to allow a continuance prejudiced Petitioner. (Mendoza-Mazariegos v. Mukasey, 12/6/07)
CA2 Finds Asylum Applicant’s Testimony Inherently Implausible
The court held that a finding of implausibility must be based on more than bald speculation and that the IJ permissibly relied on testimony and record facts to infer that Petitioner’s story was implausible. (Yan v. Mukasey, 12/4/07)
CA8 Joins Other Circuits Holding Successive Asylum Application Requires MTR
The court, like its sister circuits, upheld that the BIA conclusion that an asylum applicant under a final order of removal must successfully reopen his case in order to pursue an untimely or successive asylum application under INA §208(a)(2)(D). (Zheng v. Mukasey, 12/4/07)
Atlanta Immigration Court to Relocate
On 12/4/07 EOIR announced that the Atlanta Immigration Court is moving to a new location. The court will be closed for several days prior to reopening at the new site.
Stakeholder/USCIS Q & As (12/4/07)
The Q & As address I-192s and fee waivers, NTAs, adjustment from U and T status, EADs for Liberians with TPS, use of previously captured biometric data, religious workers, receipting delays for N-400s, material support, translator SIV visas, asylee adjustments and other matters.
CBP Muster on Escort Procedures
A 12/3/07 CBP muster reminding CBP officers of specific procedures for escorting detainees at POEs in a safe, secure, humane, and professional manner. Muster obtained through FOIA 2011F03343 filed by AILA.
CBP Muster on Use of Attended Area and Suicide Watch Procedures
A 12/3/07 CBP muster reminding CBP officers on the use of attended areas for short term detention at a POE and suicide watch procedures. The muster offers specifics on how to handle these situations. Muster obtained through FOIA 2011F03343 filed by AILA.
CBP Muster on Control of Personal Property
A 12/3/07 CBP muster reminding CBP officers of the procedure for the control of property at POEs. The muster offers specifics on how CBP should appropriately handle personal effects. Muster obtained through FOIA 2011F03343 filed by AILA.
CBP Muster on Access to Meals, Drinking Water, and Restrooms
A 12/3/07 CBP muster reminding officers of the responsibility by CBP to ensure that aliens have an access to meals, drinking water, and restrooms. The muster offers specifics on providing these services. Muster obtained through FOIA 2011F03343 filed by AILA.
CBP Muster on Detention Logs
A 12/3/07 CBP muster reminding CBP officers of the use of detention logs at Ports of Entry. The muster lists who and what information will be listed in the log, maintenance of the log, and proper treatment of detainees. Muster obtained through FOIA 2011F03343 filed by AILA.
Immigration Law Advisor, November 2007 (Vol. 1, No. 11)
Immigration Law Advisor, an EOIR legal publication, with an article on the circuit courts’ views of administrative notice, federal court activity for October 2007, an article on CIMT categorical approach and evolving moral standards, update on recent BIA precedent decisions, and a regulatory update.
HIV/AIDS Service for Immigrants in Detention
A Human Rights Watch report investigates the quality of HIV/AIDS medical care for immigrants detained in the U.S. Report includes recommendations to agencies and Congress.
CA2 Says No Jurisdiction to Review Timeliness of Asylum
The court reversed its previous decision and held that it lacked jurisdiction to review the IJ’s determination on the timeliness of Petitioner’s asylum application. (Liu v. INS, 11/30/07)
CA9 Vacates Preliminary Injunction in I-212, Perez-Gonzalez Class Action
CA9 ruled in favor of the gov't and vacated the preliminary injunction in a class action challenging DHS' willful refusal to follow Perez-Gonzalez v. Ashcroft. The court held that the rule in that case is no longer the law of the circuit. (Duran Gonzalez v. DHS, 11/30/07)
EOIR Proposes Rule to Amend Regulations on Voluntary Departure
EOIR proposed a rule to require that a motion to reopen or reconsider filed before the expiration of a voluntary departure period automatically terminate the VD grant. On 12/3/07 briefs are due in the Supreme Court case on the same issue, Dada v. Keisler. (72 FR 67674, 11/30/07)
CA9 Reverses District Court, Finds Plaintiff Eligible for Benefits Under ABC Settlement Agreement
The court held that Plaintiff’s asylum application, filed on 1/31/91, indicated his intent to receive benefits of the ABC agreement, notwithstanding the fact that the application did not explicitly reference the agreement. (Chaly-Garcia v. United States, 11/29/07)
CA6 Discusses “Admission” for Purposes of Removal Under INA §237(a)(2)(A)(i)
The court held that for purposes of INA §237(a)(2)(A)(i), there is only one “lawful admission,” based on physical, legal entry into the U.S., not the subsequent adjustment of status. (Zhang v. Mukasey, 11/29/07)
CA1 Finds Family Planning Persecution Claim Speculative
The court upheld the denial of asylum, finding the BIA justifiably relied on a DOS report indicating that fees levied on unwed mothers were merely for social compensation, and in some cases the fees had abolished or relaxed. (Wang v. Mukasey, 11/29/07)
BIA Rules Individuals Unlawfully Present Who Later Depart the Country Are Inadmissible
The BIA held that an individual who is unlawfully present for a period of one year, departs the country, and then seeks admission within ten years of the date of his departure, is inadmissible. Matter of Lemus-Losa, 24 I&N Dec. 373 (BIA 2007)
BIA Rules Recidivist Immigration Violators are Inadmissible
The BIA held that recidivist immigration violators are inadmissible and that adjustment of status under section 245(i) of the Act is not available to an individual who is inadmissible. Matter of Briones, 24 I&N Dec. 355 (BIA 2007)
CA2 Remands Asylum Claim of Colombian Kidnapped by FARC
The court remanded the case because of the BIA’s flawed reasoning that kidnapping could not amount to persecution. (Delgado v. Mukasey, 11/28/07)
ICE Posts Information for Families of El Salvadoran Detainees
ICE posted guidance on its website for attorneys and family members of El Salvadorans in custody.
CA2 Refuses to Waive Exhaustion Requirement Under INA §242(d)(1)
The court held that the exhaustion requirement under INA §242(d)(1) is jurisdictional and Petitioner’s failure to exhaust his administrative remedies cannot be excused on grounds of futility or manifest injustice. (Valenzuela Grullon v. Mukasey, 11/27/07)