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
Immigration Law Advisor, September 2007 (Vol. 1, No. 9)
Immigration Law Advisor with an article on issues arising in coercive population control asylum claims, federal court activity for August 2007, an article on recent developments on the issue of notice and delivery, update on recent BIA precedent decisions, and a regulatory update.
Fact Sheet on Findings Concerning Forms I-867 and I-870
U.S. Commission on International Religious Freedom fact sheet on findings concerning Forms I-867 and I-870 from a congressionally-mandated study on asylum seekers in expedited removal.
ICE Detainee Handbook
This handbook provides resources for detainees including information on detainee rights and responsibilities, medical care, attorney visits, know your rights presentations and other topics.
USCIS Memo DRO/OI Protocols and Handling Unaccompanied Alien Children
On 8/20/07, the Office of Investigations (OI) and Office of Detention and Removal Operations (DRO) jointly issued protocols providing national guidance regarding various issues. Please read the full memorandum for all information.
DHS Memo on INA §236 Release Versus INA §212(d)(5) Parole
This 09/28/07 memo from Gus P. Coldebella of the DHS Office of General Counsel clarifies the relationship between INA §236 release and INA §212(d)(5) parole. Courtesy of AILA member Dan Kowalski via FOIA request.
BIA Rules IJ May Look Outside Record of Conviction For Loss Determination
The BIA held that a single ground for removal may require proof of conviction tied to the statutory elements of a criminal offense, as well as proof of an additional fact or facts that are not tied to the statutory elements of any such offense. Matter of Babaisakov, 24 I&N Dec. 306 (BIA 2007)
BIA Finds FGM is “Fundamental Change in Circumstances”
The BIA held that female genital mutilation (FGM) is a harm that is inflicted only once, thus the procedure itself will normally constitute a “fundamental change in circumstances” such that asylee no longer has a well-founded fear of persecution. Matter of A-T-, 24 I&N Dec. 296 (BIA 2007)
Sign-On Letter on Revised Immigration Detention Standards
Sign-on letter from Sen. Kennedy (D-MA), Sen. Lieberman (I-CT), Rep. Lofgren (D-CA), and over 90 organizations and individuals, to Assistant Secretary of Homeland Security Julie Myers requesting an opportunity to review and discuss the new immigration detention standards with ICE officials.
CA4 Affords Chevron Deference to BIA’s Interpretation of “U.S. National”
Applying Chevron, CA4 upheld BIA’s conclusion that a noncitizen may only acquire U.S. nationality by birth or naturalization, notwithstanding U.S. v. Morin, which held that a person who owes “permanent allegiance” to the U.S. is a national. (Fernandez v. Keisler, 9/26/07)
CA3 Interprets “Actions Taken” Under IIRAIRA §321(c)
The court held that “actions taken” under IIRAIRA §321(c) refers to orders and decisions of the immigration judge or BIA, which apply the “aggravated felony” definition under INA §101(a)(43) to determine the availability of relief from removal. (Biskupski v. Att’y Gen. of the U.S., 9/25/07)
Supreme Court Grants Certiorari to Resolve Whether a Motion to Reopen Tolls Voluntary Departure
On September 25, 2007, the Supreme Court granted certiorari to resolve whether the filing of a motion to reopen removal proceedings automatically tolls the period within which a person must depart the U.S. under an order of voluntary departure. (Dada v. Keisler)
Supreme Court Grants Certiorari on Particularly Serious Crime/Aggravated Felony Issue
On 9/25/07, the Supreme Court granted cert to resolve whether an offense must be an aggravated felony to be classified as a “particularly serious crime” for purposes of the bar to withholding of removal. (Ali v. Achim)
AILA Liaison/USCIS HQ Q & As from 9/25/07 and Addenda
The Q & As address the adjustment applications filed under the July VB, N-400s, DORA, SIMS, bi-specialization and direct filing, the USCIS website, premium processing, CSPA, TPS, VAWA, religious workers, EB-5s, RFEs and NOIDS with short response times, and more.
