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
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)
CA9 Holds CA Theft of a Vehicle is Not Categorically an Aggravated Felony
The court held that a conviction under Cal. Vehicle Code §10851(a) for theft of a vehicle is not categorically an aggravated felony under INA §101(a)(43)(G) because it applies not only to principles and accomplices, but also to accessories after the fact. (United States v. Vidal, 10/10/07)
BIA on Timeliness of MTR and Discrepancies in Stokes Interview
In an unpublished opinion, the BIA held that the thirty-day deadline for motions to reopen USCIS decisions begins on the postmark date and that discrepancies in a Stokes interview are not fatal where there are good solid reasons rebutting the discrepancies. Courtesy of Alan Lee.
CA9 Finds CA Statutory Rape Statute Does Not Categorically Involve Moral Turpitude
The court held that Cal. Penal Code §261.5(d), which prohibits engaging in intercourse with a minor under the age of 16 where the perpetrator is 21 years of age or older, is not categorically a crime involving moral turpitude. (Quintero-Salazar v. Keisler, 10/9/07)
CA3 Finds Jurisdiction Over Legal and Constitutional Challenges to Reinstatement Orders
The court held that INA §242(a)(2)(D) permits jurisdiction to review constitutional claims and questions of law as they apply to final orders that have been reinstated under INA §241(a)(5). (Debeato v. Att’y Gen. of the U.S., 10/9/07)
CA7 Rejects Pakistani Asylum Claim Based on 1-Year Deadline & Lack of Nexus
The court upheld the IJ findinsg that Petitioner failed to show extraordinary circumstances to excuse his delay in filing for asylum and that that his fear of persecution was on account of a protected ground. (Tariq v. Keisler, 10/9/07)
Respect Rights and the Rule of Law, Stop Indiscriminate Raids!
AILA calls on the government to respect the rule of law and individuals' rights in its immigration "enforcement" actions.
ICE Arrests More Than 1,300 in L.A. Area Sweep
On October 3, 2007, ICE announced that more than 1,300 foreign nationals were arrested during a two-week operation in the Los Angeles area. Press statement also highlights the Fugitive Operation Support Center.