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
CA9 Finds Jurisdiction to Review Due Diligence Claim for Tolling of Motion to Reopen Deadline
The court found that the question of whether Petitioner acted with due diligence for purposes of equitable tolling of the motion to reopen deadline was a reviewable mixed question of law and undisputed fact. (Ghahremani v. Gonzales, 8/17/07)
CA5 Remands Case Involving False Claim to U.S. Citizenship to Gain Admission to University
CA5 remanded to the BIA for reconsideration, in light of Theodros v. Gonzales, of whether falsely claiming U.S. citizenship in order to gain admission to a private university’s part-time program is a bar to admissibility under INA §212(a)(6)(C)(ii). (Ismail v. Gonzales, 8/16/07)
BIA Discusses Element of “Approvable When Filed” Standard
The BIA held that to establish eligibility for 245(i) based on a marriage-based visa petition, one must prove that the marriage was bona fide at its inception in order to show that the visa petition was “meritorious in fact”. Matter of Jara Riero and Jara Espinol, 24 I&N Dec. 267 (BIA 2007)
CA9 Finds Cambodian Prison Guard Not Subject to Persecutor Bar to Asylum
The court found that a Cambodian prison guard, who unlocked doors to prisoners’ cells based on instructions from superiors and led them back to their cells after interrogations, was not subject to the persecutor bar to asylum and withholding. (Im v. Gonzales, 8/13/07)
CA9 Finds IJ Erred in Denying Asylum as a Matter of Discretion
The court found that Petitioner’s use of false documents in fleeing Iraq was not a proper reason for a discretionary denial of asylum. The court also found that Petitioner presented clear reasons for not applying for asylum in 3 other countries. (Gulla v. Gonzales, 8/13/07)
DHS Announces Series of Reforms on Border Security and Immigration
On 08/10/07, Department of Homeland Security Secretary Michael Chertoff and Commerce Secretary Carlos Gutierrez announced a series of reforms the Administration will pursue to address border security and immigration challenges.
CA2 Asks BIA for Position on Forced IUD Insertion
The court remanded for the BIA to articulate its position concerning whether, and under what conditions, forced insertion of an IUD constitutes persecution. (Zheng v. Gonzales, 8/10/07)
CA9 Finds IIRAIRA’s Repeal of Suspension of Deportation Impermissibly Retroactive
CA9 used an objective reliance test to hold that one who had been convicted of a potentially deportable offense would reasonably have relied on suspension when she applied for naturalization. Thus its repeal was impermissibly retroactive as to her. (Hernandez De Anderson v. Gonzales, 8/9/07)
CA9 Finds IJ Should Consider Asylum Claim from Small Child’s Perspective
The court found that the IJ erred in not looking at the events from the perspective of Petitioners who were children at the time of the past harm. (Hernandez-Ortiz v. Gonzales, 8/8/07)
CA11 Upholds Matter of S-L-L-; Rejects Unmarried Father’s Asylum Claim
The court concluded that the BIA’s decision in Matter of S-L-L-, to deny derivative protection to unmarried fathers of aborted children, is not unreasonable. (Yang v. Gonzales, 8/8/07)
EOIR Fact Sheet on Unaccompanied Children in Proceedings
An 8/8/07 EOIR Fact Sheet on unaccompanied children in removal proceedings addresses training and guidelines for immigration judges, juvenile dockets, legal representation and the EOIR Legal Orientation Program.
CA8 Rejects Asylum Claim of Blind Albino from Indonesia
The court found that substantial evidence supported the BIA’s finding that the harassment and economic deprivation suffered by Petitioner in Indonesia did not amount to past persecution. (Makatengkeng v. Gonzales, 8/3/07)
BIA Finds that MTRs Carry Heavy Burden to Show "Changed Circumstances"
The BIA held that respondent did not meet the heavy burden to show that her proffered evidence is material and reflects “changed circumstances arising in the country of nationality” regarding Chinese birth planning policies. Matter of S-Y-G-, 24 I&N Dec. 247 (BIA 2007)
Section-by-Section analysis of the Immigration Enforcement and Border Security Act of 2007
Section-by-section analysis of the Immigration Enforcement and Border Security Act of 2007 (S. 1984) as introduced by Sen. Kyl (R-AZ) on 8/2/07.
Text of the Immigration Enforcement and Border Security Act of 2007
Text of the Immigration Enforcement and Border Security Act of 2007 (S.1984) as introduced by Senator Jon Kyl (R-AZ) on 8/2/07. This bill aims to increase border security and immigration enforcement through a series of border control, interior enforcement and worksite enforcement provisions.
CA2 Finds No Jurisdiction to Review Discretionary Denial of Voluntary Departure
The court held that it lacked jurisdiction to review the IJ’s discretionary and factual determinations underlying the denial of Petitioner’s application for voluntary departure. (Carcamo v. DOJ, 8/2/07)
CA4 Finds Exclusive District Court Jurisdiction Over Natz Applications Under INA §336(b)
CA4 held that the timely filing for a district court hearing on a naturalization application under INA §336(b) vests the district court with exclusive jurisdiction and deprives USCIS of jurisdiction unless instructed to do so by the court. (Etape v. Chertoff, 8/2/07)
CA2 Finds It Lacks Jurisdiction to Review BIA’s Discretionary Denial of Cancellation of Removal
The court dismissed the petition for review, concluding that it lacked jurisdiction to review the BIA’s discretionary and factual determinations underlying the denial of the petitioner’s application for cancellation of removal under INA §240A(a). (Barco-Sandoval v. Gonzales, 8/1/07)
Immigration Law Advisor, July 2007 (Vol. 1, No. 7)
Immigration Law Advisor with an article on circuit court decisions in Chinese coercive population control cases, federal court activity for June 2007, an article on Colombian asylum cases, update on recent BIA precedent decisions, and a regulatory update.
CA2 Remands for Clarification of Asylum Frivolousness Guidelines
The court vacated the findings of frivolousness and remanded to allow the BIA to interpret and apply the relevant statutes and regulations governing frivolousness under the BIA's standards in Matter of Y-L-. (Yang v. Gonzales, 7/31/07)
CA1 Says Filing of Motion to Reopen Does Not Stay Voluntary Departure
The court held that the timely filing of a motion to reopen does not toll the voluntary departure period, and that the granting of a motion to reopen does not “retroactively nullify” the prior violation of a voluntary departure order. (Chedad v. Gonzales, 7/31/07)
CA7 Finds Economic Harm Did Not Amount to Persecution in One-Child Claim
The court found that the damage to Petitioner’s home was insufficient to show economic persecution. The court noted that Petitioner maintained employment, registered his son without paying a fine, and his two children attended public school. (Zhang v. Gonzales, 7/31/07)
CA7 Finds Detention and Beatings in Cameroon Amount to Persecution/Torture
CA7 held that Petitioner established that she suffered persecution on account of her political opinions, having suffered two severe beatings after voicing her opposition to the government. It held that the beatings constituted torture for CAT relief. (Tchemkou v. Gonzales, 7/31/07)
AILA Comment on EOIR's Notice on Codes of Conduct for Immigration Judges and BIA Members
AILA’s comment prepared by Holly Cooper, Maile Hirota, Linda Kenepaske, and Steve Morley in response to the EOIR Notice on Codes of Conduct for Immigration Judges and BIA members.
CA2 Expands on “Question of Law” Under INA §242(a)(2)(D)
The court held that a question of law under INA §242(a)(2)(D) includes claims that the IJ applied an erroneous legal standard in making a discretionary determination and that the IJ based his decision on a misstatement of record facts. (Khan v. Gonzales, 7/26/07)