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
CA8 Upholds BIA’s MTR Denial for Failure to Show Lack of Relocation Option
CA8 found that there was no evidence that the North Sulawesi region of Indonesia was unsafe for Christians and that the BIA did not abuse its discretion in denying the motion to reopen.(Poniman v. Gonzales, 4/2/07)
BIA Holds Trafficking in Counterfeit Goods is CIMT
The BIA held that the offense of trafficking in counterfeit goods or services in violation of 18 U.S.C. § 2320 (2000) is a crime involving moral turpitude. Matter of Kochlani, 24 I&N Dec. 128 (BIA 2007)
Immigration Law Advisor, March 2007 (Vol. 1, No. 3)
Immigration Law Advisor with an article on when a public official acquiesces to torture committed by a third party, an article on the “fugitive disentitlement doctrine,” federal court activity and recent BIA decisions for February 2007, a regulatory update, and a legislative update.
CA1 Dismisses Petitioner’s Res Judicata Claim for Lack of Jurisdiction
The court dismissed Petitioner’s res judicata claim as untimely, refusing to create a “grace period” for filing a petition for review under the REAL ID Act. (Fontes v. Gonzales, 3/30/07)
CA2 Rejects Adverse Credibility Based on Non-Record Evidence
The court found that the IJ mischaracterized Petitioners' testimony and improperly relied on non-record evidence from a previous hearing for which there was no transcript. (Gao v. BIA, 3/28/07)
EOIR Proposes Rule on Jurisdiction and Venue in Removal Proceedings
EOIR published a proposed rule that would amend DOJ regulations addressing jurisdiction and venue in removal proceedings. Comments are due 4/27/07. (72 FR 14494, 3/28/07)
AILA Objects to the Enforcement Methods and Tactics Used in Recent Workplace Raids
AILA supports smart and effective enforcement of just laws, but recent raids have been conducted without respect for due process rights. “The recent workplace raids are a prime example of a broken immigration system... underscoring the urgency of the need for comprehensive immigration reform NOW.”
CA8 Remands Ugandan Lesbian Asylum Claim due to Inadequate Findings by IJ
The court found that the IJ erred in concluding that Petitioner had to demonstrate persecution at the hands of government officials, when persecution may be inflicted by persons or an organization that the government was unable or unwilling to control.(Nabulwala v. Gonzales, 3/21/07)
BIA on Mandatory Detention in Light of Transition Period Custody Rules
The BIA held that respondent, who was apprehended at home while on probation, is subject to mandatory detention, provided that he was released from criminal custody after 10/8/98, the expiration date of the Transition Period Custody Rules. Matter of Kotliar, 24 I&N Dec. 124 (BIA 2007)
CA2 Dismisses Appeal under the Fugitive Disentitlement Doctrine
The court found that Petitioner ignored an order that he surrender for deportation and continued to reside unlawfully in the U.S. as a fugitive from justice and dismissed the petition for review finding no equitable factors. (Gao v. Gonzales, 3/20/07)
ICE Liaison Minutes (3/20/07)
The liaison minutes record discussions with ICE regarding such topics as VAWA; Visa Waiver and Adjustability; Detention, Bond and Custody Alternatives; Deferred Action; ICE Detainers; Arriving Aliens, Transfers and Access to Counsel; Detention Standards, among other issues.
