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.
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Updates from EOIR
Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
BIA Holds Fear of FGM of Daughter Not Sufficient Basis for Asylum or Withholding
The BIA held that an alien may not establish eligibility for asylum or withholding of removal based solely on fear that his or her daughter will be harmed by being forced to undergo female genital mutilation upon returning to the alien’s home country. Matter of A-K, 24 I&N Dec. 275 (BIA 2007)
CA2 Overturns "Persecutor of Others" Finding
The court held that there must be some evidence that Petitioner engaged in conduct that assisted in the persecution of another and that the link between Petitioner's activities and the arrest of any individual was too attenuated. (Gao v. Gonzales, 9/4/07)
CA9 Holds Birth of Two USC Children Is Not a Basis for MTR for Asylum
CA9 held that Chinese asylum applicants could not establish changed circumstances sufficient to satisfy the exception to the time and numerical bars applicable to a motion to reopen based on the birth of children in the U.S. and the threat of forced sterilization. (He v. Gonzales, 9/4/07)
CA9 Finds Conditional Parolee under INA §236(a) Ineligible for Adjustment of Status
The court held that a person who is conditionally paroled under INA §236(a) is not “paroled into the United States” for purposes of adjustment of status under INA §245(a). (Ortega-Cervantes v. Gonzales, 9/4/07)
Immigration Law Advisor, August 2007 (Vol. 1, No. 8)
Immigration Law Advisor with an article on circuit courts’ handling of equitable tolling of motions deadlines, federal court activity for July 2007, an article on what constitutes “persecution” versus “persecutor”, update on recent BIA precedent decisions, and a regulatory update.
CA2 Remands, Says BIA Erred in Evaluating Family-Based Social Group Claim
The court concluded that the IJ and BIA erred both in their incomplete characterization of Petitioner’s proposed social group and in their failure to evaluate her claim according to the Acosta standard. (Vumi v. Gonzales, 8/31/07)
CA9 Discusses Drug Trafficking as Particularly Serious Crime Bar to Withholding
CA9 held that the AG did not exceed his authority by creating a strong presumption that drug trafficking offenses constitute particularly serious crimes in Matter of Y-L-, but found that the BIA erred in applying Y-L- to a plea made prior to the decision. (Miguel-Miguel v. Gonzales, 8/29/07)
ICE Press Release on the Koch Foods Raid
An ICE Press Release on the Koch Foods raid in Fairfield, Ohio, stating that more than 160 employees were arrested for immigration violations as of 4 pm on August 28, 2007.
CA9 Finds Petitioner Eligible for Cancellation Based on Inconclusive Record of Conviction
The court found that in submitting a record of conviction that is inconclusive as to the exact nature of his conviction, Petitioner met his burden of proving that he was not convicted of an aggravated felony for purposes of cancellation of removal. (Sandoval-Lua v. Gonzales, 8/28/07)
CA9 Says INA §101(a)(13) May Not be Applied Retroactively to LPRs With Pre-IIRAIRA Guilty Pleas
The court held that IIRAIRA's new definition of “admission” abrogated the Fleuti doctrine, as derived from the former definition of “entry.” However, the new INA §101(a)(13) may not be applied retroactively to LPRs who pled guilty pre-IIRAIRA. (Camins v. Gonzales, 8/28/07)
CA9 Reverses IJ’s Determination that Asylum Seeker Must Prove Identity
The court held that INA §208(d)(5)(A) imposes duties on the AG and DOS to check the identities of asylum applicants and that there is no new burden on an asylum-seeker under this provision. (Kalouma v. Gonzales, 8/28/07)
CA9 Upholds 8 CFR §212.7(d) and Allows its Retroactive Application in Denial of §212(h) Waiver
The court held that 8 CFR §212.7(d)'s heightened hardship standard for §212(h) cases involving a “violent or dangerous” crime, is a permissible exercise of AG authority and may be applied to convictions that occurred before the effective date of the regulation. (Mejia v. Gonzales, 8/24/07)
CA9 Finds Sworn Affidavit Not Required for Rescission of In Absentia Removal Order
The court held that Petitioner’s pro se letter, along with other circumstantial evidence, was sufficient to overcome the presumption of service and to demonstrate that she did not receive notice for purposes of rescinding her in absentia removal order. (Sembiring v. Gonzales, 8/24/07)
CA9 Finds District Court Jurisdiction Over Narrow Claim of Ineffective Assistance of Counsel
CA9 held that the district court has jurisdiction over a habeas petition claiming ineffective assistance of counsel that arises from an attorney’s failure to file a timely petition for review, because the claim does not require review of a final order. (Singh v. Gonzales, 8/24/07).
