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
CA2 Finds BIA Erred in Aggravated Felony Analysis
The court vacated the finding that in determining whether an offense was committed for commercial advantage, the inquiry need not be restricted to the “elements” needed for conviction. (Gertsenshteyn v. DOJ, 9/25/08)
GAO Study on Quality Assurance in U.S. Asylum System
GAO released a report that addresses the extent to which quality assurance mechanisms have been designed to ensure adjudication integrity, as well as the key factors that affect asylum officer and immigration judge adjudications.
GAO Reports on Factors Affecting Variability in Asylum Outcomes
A GAO report found significant variation in asylum outcomes across immigration courts and judges, with nine factors affected variability in asylum outcomes.
Text of Protect Citizens and Residents from Unlawful Raids and Detention Act
On 9/25/08, Senators Menendez (D-NJ) and Kennedy (D-MA) introduced the “Protect Citizens and Residents from Unlawful Raids and Detention Act” (S.3594). The bill would restore basic due process protections for U.S. citizens, lawful permanent residents and workers during immigration raids.
DOJ Announces Opening of Kansas City Immigration Court
DOJ announced the opening of the Kansas City immigration court on 9/29/08.
Attorney General Certifies Matter of R-A- and Lifts Stay
The Attorney General lifted the stay in Matter of R-A- and remanded the case to the Board to revisit the issues presented with respect to asylum claims based on domestic violence in light of current law. Matter of R-A-, 24 I&N Dec. 629 (AG 2008)
CA2 Remands for Standards on Continuances for Labor Certification Adjudication
The court found that it could not adequately consider whether the BIA abused its discretion in denying a motion for continuance without standards explicating when continuances for labor certification adjudication are permissible. (Rajah v. Mukasey, 9/24/08)
ICE Issues Information Collection on Obligor Change of Address Form
ICE information collection on Form I-133, Obligor Change of Address. Comments are due 11/24/08. (73 FR 55123, 9/24/08)
Testimony Before the House Immigration Subcommittee on EOIR
On 9/23/08, the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law of the House Judiciary Committee held a hearing on the Executive Office for Immigration Review (EOIR).
BIA Concludes False Claim of Citizenship on I-9 Does Not Bar Good Moral Character Finding
The BIA reversed IJ’s decision, holding that the “catch-all” provision of INA § 101(f) bars a finding of good moral character under INA §240A(b)(1)(B) for an alien that made a false claim of U.S. citizenship on Form I-9. Matter of Guadarrama, 24 I&N Dec. 625 (BIA 2008)
USCIS Fact Sheet on New Policy of ABC Registration Determinations After Chaly-Garcia v. U.S.
USCIS released a fact sheet and Q&As on ABC registration determinations after Chaly-Garcia v. U.S
Attorney General Vacates Denial of Withholding Claim Based on FGM
The Attorney General vacated BIA decision denying a Malian woman’s claim for withholding and remands for reconsideration of questions relating to her eligibility for withholding based on the claim that she was subjected to female genital mutilation. Matter of A-T-, 24 I & N Dec. 617 (AG 2008)
CA7 Upholds Adverse Credibility Finding Despite IJ Errors; 1 Judge Dissents
The court held that notwithstanding the IJ’s mistakes, the balance of the evidence relied on by the IJ supported the adverse credibility finding. (Musollari v. Mukasey, 9/19/08)
CA11 Remands for Reconsideration of Continuance Based on Pending I-140/I-485
CA11 remanded for reconsideration of a request for continuance until pending I-I40/I-485 are adjudicated. It found that the IJ denied the continuance based on 11th circuit case law at the time, prior to the decisions in Zafar II, Merchant and Haswanee. (Matter of Jivan, 9/19/08)
CA8 Finds Cameroonian Widows Constitute a Particular Social Group
The court held that the BIA erred in rejecting the social group of Cameroonian widows, finding that they share an immutable characteristic and are viewed by society as members of a social group. (Ngengwe v. Mukasey, 9/18/08)
CA1 Upholds Cambodian Asylum Denial for Lack of Nexus
The court held that substantial evidence indicated that Petitioner was not targeted on account of one of the protected statutory grounds, where he admitted that he had been mistreated for enforcing a ban on illegal fishing. (Nou v. Mukasey, 9/18/08)
CA5 Finds it Lacks Jurisdiction to Review Denial of Motion Seeking Equitable Tolling
The court held that it lacks jurisdiction to review the denial of a time- and number-barred motion to reopen based on ineffective assistance of counsel, because the BIA has complete discretion to deny untimely MTRs. (Ramos-Bonilla v. Mukasey, 9/18/08)
Sen. Menendez and Rep. Honda Introduce the Reuniting Families Act (S. 3514)
On 9/18/08, Senator Menendez (D-NJ) introduced the Reuniting Families Act (S. 3514), a bill aimed at promoting family unity in the immigration system. A companion bill (H.R. 6938) was introduced in the House by Rep. Honda (D-CA).
CA9 Reverses Armenian Asylum Denial and Finds IJ Erred on Fingerprints
CA9 held that an Armenian who was threatened, beaten, and detained because of mixed ethnicity and political opinion, was statutorily eligible for asylum, and found that the IJ abused discretion in denying a continuance to comply with fingerprint requirements. (Karapetyan v. Mukasey, 9/16/08)
CA9 Finds Pattern of Persecution of Homosexual Men in Jamaica
The court found a pattern or practice of persecution of gay men in Jamaica and remanded Petitioner’s withholding claim. The court also remanded his CAT claim in light of the government’s acquiescence and involvement in the torture of gay men. (Bromfield v. Mukasey, 9/15/08)
CA7 Finds Aggravated Felony, although State Court Did Not Charge Petitioners as Repeat Offenders
The court held that petitioners’ first and second statecourt convictions for simple drug possession amount to an “aggravated felony”, thus affirming the finding that they were statutorily ineligible for cancellation of removal. Judge Rovner dissents. (Fernandez v. Mukasey, 9/15/08)
EOIR Revised Information Collection on Form EOIR-42A and EOIR-42B
EOIR issued a revised information collection for Forms EOIR-42A, Application for Cancellation of Removal, and EOIR-42B, Adjustment of Status for Certain Nonpermanent residents. Comments are due 11/14/08. (73 FR 53282, 9/15/08)
EOIR Revised Information Collection on Form EOIR-26
EOIR issued a revised information collection on Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge. Comments are due 11/14/08. (73 FR 53281, 9/15/08)
ICE Performance Based National Detention Standards
ICE Performance Based National Detention Standards (PBNDS), released on 9/12/08, consisting of 41 standards governing the conditions of confinement for ICE detainees. Detention facilities must meet 90% of the non-mandatory provisions and 100% of the mandatory provisions.
EOIR Creates Web Page to Submit Complaints About Immigration Judges
EOIR created a web page that allows individuals to submit complaints about Immigration Judge conduct.