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 Finds BIA Did Not Conduct Improper Factfinding in Asylum Case
The court held that the IJ resolved the issue of past persecution and that the BIA did not impugn the IJ’s factual finding, but simply explained why it was supportable. (Rotinsulu v. Mukasey, 2/8/08)
CA2 Says §212(a)(9)(C)(i)(II) Trumps §245(i) Adjustment
The court held that a person inadmissible under INA §212(a)(9)(C)(i)(II) is ineligible for §245(i) adjustment of status and inadmissibility under that subsection may not be waived by 8 CFR §212.2. (Delgado v. Mukasey, 2/7/08)
CA9 Finds Failure to Register as a Sex Offender in NV is Not a Crime Involving Moral Turpitude
CA9 held that failure to register as a sex offender under Nevada law is not a crime of moral turpitude. (Plasencia-Ayala v. Mukasey, 2/7/08)
CA2 Remands for Reconsideration of MTR Based on Velarde-Pacheco
The court found no 4th Amendment violation in the detention and interrogation of Petitioner at a mobile checkpoint but held that the BIA may not deny a motion to reopen under Velarde-Pacheco solely on the fact of DHS’s objection. (Melnitsenko v. Mukasey, 2/6/08)
CA9 Amends Grigoryan Decision; Instructs BIA to Grant MTR
The court amended its 11/19/07 decision regarding ineffective assistance of counsel in an asylum case by an Armenian-Turkish woman harmed in Azerbaijan, finding that the BIA erred in failing to presume prejudice and abused its discretion in denying the MTR. (Grigoryan v. Mukasey, 2/5/08)
BIA Gives Guidance to IJs on Creation and Preservation of Complete Record
The BIA held that IJs must insure a complete record is preserved, with attachments to oral decisions individualized and appended to the written memorandum summarizing the oral decision, which should reflect that there is an attachment. Matter of Kelly, 24 I&N Dec. 446 (BIA 2008)
CA2 Remands Frivolous Finding where Applicant Recanted before Final Decision
The court remanded where the applicant admitted filing a materially false asylum application, but withdrew it before the IJ made a final determination on the application. (Zheng v. Mukasey, 2/1/08)
Immigration Law Advisor, January 2008 (Vol. 2, No. 1)
Immigration Law Advisor, an EOIR legal publication, with an article on Brand X deference, federal court activity for December 2007, an article on “frivolousness” in asylum adjudications, update on recent BIA precedent decisions, a legislative commentary on CIR, and a regulatory update.
CA6 Remands for Reconsideration of Late Appeal Filed Via Fedex
The court remanded the case to the BIA to reconsider whether “extraordinary and unique circumstances” – namely a six day delay by Federal Express – excused the untimely filing of Petitioner’s appeal. (Salazar v. Mukasey, 1/31/08)
Attorney General Mukasey Announces $100 Million Funding Request for Border Enforcement
A 1/31/08 DOJ press release and fact sheet that announces a request for $100 million in FY2009 to fund the DOJ’s Southwest Border Enforcement Initiative.
BIA Discusses Meaning of “Child” in Context of Adoption of Siblings
The BIA held that a child who was adopted under 18, and whose natural sibling was subsequently adopted by the same parent/s while under the age of 16, may qualify as a “child”, even if the child’s adoption preceded that of younger siblings. Matter of Anifowoshe, 24 I&N Dec. 442 (BIA 2008)
Human Rights First Memo on Amendments to “Terrorism Bars” and Related Waivers Under the INA
Human Rights First prepared this memo addressing amendments to the INA regarding terrorism inadmissibility grounds and DHS’s discretion to issue waivers. Thank you to Human Rights First for providing this memo.