TRAC Report on Asylum Decision Disparities
A report by the Transactional Records Access Clearinghouse (TRAC) shows large disparities in asylum decisions among the nation's immigration judges, based on information from hundreds of thousands of asylum applicants in removal proceedings that were obtained from the Immigration Court under FOIA.
ICE Fact Sheet on the Delegation of Immigration Law Enforcement Authority to State and Local Officers
ICE fact sheet on Section 287(g) of Immigration and Nationality Act, addressing the delegation of immigration law enforcement authority to state and local law enforcement agencies.
CA11 Remands CAT Claim of Haitian with AIDS who Fears Torture in Prison
The court found that the BIA erred in failing to consider Petitioner’s argument that he is entitled to CAT relief because he would be singled out for torture in Haitian prisons because of his AIDS-related mental illness. (Jean-Pierre v. U.S. Att’y Gen., 9/19/07)
CA3 Finds BIA’s Denial of MTR Asylum Claim “Irrational and Arbitrary”
The court held that the BIA acted arbitrarily in rejecting the MTR despite granting an earlier motion in an unpublished decision that was materially indistinguishable. (Shardar v. Att’y Gen. of U.S., 9/19/07)
CA9 En Banc Court Holds Accessory After the Fact is Not a Crime Involving Moral Turpitude
CA9 held that a CA conviction for accessory after the fact is not a crime involving moral turpitude because the conduct underlying the conviction does not necessarily involve baseness or depravity nor does the statute require a showing of such conduct. (Navarro-Lopez v. Gonzales, 09/19/07)
CA9 Refuses to Allow FFOA Treatment Where Pretrial Diversion Was Previously Granted
The court held that Petitioner could not be considered a “first time offender” when ,in a previous arrest for drug possession, he was granted “pretrial diversion” under a state rehabilitation scheme that did not require him to plead guilty. (Melendez v. Gonzales, 9/19/07)
CA2 Says IJ Erred in Relying on Restitution Order in Analysis of Crime
The court held that the IJ improperly relied on a restitution order in finding Petitioner’s fraud conviction was an aggravated felony but properly concluded that making false statements to acquire a firearm is a removable offense. (Dulal-Whiteway v. DHS, 9/19/07)
CA9 Discusses Aggravated Felony Fraud Provisions in the Context of Federal Tax Crimes
The court held that subscribing to a false statement on, and aiding in the preparation of, a tax return in violation of 26 USC §7206(1) and (2) are aggravated felonies, where the loss to the government exceeds $10,000. (Kawashima v. Gonzales, 9/18/07)
CA3 Finds Fabrication in Time-Barred Asylum Application Was Not “Material”
The court held that because the asylum application was time-barred, the falsehood had neither the natural tendency, nor the capability of influencing the decision of the IJ or the BIA. (Luciana v. U.S. Att’y Gen., 9/17/07)
CA1 on Due Process and the 1-Year Asylum Deadline
The court joined its sister circuits in holding that the bar to judicial review of a determination that an asylum application was not timely filed does not violate due process. (Hana v. Gonzales, 9/17/07)
CA1 Finds Fleuti Doctrine Irrelevant to Admission of Returning LPRs
The court held that the Fleuti doctrine, that permitted “innocent, brief and casual” departures for LPRs, was abrogated by IIRIRA which created the concept of “admission” and set forth new criteria for returning LPRs. (Perez de Vega v. Gonzales, 9/17/07)
CA7 Finds IJ/BIA Failed to Address Critical Evidence in W/H & CAT Claim
The court upheld the IJ’s finding that a Yemeni citizen did not suffer past persecution, but found that evidence on well-founded fear was overlooked, including testimony, DOS reports, and a letter from the Yemeni Human Rights Watch. (Binrashed v. Gonzales, 9/14/07)