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
Section-by-Section analysis of the Immigration Enforcement and Border Security Act of 2007
Section-by-section analysis of the Immigration Enforcement and Border Security Act of 2007 (S. 1984) as introduced by Sen. Kyl (R-AZ) on 8/2/07.
Text of the Immigration Enforcement and Border Security Act of 2007
Text of the Immigration Enforcement and Border Security Act of 2007 (S.1984) as introduced by Senator Jon Kyl (R-AZ) on 8/2/07. This bill aims to increase border security and immigration enforcement through a series of border control, interior enforcement and worksite enforcement provisions.
CA2 Finds No Jurisdiction to Review Discretionary Denial of Voluntary Departure
The court held that it lacked jurisdiction to review the IJ’s discretionary and factual determinations underlying the denial of Petitioner’s application for voluntary departure. (Carcamo v. DOJ, 8/2/07)
CA4 Finds Exclusive District Court Jurisdiction Over Natz Applications Under INA §336(b)
CA4 held that the timely filing for a district court hearing on a naturalization application under INA §336(b) vests the district court with exclusive jurisdiction and deprives USCIS of jurisdiction unless instructed to do so by the court. (Etape v. Chertoff, 8/2/07)
BIA Finds that MTRs Carry Heavy Burden to Show "Changed Circumstances"
The BIA held that respondent did not meet the heavy burden to show that her proffered evidence is material and reflects “changed circumstances arising in the country of nationality” regarding Chinese birth planning policies. Matter of S-Y-G-, 24 I&N Dec. 247 (BIA 2007)
CA2 Finds It Lacks Jurisdiction to Review BIA’s Discretionary Denial of Cancellation of Removal
The court dismissed the petition for review, concluding that it lacked jurisdiction to review the BIA’s discretionary and factual determinations underlying the denial of the petitioner’s application for cancellation of removal under INA §240A(a). (Barco-Sandoval v. Gonzales, 8/1/07)
Immigration Law Advisor, July 2007 (Vol. 1, No. 7)
Immigration Law Advisor with an article on circuit court decisions in Chinese coercive population control cases, federal court activity for June 2007, an article on Colombian asylum cases, update on recent BIA precedent decisions, and a regulatory update.
CA2 Remands for Clarification of Asylum Frivolousness Guidelines
The court vacated the findings of frivolousness and remanded to allow the BIA to interpret and apply the relevant statutes and regulations governing frivolousness under the BIA's standards in Matter of Y-L-. (Yang v. Gonzales, 7/31/07)
CA1 Says Filing of Motion to Reopen Does Not Stay Voluntary Departure
The court held that the timely filing of a motion to reopen does not toll the voluntary departure period, and that the granting of a motion to reopen does not “retroactively nullify” the prior violation of a voluntary departure order. (Chedad v. Gonzales, 7/31/07)
CA7 Finds Economic Harm Did Not Amount to Persecution in One-Child Claim
The court found that the damage to Petitioner’s home was insufficient to show economic persecution. The court noted that Petitioner maintained employment, registered his son without paying a fine, and his two children attended public school. (Zhang v. Gonzales, 7/31/07)
CA7 Finds Detention and Beatings in Cameroon Amount to Persecution/Torture
CA7 held that Petitioner established that she suffered persecution on account of her political opinions, having suffered two severe beatings after voicing her opposition to the government. It held that the beatings constituted torture for CAT relief. (Tchemkou v. Gonzales, 7/31/07)
AILA Comment on EOIR's Notice on Codes of Conduct for Immigration Judges and BIA Members
AILA’s comment prepared by Holly Cooper, Maile Hirota, Linda Kenepaske, and Steve Morley in response to the EOIR Notice on Codes of Conduct for Immigration Judges and BIA members.
