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
Senate Passes FY2009 Budget Resolution; Considers Immigration-Related Amendments
On 3/14/08, the Senate adopted its FY2009 budget resolution after a 15-hour amendment marathon session. Among the amendments passed, tabled, and dropped were a number immigration-related amendments.
DHS OIG Releases Summary of Inquiry on Removal of Canadian Citizen to Syria
DHS’s Office of Inspector General released an unclassified summary of a report conducted at the request of the Representative John Conyers (D-MI) on the removal of a Canadian citizen to Syria.
CA7 Allows §212(h) Waiver for Possession of Drug Paraphernalia for Personal Use
The court held Petitioner, who was convicted of possessing one marijuana pipe, was convicted of an offense that “relates to a single offense of simple possession of 30 grams or less of marijuana” and is therefore, eligible for a waiver under INA §212(h). (Barraza v. Mukasey, 3/13/08)
EOIR Announces Postponement of Immigration Court Practice Manual Effective Date to July 1
A 3/13/08 news release confirms that EOIR has delayed implementation of the Immigration Court Practice Manual to 7/1/08.
CA5 Says Exhaustion May Require Sua Sponte Motion Where New Issue Arises Outside 90-Day Period
CA5 held that where the BIA has never been given the opportunity to consider an issue and the 90 days for motions to reopen has passed, the issue must first be presented to the BIA as a sua sponte motion before relief may be sought in federal court. (Toledo-Hernandez v. Mukasey, 3/12/08)
DOJ Releases Guidelines for Facilitating Pro Bono Legal Services
On 3/12/08 DOJ released OPPM “Guidelines for Facilitating Pro Bono Legal Services.” The guidance implements pro bono best practices, following recommendations from the EOIR Pro Bono Committee, immigration judges, court administrators, and stakeholder organizations.
Los Angeles U.S. Attorney’s Office Letter to National Immigration Law Center on Right to Counsel
A March 12, 2008, letter from the U.S. Attorney to the National Immigration Law Center discusses a noncitizen's right to counsel during detention interviews.
BIA Grants Asylum to Ethnic Chin from Burma in Material Support Bar Case
The BIA held that, for purposes of INA §212(a)(3)(B), the Consolidated Appropriations Act of 2008 provides that certain groups, including the Chin National Front (CNF), are not to be classified as “terrorist organizations.” Matter of S-K-, 24 I&N Dec. 475 (BIA 2008)
CA5 Allows §212(h) Waiver for Persons Who Adjust Post-Entry to LPR Status
The court held that persons who adjust post-entry to LPR status and later convicted of an aggravated felony, are not barred from seeking a waiver under INA §212(h). (Martinez v. Mukasey, 3/11/08)
CA8 En Banc Court Finds No Jurisdiction to Review Denial of Sua Sponte Motion to Reopen
The en banc court held that it lacked jurisdiction over a petition for review challenging the BIA’s refusal to exercise its sua sponte authority to reopen Petitioner’s case because that decision is committed to the agency’s discretion by law. (Tamenut v. Mukasey, 3/11/08)
CA9 Finds Jurisdiction to Review CAT Claim despite Aggravated Felony
The court held that the jurisdiction stripping provision of INA §242(a)(2)(C), which bars review of final orders of removal for criminal offenses, did not deprive the court of jurisdiction over denials of deferral of removal under CAT. (Lemus-Galvan v. Mukasey, 3/11/08)
BIA Discusses Circumstances When Denaturalization Is Appropriate
The BIA held that a denaturalized alien who committed crimes when an LPR and concealed them during the naturalization process is removable on the basis of the crimes, even though the alien was a naturalized citizen at the time of conviction. Matter of Gonzalez-Muro, 24 I&N Dec. 472 (BIA 2008)
BIA Finds Citizenship Available to Child of USC Parent Who Acquired Legal Custody After Naturalization
