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
CA6 Upholds Findings of No Nexus and Changed Conditions in Guatemala
The court declined to resolve the issue of whether an imputed political opinion may be the basis for an asylum claim, finding that Petitioner failed to establish that his persecutors had acted on account of his opinion, imputed or otherwise.(Pascual v. Mukasey, 12/19/07)
BIA finds Certain Exceptions do not Apply Where Enhancement Factors Increased the Maximum Penalty of Offense
The BIA held that the exception under section 212(h) for an alien convicted of a single offense of drug possession does not apply where enhancement factors increased maximum penalty and had been proven beyond a reasonable doubt to a jury. Matter of Martinez-Zapata, 24 I&N Dec. 424 (BIA 2007)
CA3 Overturns Negative Credibility Finding in Burmese Asylum Case
The court held that the IJ failed to elaborate on her reasons for finding that Petitioner’s political activities in Japan and in Burma were not enough to meet the well-founded fear standard. (Thu v. Att’y Gen. of U.S., 12/18/07)
CA9 Discusses Jurisdiction Over Nationality Claims in the Context of REAL ID
The district court lacked jurisdiction over Petitioner’s habeas challenge to his final removal order, which was filed after the REAL ID Act’s effective date, because there is still opportunity for judicial review of his nationality claim through a MTR. (Iasu v. Smith, 12/18/07)
ICE DRO Field Office Contact Information
This lists the contact information for ICE detention and removal field offices.
CA9 Rejects MTR Asylum Claim Based on Changed Conditions in Iran
The court held that because the IJ had found Petitioner’s conversion was not genuine and that apostasy would not be imputed to him, the BIA did not abuse its discretion. (Toufighi v. Mukasey, 12/13/07)
BIA Finds Simple Possession of Marijuana Not “Aggravated Felony” in Specific Situation
The BIA held that the drug offense was not an aggravated felony based on recidivist possession despite offense committed after prior conviction for drug offense finalized. Matter of Thomas, 24 I&N 416 (BIA 2007)
BIA Rules State Conviction Based on Recidivism Not Automatically an Aggravated Felony
The BIA held that absent controlling authority on “recidivist possession”, alien’s state conviction for simple possession of controlled substance won’t be considered aggravated felony. Matter of Jose Anget Carachuri-Rosendo, 24 I&N Dec. 382 (BIA 2007)
ICE Liaison Minutes (12/12/2007)
The liaison minutes record discussions with ICE regarding such topics as: 287(g) agreements, worksite enforcement, bond, transfer of detainees, E-Verify, I-9 issues, voluntary departure, prosecutorial discretion, and other issues.
ICE Extends Comment Period on Immigration Bond Form I-352
ICE extended the comment period for Immigration Bond Form I-352. Comments are due in 60 days. (72 FR 70337, 12/11/07)
CA5 Holds NY Penal Law §165.50 is an Aggravated Felony Theft Offense
The court held that third-degree criminal possession of stolen property in violation of NY Penal Law §165.50 is an aggravated felony “theft offense” within the meaning of INA §101(a)(43)(G). (Burke v. Mukasey, 12/10/07)
CA5 Dismisses Habeas Petition Filed During Pendency of BIA Appeal
Because jurisdiction under INA §242 is limited to “final orders of removal,” the court lacked jurisdiction over Petitioner’s habeas petition which was filed while his BIA appeal was pending. (Moreira v. Mukasey, 12/10/07)
CA8 Rejects Breach of Confidentiality Claim; Finds No Asylum Disclosure
The court held that the breach of confidentiality claim failed because there was no evidence the INS disclosed any information in the asylum application to Uzbek officials when examining their birth records. (Averianova v. Mukasey, 12/10/07)
CA2 Says Abortion Not “Forced” if Officials Unaware of Pregnancy
The court upheld the BIA’s finding that an abortion is not “forced” unless the harm for the refusal to abort would amount to persecution and that because the government was not aware of the pregnancy, there was no threatened harm. (Xia v. Mukasey, 12/7/07)
CA9 Upholds Adverse Credibility Finding and BIA’s Voluntary Departure Cut
The court held that substantial evidence supported the IJ’s credibility determination due to inconsistencies. The court also upheld the BIA’s reduction in voluntary departure from 90 to 30 days finding that 90 days was statutorily impermissible. (Rivera v. Mukasey, 12/7/07)
CA9 Finds IJ Denied Petitioner His Statutory Right to Counsel
The court held that when Petitioner’s attorney failed to appear in court, the IJ did not take reasonable steps to ensure that his statutory right to counsel was honored, and the IJ’s refusal to allow a continuance prejudiced Petitioner. (Mendoza-Mazariegos v. Mukasey, 12/6/07)
Stakeholder/USCIS Q & As (12/4/07)
The Q & As address I-192s and fee waivers, NTAs, adjustment from U and T status, EADs for Liberians with TPS, use of previously captured biometric data, religious workers, receipting delays for N-400s, material support, translator SIV visas, asylee adjustments and other matters.
CA2 Finds Asylum Applicant’s Testimony Inherently Implausible
The court held that a finding of implausibility must be based on more than bald speculation and that the IJ permissibly relied on testimony and record facts to infer that Petitioner’s story was implausible. (Yan v. Mukasey, 12/4/07)
CA8 Joins Other Circuits Holding Successive Asylum Application Requires MTR
The court, like its sister circuits, upheld that the BIA conclusion that an asylum applicant under a final order of removal must successfully reopen his case in order to pursue an untimely or successive asylum application under INA §208(a)(2)(D). (Zheng v. Mukasey, 12/4/07)
Atlanta Immigration Court to Relocate
On 12/4/07 EOIR announced that the Atlanta Immigration Court is moving to a new location. The court will be closed for several days prior to reopening at the new site.
CBP Muster on Escort Procedures
A 12/3/07 CBP muster reminding CBP officers of specific procedures for escorting detainees at POEs in a safe, secure, humane, and professional manner. Muster obtained through FOIA 2011F03343 filed by AILA.
CBP Muster on Use of Attended Area and Suicide Watch Procedures
A 12/3/07 CBP muster reminding CBP officers on the use of attended areas for short term detention at a POE and suicide watch procedures. The muster offers specifics on how to handle these situations. Muster obtained through FOIA 2011F03343 filed by AILA.
CBP Muster on Control of Personal Property
A 12/3/07 CBP muster reminding CBP officers of the procedure for the control of property at POEs. The muster offers specifics on how CBP should appropriately handle personal effects. Muster obtained through FOIA 2011F03343 filed by AILA.
CBP Muster on Access to Meals, Drinking Water, and Restrooms
A 12/3/07 CBP muster reminding officers of the responsibility by CBP to ensure that aliens have an access to meals, drinking water, and restrooms. The muster offers specifics on providing these services. Muster obtained through FOIA 2011F03343 filed by AILA.
CBP Muster on Detention Logs
A 12/3/07 CBP muster reminding CBP officers of the use of detention logs at Ports of Entry. The muster lists who and what information will be listed in the log, maintenance of the log, and proper treatment of detainees. Muster obtained through FOIA 2011F03343 filed by AILA.