CA1 Finds No Due Process Violation; Upholds Negative Credibility Finding
The court held that the BIA did not err in remanding Petitioner’s case to the same IJ where there was no allegation of misconduct, and found nothing improper about the IJ’s conduct at the second hearing. (Yosd v. Mukasey, 1/29/08)
CA7 Disagrees with BIA on Multiple Simple Possession Convictions
The court disagreed with the BIA in Matter of Carachuri-Rosendo. Had Plaintiff been prosecuted under federal law, he would have been treated as a felon by 21 USC §844(a) and was therefore, convicted of an aggravated felony. (United States v. Pacheco-Diaz, 1/29/08)
AILF/AILA Comment on EOIR's Proposed Rule to Amend Voluntary Departure Regulations
AILF and AILA submitted comments to EOIR's proposed rule on voluntary departure. The proposed rule provides that the filing of a motion to reopen or reconsider of a petition for review automatically terminates the grant of voluntary departure.
CA2 on §245(i) and Chinese Student Protection Act
The court found reasonable the BIA’s holding that INA §245(i) does not provide an avenue for renewing or amending a Chinese Student Protection Act adjustment application that was previously denied because the applicant EWIed. (Lin v. BCIS, 1/28/08)
CA5 Says No “Dangerousness” Exception to Zadvydas’ Indefinite Detention Bar for Mentally Ill
CA5 held that INA §241(a)(6), as construed by Zadvydas, does not authorize potentially indefinite detention of a removable alien based on a determination by the government that the alien’s mental illness renders him a dangerous risk to the community. (Tran v. Mukasey, 1/28/08)
CA11 Finds BIA Abuse of Discretion for Failure to Follow Precedent in Denying In Absentia Motion
The BIA’s failure to follow its own precedent or offer a reasoned explanation for failing to do so when ruling on Petitioner’s motion to reopen was an abuse of discretion. (Cisneros v. U.S. Att’y Gen., 1/28/08)
CA7 Reaffirms Valere and the §212(c) “Comparable Grounds” Test
CA7 reaffirmed its holding in Valere v. Gonzales that removability for an aggravated felony involving sexual abuse of a minor is not waiveable under former INA §212(c) because there is no comparable ground of inadmissibility under INA §212(a). (Zamora-Mallari v. Mukasey, 1/24/08)
CA9 Finds Ineffective Assistance of Counsel Without Strict Adherence to Lozada
CA9 held that where an attorney was suspended after failing to respond to prior charges, failure to inform counsel of the accusations or file a complaint as required by Lozada would be futile and does not bar an ineffective assistance of counsel claim. (Apolinar v. Mukasey, 1/24/08)
CA2 Upholds IJ’s Negative Credibility Finding Based on False Document
The court found that the IJ’s determination that Petitioner’s Pakistani Peoples Party card was invalid was a proper basis for discrediting his testimony. (Zaman v. Mukasey, 1/23/08)
CA9 Holds Forgery Under Cal. Penal Code §475(c) is Not Categorically an Aggravated Felony
The court held that Cal. Penal Code §475(c) encompasses conduct involving real, unaltered documents and is therefore not categorically an offense “relating to…forgery” under INA §101(a)(43)(R). (Vizcarra-Ayala v. Mukasey, 1/23/08)
Tacoma Immigration Court to Operate Independently from Seattle
On 1/22/08 EOIR announced that the Tacoma Immigration Court will begin operations as a court separate from the Seattle Immigration Court in late January. The change will affect detainees at the Northwest Detention Center.
CA9 Holds Fourth Degree Assault Under WA Law is not Categorically a Crime of Violence
The court held that a conviction for fourth degree assault in violation of Wash. Rev. Code §9A.36.041 is not categorically an aggravated felony “crime of violence” under INA §101(a)(43)(F). (Perez v. Mukasey, 1/22/08)
CA11 Rejects Togolese Asylum Claim Based on Brief Detention
The court sua sponte vacated its earlier decision, making no substantive changes. The court upheld the BIA’s finding that Petitioner failed to establish that his 36-hour detention amounted to past persecution. (Djonda v. U.S. Att’y Gen., 1/22/08)