CA2 Expands on “Question of Law” Under INA §242(a)(2)(D)
The court held that a question of law under INA §242(a)(2)(D) includes claims that the IJ applied an erroneous legal standard in making a discretionary determination and that the IJ based his decision on a misstatement of record facts. (Khan v. Gonzales, 7/26/07)
Senate Rejects Graham Immigration Enforcement Amendment
On 7/25/07, thanks in part to the swift action of AILA advocates, the Senate rejected a harsh immigration enforcement amendment proposed by Senator Lindsey Graham (R-SC) to the Department of Homeland Security Appropriations Act (S. 1644/H.R. 2638).
BIA Holds Assault and Battery Against Family Member Not Categorically a CIMT
The BIA held that the offense of assault and battery against a family or household member in violation of section 18.2-57.2 of the Virginia Code is not categorically a crime involving moral turpitude. Matter of Sejas, 24 I&N Dec. 236 (BIA 2007)
BIA Holds Assault in 3rd Degree is CIMT
The BIA held that the offense of assault in the third degree in violation of section 120.00(1) of the New York Penal Law, which requires both specific intent and physical injury, is a crime involving moral turpitude. Matter of Solon, 24 I&N Dec. 239 (BIA 2007)
CA5 Finds Abortion Was Forced, Not Voluntary, and Grants Withholding
The court held that Petitioner’s abortion was forced because a reasonable person in her position would objectively view the threats for refusing the abortion to be genuine and that the harm, if carried out, would rise to the level of persecution.(Zhu v. Gonzales, 7/23/07)
CA8 Finds Conviction for Transporting Loaded Hunting Rifle a Removable Firearms Offense
The court held that a Minnesota misdemeanor conviction for transportation of a loaded firearm, a hunting rifle in the possession of a sport hunter, is a removable firearms offense that does not fall under the “sporting, recreational or cultural” exception. (Awad v. Gonzales, 7/20/07)
DOS Strategy to Combat Transnational Gangs
Assistant Secretary for Western Hemisphere Affairs Thomas A. Shannon, Jr. announced the strategy to combat criminal gangs from Central America and Mexico. Included in the five point prevention and enforcement strategy is the repatriation of undocumented gang members.
CA9 Remands for Proper Country of Removal; Refuses to Rule on W/H and CAT
CA9 found that IJ did not follow the proper steps under Jama and erred in designating Ethiopia as the country of removal. It refused to rule on the withholding and CAT claims because each presumes removal to Ethiopia. (Hadera v. Gonzales, 7/18/07)
CA1 Rejects Colombian Asylum Claim for Lack of Nexus to a Protected Ground
The court upheld the IJ’s finding that whoever was threatening Petitioner targeted her because of greed, not her political opinion or membership in a particular social group. (Lopez de Hinacapie v. Gonzales, 7/17/07)
CA2 Upholds BIA Refusal to Terminate Based on Amended Conviction
The court held that the BIA did not err in refusing to terminate proceedings based on Petitioner’s amended conviction because it was secured solely to avoid immigration consequences and was not based on a procedural or substantive defect. (Saleh v. Gonzales, 7/17/07)
CA11 Finds Attempted Murder is Persecution in Colombian Asylum Case
The court held that the record in the case compelled the conclusion that Petitioner suffered past persecution. The court found that intentionally being shot at in a moving car by two men on motorcycles qualifies as “extreme” under any definition. (Sanchez Jimenez v. U.S. Att’y Gen., 7/17/07)
CA2 Says No Per Se Refugee Status for Spouses of Family Planning Victims
The en banc court held that IIRAIRA §601(a), which amended the definition of refugee, is unambiguous and clearly does not extend automatic refugee status to spouses or partners of victims of coercive family planning policies. (Lin v. DOJ, 7/16/07)
CA2 Finds IJ’s Analysis Deficient in Bangladeshi Asylum Claim
The court held that the IJ’s finding that Petitioners failed to show past persecution was deficient in its consideration of claims in the aggregate and included errors in the analysis of several incidents and economic harm. (Manzur v. DHS, 7/16/07)