The BIA held that a child who satisfied the statutory conditions of former section 321(a) of the INA, before the age of 18 has acquired citizenship, regardless of whether the parent acquired legal custody before or after the naturalization. Matter of BAIRES-Larios, 24 I&N Dec. 467 (BIA 2008)
CA2 Remands Asylum Case Due to Confidentiality Breach and False Documents
The court held that the BIA erred in concluding that the government had not violated the confidentiality regulation when it disclosed Petitioner’s name to the Macedonian authorities. (Corovic v. Mukasey, 3/7/08)
CA9 Remands Asylum One-Year Deadline Issue of Age of Minors to BIA
The court noted that regulations do not define whether individuals under 21 years of age are “minors” under 8 CFR §1208.4(a)(5)(ii). The court stated that when the BIA has not considered an issue in the first instance, the proper course of action is to remand it. (Al-Mousa v. Mukasey, 3/5/08)
BIA Finds Respondents Subjected to FGM Eligible for Asylum
The BIA held that a Somali mother and daughter who were subjected to female genital mutilation were eligible for asylum based on humanitarian grounds regardless of whether they can establish a well-founded fear of future persecution. Matter of S-A-K- and H-A-H-, 24 I&N Dec. 464 (BIA 2008)
AILA Liaison/NBC Q & As (03/05/08)
On 03/05/08, NBC answered questions on the following issues: I-864 and documentation of sponsor’s self-employed income; lockbox issues; procedures for filing a motion to reopen or reconsider; filing of I-485/I-765 when the applicant is in proceedings, K-3s.
CA9 Discusses Class Membership Under the Barahona-Gomez Settlement
CA9 concluded that Petitioners were class members under Barahona-Gomez where they were set for a merits hearing between 2/13/97 and 4/1/97, their hearing was continued to after IIRIRA took effect, and relief was denied based on the stop-time rule. (Navarro v. Mukasey, 3/4/08)
CA2 on Definition of “Conviction” in Context of Juvenile Offense
The court rejected Petitioner’s argument had he been prosecuted under federal law, his juvenile conviction would not have counted for immigration purposes and held that his state conviction qualified as a “conviction” under the INA. (Savchuck v. Mukasey, 3/4/08)
CA7 Finds IL Conviction for Unlawful Possession of a Weapon by a Felon is an Aggravated Felony
The court upheld the BIA’s conclusion that Petitioner’s conviction for unlawful possession of a weapon by a felon in violation of 720 ILCS 5/24-1.1(a) is an offense “described in” 18 USC §922(g)(1) and is therefore, an aggravated felony. (Negrete-Rodriguez v. Mukasey, 3/3/08)
CA9 Finds CA Conviction for False ID to a Peace Officer is Not a Crime Involving Moral Turpitude
The court held that because the crime of false identification to a peace officer under Cal. Penal Code §148.9(a) does not require fraudulent intent, it is not categorically a crime involving moral turpitude. (Blanco v. Mukasey, 3/3/08)
AILA Statement Regarding Hearing on “Problems with ICE Interrogation, Detention and Removal Procedures”
AILA statement regarding the House Subcommittee on Immigration’s hearing on “Problems with ICE Interrogation, Detention and Removal Procedures” which took place on 2/13/08. AILA calls on Congress to reform these laws to ensure that due process is respected.
Immigration Law Today-Mar/Apr 2008
The Mar/Apr 2008 issue of Immigration Law Today focuses on worksite enforcement, including strict I-9 compliance, taking cautious steps to avoid ICE raids, and employers' dilemma of choosing between SSA no-match letter and national-origin discrimination.
Immigration Law Advisor, February 2008 (Vol. 2, No. 2)
Immigration Law Advisor, an EOIR legal publication, with an update on the REAL ID Act implementation, federal court activity for January 2008, an update on recent BIA precedent decisions, and a regulatory update.
CA2 Remands for Individualized Showing of Reliance on §212(c) Availability
The court held that a Restrepo claim of reliance, if proven, would make AEDPA’s bar to §212(c) for aggravated felons impermissibly retroactive as applied, even though Petitioner's conviction was on appeal when AEDPA took effect. (Walcott v. Chertoff, 2/28/08)