ICE Issues Guidance for Juveniles Encountered During Fugitive Operations
ICE issued a memorandum providing clarification to the Office of Detention and Removal Operations Fugitive Operations Teams who encounter USC or LPR juveniles during the executive of enforcement initiatives targeting fugitive undocumented individuals.
CA2 Remands for Interpretation of “Approvable When Filed” for §245(i) Purposes
The court retained jurisdiction to consider whether the IJ abused her discretion in denying Petitioner's request for a continuance, but remanded to the BIA to determine whether Petitioner was grandfathered for purposes of INA §245(i). (Butt v. Gonzales, 8/23/07)
CA7 Upholds BIA’s Denial of MTR Based on Changed Personal Circumstances
The court agreed with the BIA that INA §240(c)(7)(C)(ii) allows for motions to reopen beyond the 90-day time limit based only on changed country conditions, not a change in personal circumstances. (Chen v. Gonzales, 8/23/07)
CA7 Rejects BIA’s Finding that Applicant’s FGM Claim Was Not Well-Founded
The court held that Petitioner’s testimony was corroborated by an affidavit from her doctor and an affidavit from her and her father’s pastor in Nigeria verifying that her in-laws sought to have her undergo FGM.(Oyekunle v. Gonzales, 8/22/07)
ICE Announces ACCESS Program to Foster Local Law Enforcement Partnerships
On August 21, 2007, ICE announced ACCESS, a new program to foster partnerships with local law enforcement. Under this program, ICE is offering assistance with immigration law enforcement and in other areas.
CA5 Remands to BIA to Allow Government to Withdraw Charge of Removability
CA5 vacated its prior opinion and remanded to the BIA for the government to withdraw the charge of removability for a controlled substance conviction which was vacated for substantive reasons and thus is no longer a “conviction” under Pickering. (Gaona-Romero v. Gonzales, 8/21/07)
CA6 Finds No Jurisdiction to Review VWP Entrant’s Request for Adjustment of Status
The court held that a VWP entrant who remains beyond the authorized period then files for adjustment of status has waived the right to seek review of the denied adjustment application, as well as the right to contest removal through a renewed application. (Lacey v. Gonzales, 8/21/07)
USCIS Notice to Individuals Granted Immigration Benefits by an IJ or the BIA
A USCIS notice to individuals granted immigration benefits by an immigration judge or the Board of Immigration Appeals. Guidance is provided on obtaining documentation of status.
CA2 Rejects Humanitarian Asylum for Lack of Physical/Mental Harm
The court found no evidence of long-lasting physical or mental effects of the persecution Petitioner suffered, which included physical attacks, the rape of his wife in his presence, and burning his house to the ground. (Jalloh v. Gonzales, 8/17/07)
CA2 Says BIA Must Give Opportunity to Rebut Administrative Notice
The court held that the BIA erred when it failed to give Petitioner notice and the opportunity to rebut its intention to consider as administratively noticed the fact that the Mislosevic regime had been dismantled. (Burger v. Gonzales, 8/17/07)
CA8 Rejects One-Year Deadline Asylum Claim Based on UN Refugee Protocol
CA8 held that it lacked jurisdiction to review the reasons for filing outside the one-year deadline, but that it did have jurisdiction to address whether the one-year deadline conflicted with the UN Refugee Protocol. It found the argument without merit.(Purwantono v. Gonzales, 8/17/07)