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
EOIR Final Rule on Expansion of BIA and Temporary Board Members
EOIR issued a final rule amending regulations to add four Board member positions, expanding the Board to 15 members, and expanding the list of people eligible to serve as temporary Board members, effective immediately. (73 FR 33875, 6/16/08)
CA2 Remands Adverse Credibility Finding In Falun Gong Case
The court remanded the case in light of its recent decisions indicating that certain inquiries or findings are necessary before the agency can hold that vague or unauthenticated evidence is not credible. (Li v. Mukasey, 6/13/08)
BIA Finds Error in Credibility Standard, Remands Allowing for New Evidence in Asylum Claim
The BIA held that the IJ erred in applying the Real ID Act to a case where respondent filed asylum application based on membership in a social group defined by a disability, in this case, deaf and mute children, prior to the effective date of the Act. Courtesy of Geoffrey Hoffman.
CA2 Criticizes Matter of A-T-; Remands FGM Cases
The court held that the BIA erred in the application of the withholding regulations when it denied relief to three women who had experienced past FGM. The court declined to follow the reasoning and holding of A-T-. (Bah v. Mukasey, 6/11/08)
BIA Finds Lack of Due Process in Address Error Made in Mailing of NTA
In an unpublished decision, the BIA held that because the NTA was mailed to the wrong address, the appeal was reopened sua sponte. Due process was only satisfied if the method of notice was conducted in a way reasonably calculated to ensure that NTA reached the alien. Courtesy of Christopher Helt.
Text of “Secure and Safe Detention and Asylum Act”
On 6/11/08, a bipartisan group of Senators introduced legislation to ensure humane treatment for asylum seekers and other detained immigrants. The “Secure and Safe Detention and Asylum Act” (S. 3114), is sponsored by Senators Lieberman (ID-CT), Brownback (R-KS), Kennedy (D-MA), and Hagel (R-NE).
CA3 Finds “Persecution” Is Unambiguous When Applied to an Armed Camp Guard
The court concluded that Petitioner, who was an armed Nazi concentration camp guard, “personally advocated or assisted” in the persecution of others and that he was therefore ineligible for a visa under the Refugee Relief Act. (U.S. v. Geiser, 6/10/08)
CA3 Discusses the Effect of a Collateral Attack on the Finality of a Conviction
The court held that the pendency of a writ of error coram nobis collaterally attacking a conviction does not vitiate the finality of the conviction for immigration purposes unless and until the conviction is overturned. (Paredes v. Att’y Gen. of the U.S., 6/9/08)
CA3 Denies CAT Relief to Haitian for Failure to Show Specific Intent to Torture
The court concluded that CAT relief requires a showing of specific intent, that the torturer has the motive and purpose to cause pain or suffering, before it can find that an applicant will be tortured. (Pierre v. Att’y Gen. of U.S., 6/9/08)
CA2 Remands for Finding on Persecutor’s Awareness of U.S. Activities
The court remanded Petitioner's withholding claim for the IJ to consider whether authorities were aware or were likely to become aware of Petitioner’s political activities in the U.S. (Leng v. Mukasey, 6/6/08)
EOIR Extends Comment Period on Fee Waiver Request Form
EOIR extended the comment period, without change, for the Fee Waiver Request form. Comments are due 7/7/08. (73 FR 32361, 6/6/08)
CA5 Upholds Validity of Heightened Hardship Standard Under 8 CFR §212.7(d)
The court held that 8 CFR §212.7(d), which requires a showing of exceptional and extremely unusual hardship for §212(h) waivers involving “violent or dangerous crimes,” is a permissible construction of the statute and is not ultra vires. (Pimentel v. Mukasey, 6/4/08)
Proposed Settlement Agreement in ACLU Lawsuit to End Overcrowding at Detention Facility
DHS and the ACLU reached a proposed settlement agreement to ensure that the population at a San Diego detention facility will not again exceed capacity. (Kiniti v. Myers, 6/4/08)
Testimony before the House Subcommittee on Immigration About Detainee Medical Care
On 6/4/08 the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law of the House Committee on the Judiciary held a “Hearing on: Problems with Immigration Detainee Medical Care.”
CA9 Remands Frivolous Asylum Finding for BIA to Address Issues
The court remanded the case for the BIA to determine if the language of INA §208(d)(6) requires the IJ to make a final determination on the merits of the asylum application, or only requires the IJ to make a final determination that the application was frivolous. (Chen v. Mukasey, 6/3/08)
CA10 Discusses Violation of Student Visa Status Under INA §214(m)(2)
The court held that Petitioner did not “terminate or abandon” her course of study when her private secondary school ceased operations and she was forced to attend a public high school. Thus, the court found Petitioner admissible for purposes of adjustment of status. (Lee v. Mukasey, 6/3/08)
CBP Issues Memo on Hold Rooms and Short Term Custody
CBP issued a memo with guidance on its new hold rooms and short term custody policy, establishing a national policy for the short term custody of persons arrested or detained by Border Patrol Agents and detained in hold rooms at Border Patrol stations, checkpoints, and processing facilities.
CA9 Upholds Asylum Frivolousness Finding and Permanent Benefits Bar
In this decision, the court adopted the analytical framework for making frivolousness determinations in Matter of Y-L-. The court held that a remand was not necessary because all of the element of Y-L- were met. (Ahir v. Mukasey, 6/2/08)
Immigration Law Advisor, May 2008 (Vol. 2, No.5)
Immigration Law Advisor, an EOIR legal publication, with an article on continued detention review for specially dangerous individuals, federal court activity for April 2008, an article on sexual abuse and moral turpitude, AG/BIA precedent decisions, and a regulatory update.
ABA Journal Article on ICE Enforcement Tactics
A feature article in the June 2008 ABA Journal, “Illegal Aliens on ICE,” reviews challenges in the courts to ICE’s enforcement tactics.
CA3 Remands Colombian Social Group Asylum Claim
The court held that Petitioner established that she is a member of the social group of “women who have escaped involuntary servitude after being abducted and confined by the FARC” and showed a well-founded fear of persecution. (Gomez-Zuluaga v. Att’y Gen. of the U.S., 5/30/08)
CA2 Rejects Res Judicata Claim to Bar Second Removal Proceedings
The court held that res judicata did not bar new proceedings based on a robbery conviction when Petitioner's first proceedings were based on a firearms conviction because the second suit was based on a separate set of factual predicates. (Channer v. DHS, 5/30/08)
CA3 Finds Administrative Closure Does Not Re-Start Physical Presence for Suspension
The court held that the continuous physical presence clock did not begin anew upon administrative closure of Petitioner’s proceedings because such proceedings were temporarily removed from the IJ’s calendar, not terminated. (Arca-Pineda v. Att’y Gen of the U.S., 5/28/08)
CA3 Discusses “Concealing,” “Harboring,” and “Shielding” Under INA §274(a)(1)(A)(iii)
The court held that “concealing,” “harboring” and “shielding” under INA §274 encompass conduct tending to substantially facilitate an alien’s remaining in the U.S illegally. (U.S. v. Ozcelik, 5/27/08)
EOIR Issues Memo on the Board’s Standard/Scope of Review
Obtained via FOIA by Hoppock Law Firm, EOIR released a memo on the Board’s standard/scope of review. Special thanks to Matthew Hoppock.