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
CA1 Upholds Dismissal of Claims Arising From New Bedford, MA Raid
The court held that INA §242(b)(9) barred jurisdiction over Petitioners’ right to counsel and procedural due process claims, finding the claims “arose from” removal because they are part of the fabric of removal proceedings. (Aguilar v. ICE, 11/27/07)
CA9 Finds Asylum Applicant May Authenticate Documents by Own Testimony
The court held that an asylum applicant may seek to authenticate public documents by any established means – including through an applicant’s own testimony if consistent with the Federal Rules of Evidence. (Vatyan v. Mukasey, 11/27/07).
CA9 Finds AZ Solicitation to Possess 4 Pounds of Marijuana for Sale is a CIMT
The court held that a conviction for solicitation to possess at least four pounds of marijuana for sale, in violation of Ariz. Rev. Stat. §13-1002(A) and (B)(2), and §13-3405(A)(2) and (B)(6) is a crime involving moral turpitude. (Barragan-Lopez v. Mukasey, 11/21/07)
CA2 Says Affluent Guatemalans Are Not a Particular Social Group
The court held that the BIA’s rulings that social groups require a certain degree of “social visibility” and that the definition of social group must have particular and well-defined boundaries were “sufficient and affirmable.” (Ucelo-Gomez v. Mukasey, 11/21/07)
CA2 Remands on Issue of “Pattern or Practice” of Persecution of Christians
The court remanded where the BIA considered only whether Petitioner had been singled out for persecution and did not consider his claim that there was a pattern or practice of persecution of Christians in Indonesia. (Mufied v. Mukasey, 11/20/07)
CA10 Upholds Validity of Reinstatement Regulation at 8 CFR §241.8(a)
The court upheld the reinstatement regulation at 8 CFR §241.8(a) as a valid interpretation of the INA. It also held that it lacked jurisdiction to review constitutional claims or questions of law relating to a reinstated expedited removal order. (Lorenzo v. Mukasey, 11/20/07)
CA9 Finds BIA Abused Discretion in Denying MTR Based on Ineffective Counsel
CA9 held that Petitioner had been deprived of meaningful review due to the ineffective assistance of counsel and was entitled to a presumption of prejudice. It found that she failed to establish past persecution in Armenia, but remanded re future persecution. (Grigoryan v. Keisler, 11/19/07)
CA2 Says BIA Abused Discretion in Denying MTR in Chinese Family Planning Case
The court found that the documents submitted in support of the motion to reopen were strikingly similar to the documents in Shou Yung Guo, and that the BIA did not indicate that it “paid any attention to the documents at all.” (Gao v. Mukasey, 11/19/07)
CA6 Finds No Abuse of Discretion in Denial of Continuance Pending I-130 Motion to Reopen
The court held that the BIA did not abuse its discretion in upholding the denial of a continuance pending adjudication of Petitioner’s I-130 motion to reopen, where Petitioner had failed in 7 months to submit any evidence in support of the continuance request. (Ilic-Lee v. Mukasey, 11/19/07)
CA8 Upholds Adverse Credibility; Finds Changed Conditions in Sierra Leone
The court upheld the IJ’s adverse credibility finding noting an ID card that appeared altered to match information on a false birth certificate. The court upheld the BIA’s holding that changed conditions precluded a clear probability of persecution finding. (Diallo v. Mukasey, 11/19/07)
AILF and AILA Amicus Brief Filed in the Supreme Court in Dada v. Gonzales
The LAC filed an amicus brief in the Supreme Court in the case Dada v. Gonzales, arguing that the filing of a motion to reopen tolls the running of the voluntary departure.
CBP Muster on Delegation of Authority for Enforcement Actions
An 11/19/07 CBP muster informing CBP officers that forms concerning removable aliens are delegated to second-line supervisory officers. If an alien intends to depart, CBP should consider voluntary return. Muster obtained through FOIA 2011F03343 filed by AILA.
DHS Guidelines for Identifying Humanitarian Concerns in Worksite Enforcement Operations
This document sets forth guidelines for identifying humanitarian concerns among foreign nationals arrested during worksite enforcement operations.
EOIR Announces Expansion of Pro Bono Programs
On 11/15/07 EOIR announced plans to expand and improve pro bono programs. The New Release lists recommendations that EOIR intends to implement.
CA9 Finds INA §242(g) Bars Jurisdiction Over Bivens Action for False Arrest
The court held that INA §242(g) barred district court jurisdiction over Plaintiffs’ Bivens claim for false arrest because it arose “from the decision ...to commence [removal] proceedings,” and an alternative habeas remedy was available under INA §242(e)(2). (Sissoko v. Rocha, 11/14/07)
Nursing Mothers and Asylum Seekers — Both Groups Need Alternatives To Detention!
ICE Assistant Secretary highlighted the importance of ICE agents exercising discretion when making arrests of undocumented immigrants who are nursing mothers after a nursing mother was separated from her 6-month-old baby and two young children, and imprisoned for more than 2 weeks.
ICE Provides Phone Number for Family Members of San Pedro Detainees
Following the closure of the San Pedro Detention Center, and the relocation of detainees, ICE has provided a phone number on its website to be used by detainee family members and attorneys.
ICE Issues Directive on Parole in Presence of Credible Fear
Directive from ICE Assistant Secretary Julie Myers regarding parole of arriving aliens found to have credible fear.
AILA Pro Bono Newsletter, Spring 2007
Check out the new look of AILA’s revamped Pro Bono Newsletter, your source for immigration pro bono news. In this issue, read about how AILA’s inaugural Citizenship Day assisted over 1,700 individuals on their path to citizenship!
San Pedro Immigration Court Suspends Hearings
The San Pedro Immigration Court in California area has suspended hearings due to the closure of the DHS San Pedro Detention facility. Beginning on Tuesday, November 13, 2007, all court operations will be moved to the Los Angeles (LOS) Immigration Court.
Secretary Chertoff’s Remarks on the “State of Immigration”
These remarks by DHS Secretary Chertoff on the “State of Immigration” are the first in a series of promised periodic reports on immigration enforcement and the agency’s efforts to address national workforce needs.
CA2 Rejects BIA Authority to Enter Removal Orders in the First Instance
The court vacated the BIA removal order which was entered following reversal of the IJ’s decision to terminate, finding that the BIA does not have the authority to issue removal orders in the first instance. (Rhodes-Bradford v. Keisler, 11/7/07)
CA5 Dismisses Petition for Review Under the Fugitive Disentitlement Doctrine
The court invoked the fugitive disentitlement doctrine to dismiss the petition for review of the BIA’s decision where the Petitioners failed to report to ICE for removal and have remained at large. (Giri v. Keisler, 11/7/07)
Detention Standards Violations Complaint Process (Updated 12/12/07)
The DHS Enforcement and Civil Rights/Liberties Committees and ABA have prepared an updated practice advisory for advocates to use when filing detention standard violation complaints with DHS.
Prosecutorial and Custody Discretion for Nursing Mothers
Memo from ICE Assistant Secretary Julie Myers regarding exercise of prosecutorial discretion for arrest and custody determinations for nursing mothers.