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
Rep. Shuler Introduces the “SAVE Act” (H.R. 4088)
On 11/06/07, Representative Heath Shuler (D-NC) introduced an enforcement bill entitled the “Secure America Through Verification and Enforcement Act of 2007’’ (H.R. 4088).
CA5 Finds TX Conviction of Injury to a Child by Act is a Crime of Violence
CA5 found that a conviction under Texas Penal Code §22.04(a)(3) is a crime of violence because “in the ordinary case,” when the charge is causing bodily injury to a child by intentional act, the perpetrator uses or risks use of physical force. (Perez-Munoz v. Keisler, 11/6/07)
AILA Liaison/NBC Q & As (11/2/07)
On 11/02/07 NBC answered questions on the following issues: Address change questions, scheduling of employment-based adjustment applications for interviews, Form I-765 infopass scheduling, procedures for individuals in removal proceedings filing I-485 and I-765, K-3 transfers to CSC and VSC.
CA9 Finds AZ Attempted Public Sexual Indecency to a Minor Not an Aggravated Felony
CA9 held that attempted public sexual indecency to a minor under AZ law does not constitute attempt to commit the sexual abuse of a minor under INA §101(a)(43)(A) and (U) under the categorical approach or in this case the modified categorical approach. (Rebilas v. Keisler, 11/2/07)
Update to the Board of Immigration Appeals Practice Manual
On November 1, 2007, The Board of Immigration Appeals updated its Practice Manual by adding a section regarding filing delays as a result of natural and manmade disasters. The new section allows parties to file a motion asking the Board to accept the untimely filing.
Immigration Law Today-Nov/Dec 2007
The Nov/Dec 2007 issue of Immigration Law Today focuses on family-based petitions, including family and citizenship, VAWA petitions, and immigration consequences of separation and divorce.
Immigration Law Advisor, October 2007 (Vol. 1, No. 10)
Immigration Law Advisor, an EOIR legal publication, with an article on emerging trends of asylum claims based on female genital mutilation, federal court activity for September 2007, an article on continuances, update on recent BIA precedent decisions, and a regulatory update.
BIA Finds Respondent with Final Order is Barred from Filing Untimely MTR
The BIA held that an alien who is subject to a final order of removal is barred from filing an untimely motion to reopen removal proceedings to submit a successive asylum application. Matter of C-W-L-, 24 I&N Dec. 346 (BIA 2007)
BIA Dismisses Charges Against "LA 8"
The BIA ends a 20-year saga by dismissing removal proceedings against a group of Palestinian student activists initially arrested in January 1987. (Matter of Hamide, 10/29/07)
CA1 Finds No Past Harm or Well-Founded Fear, but Faults IJ on Credibility
Though expressing concern over the IJ’s muddled credibility finding, the court found that because Petitioner recounted only one instance of physical abuse, the record did not compel a conclusion of past persecution or a well-founded fear. (Ouk v. Keisler, 10/29/07)
CA1 Finds Rhode Island Assault Is a Crime of Violence
The court held that a conviction for assault under Rhode Island Gen. Laws §11-5-3 is a crime of violence within the meaning of 18 USC §16(a) and is therefore, an aggravated felony for purposes of removal under INA §237(a)(2)(A)(iii). (Lopes v. Keisler, 10/26/07)
CA5 Finds Misuse of a Social Security Number a Crime Involving Moral Turpitude
The court held that Petitioner’s conviction of misuse of a social security number obtained by fraud in violation of 42 USC §408(a)(7)(A) is a crime involving moral turpitude, rendering him ineligible for cancellation of removal under INA §240A(b). (Hyder v. Keisler, 10/25/07)
BIA Discusses “Particularly Serious Crimes”
The BIA held that to be considered a particularly serious crime under the INA, an offense need not be an aggravated felony. Matter of N-A-M-, 24 I&N Dec. 336 (BIA 2007)
CA7 Finds IJ Gave Full Opportunity to Seek Asylum; Rejects Equal Pro. Claim
The court held that Petitioner was given the opportunity to apply for asylum. It also held it lacked jurisdiction to review whether NSEERS violated equal protection. (Hussain v. Keisler, 10/24/07)
CA11 Finds Motion to Reconsider a MTR Denial Not Subject to Numerical Bar
The court found that the plain language of §1003.2(b)(2) does not prohibit the filing of a second motion to reconsider if it is for a different BIA decision. It also held that the facts in this case did not merit a remand to the agency. (Calle v. U.S. Att’y Gen., 10/23/07)
CA3 on Presumption of Receipt for Hearing Notices Sent by Regular Mail
The court held that for purposes of rescinding an in absentia order, a strong presumption of receipt of the hearing notice applies when the notice is sent by certified mail and a weaker presumption applies when it is sent by regular mail. (Gonzalez v. Att’y Gen. of the U.S., 10/22/07)
CA5 Holds IJ Has Jurisdiction Over Portability Determinations Under INA §204(j)
The court held that immigration judges have jurisdiction to determine whether an approved employment-based visa qualifies for portability under INA §204(j). (Sung v. Keisler, 10/22/07)
CA6 Upholds Discretionary Denial of Asylum Due to 3 DUI Convictions
The court held that the IJ may consider an asylum applicant’s convictions for an offense like DUI, regardless of whether it is a crime of moral turpitude or a particularly serious crime. (Kouljinski v. Keisler, 10/16/07)
CA1 Rejects “Disfavored Group” Doctrine in Indonesian Asylum Case
The court rejected the “disfavored group” doctrine, noting that the regulations do not require the agency to automatically credit group discrimination to an individual, and that Congress had not delegated authority to the courts to do so. (Kho v. Keisler, 10/16/07)
CA9 Finds Bangladeshi Bihari Eligible for Asylum and Disfavored Group Member
The court held that the cumulative effect of the harms that Petitioner suffered as a Bihari was so severe that no reasonable fact-finder could conclude that it did not rise to the level of persecution. (Ahmed v. Keisler, 10/16/07)
ICE / DRO Memo on Strip Search Policy for DHS Detainees
A 10/15/07 memo from ICE DRO Director, John P. Torres, revising the National Detention Standards regarding detainee strip searches.
GAO Recommends Guidance for ICE Exercise of Discretion
This GAO report recommends that ICE update exercise of discretion guidance to include factors officers should consider when making apprehension and removal decisions and ensure that officers are provided timely information on legal developments affecting discretionary decisions.
BIA Finds No Conflict Between Law and Regulation Relating to Extreme Hardship Waiver
The BIA held that there is no conflict between the INA and the regulation where both provide the same start date in determining a conditional permanent resident’s application for an extreme hardship waiver and only the statute provides an end date. Matter of Singh, 24 I&N Dec. 331 (BIA 2007)
CA1 Rejects Salvadoran Gang-Based Asylum Claim
The court upheld the denial of asylum, finding that the IJ and BIA’s conclusion that the Salvadoran government was willing and able to confront Petitioner’s potential persecutor was supported by substantial evidence. (Ortiz-Araniba v. Keisler, 10/11/07)
CA2 Upholds IJ’s Refusal to Grant Continuance Pending Adjudication of Labor Certification
The court held that the immigration judge did not abuse his discretion in declining to grant multiple continuances in order to permit adjudication of Petitioner’s pending application for labor certification. (Elbahja v. Keisler, 10/10/07)