CA5 Affirms its Decision Holding Unauthorized Use of a Vehicle is a “Crime of Violence”
CA5 affirmed its prior decision in U.S. v. Galvan-Rodriguez that unauthorized use of a vehicle is a “crime of violence” and denied the petition for review because Petitioner was ineligible for relief under the law in effect at the time of his plea. (Brieva-Perez v. Gonzales, 3/19/07)
CA5 Upholds BIA’s Reasoning in Matter of Brieva-Perez on §212(c) Comparability
The court found no error in the BIA’s determination that Petitioner was ineligible for relief under former INA §212(c) because the ground of removability charged, an aggravated felony, does not have a statutory counterpart ground of inadmissibility under INA §212(a). (Vo v. Gonzales, 3/19/07)
CA5 Upholds §212(c) Statutory Counterpart Holding in Matter of Blake
CA5 held that aggravated sexual assault of a child, an aggravated felony, does not have a comparable ground of inadmissibility under INA §212(a), but remanded the case to the BIA to allow an opportunity to apply for adjustment of status. (Avilez-Granados v. Gonzales, 3/19/07)
BIA on Reinstatement of Prior Orders
The BIA held that an IJ has no authority to reinstate a prior order of deportation or removal and an alien subject to reinstatement of a prior order of deportation or removal has no right to a hearing before an IJ. Matter of W-C-B-, 24 I&N Dec. 118 (BIA 2007)
CA7 Cites “Significant, Unexplained Gaps” in Record to Support Recission of In Absentia Order
The court held that due to significant, unexplained gaps in the government’s record, the IJ’s conclusion that Petitioner failed to inform the asylum office of his change of address was not supported by substantial evidence.(Terezov v. Gonzales, 3/15/07)
CA7 Overturns IJ’s Negative Credibility Finding Based on Minor Discrepancies
The court found that the IJ’s negative credibility determination was not based on analysis of the evidence as a whole, noting that the IJ’s decision turned on unimportant discrepancies between Petitioner’s testimony and earlier accounts of irrelevant subjects. (Adekpe v. Gonzales, 3/14/07)
BIA Finds “Categorical Approach” Not Applicable Where “Commercial Advantage” Is Not Element of Offense
The BIA held that the application of the “categorical approach” to determining whether a criminal offense satisfies a particular ground of removal and whether an offense is committed for “commercial advantage. Matter of Gertsenshteyn, 24 I&N Dec. 111 (BIA 2007)
AILA Liaison/USCIS HQ Meeting Minutes (3/14/07)
Subjects include backlog reduction, AR-11s, AC21, 245(k), Degree Equivalency, VAWA, Perez-Vargas, Religious Worker I-360s, EB-5, the Perez-Gonzalez/I-212 Memo, Ability to Pay, CSPA, the F-1 to H-1B Cap Gap, K-2 I-485s, I-130s, Arriving Aliens in Removal, and I-212s.
CA2 Upholds Denial of Cameroonian Asylum Claim Based on Suspect Document
The court held that the IJ’s adverse credibility determination was supported by Petitioner’s submission of a suspect document and rested on permissible inferences, not bald speculation. (Siewe v. Gonzales, 3/13/07)
District Court Stops ICE Transfer of Detainees
A District Court judge temporarily ordered ICE to cease transferring detainees without prior notice to the court, to place no restrictions on access to counsel, and to work with Social Services to resolve issues involving children of the detainees. (Sandoval v. ICE, 3/9/07)
CA3 Extends St. Cyr to All Individuals Convicted of a Pre-IIRAIRA Aggravated Felony
The court held that the repeal of §212(c) cannot be applied retroactively to preclude persons convicted of a pre-IIRAIRA aggravated felony, whether by plea or by trial, because the repeal attached new consequences to the conviction and sentence. (Atkinson v. Att’y Gen. of the U.S., 3/8/07)
BIA on Termination of Proceedings for Adjudication of Naturalization Application
The BIA held that because BIA and IJs lack jurisdiction to adjudicate naturalization applications, removal proceedings may only be terminated where DHS presents an affirmative communication on prima facie eligibility for naturalization. Matter of Acosta Hidalgo, 24 I&N Dec. 103 (BIA 2007)
Letter Urging Support for the Restoration of Habeas Corpus Rights for Non-Citizen Detainees
Sign-on letter from over 70 NGOs to Senators Harry Reid (D-NV) and Mitch McConnel (R-KY), and Representatives Nancy Pelosi (D-CA) and John Boehner (R-OH), urging their support for legislation to restore the right of habeas corpus to non-citizens detained by the United States.
CA6 Upholds Neg. Credibility Finding; Rejects Use of Minor Inconsistencies
The court concluded that there was sufficient inconsistency in the record to support the IJ’s adverse credibility determination in this Tunisian asylum case, but noted that many alleged inconsistencies were irrelevant or not inconsistent. (Ben Hamida v. Gonzales, 3/7/07)