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
BIA Holds That Resistance to Gang Membership and Perceived Gang Affiliation Do Not Constitute PSGs
The BIA held that the respondent failed to show membership in a particular social group (PSG) of “persons resistant to gang membership,” because Honduran society and gang members would not view those opposed to gang membership as a social group. Matter of E–A–G–, 24 I&N Dec. 591 (BIA 2008)
EOIR Offers Guidance for Judges on Attorney Telephonic Appearances
An Operating Policies and Procedures Memorandum (OPPM) providing guidance for judges regarding requests for telephonic appearances by attorneys and representatives at master calendar and bond redetermination hearing has been released.
BIA Finds Applicant Not “Lawfully Resided” for Purposes of 212(h) Waiver
The BIA held that respondent had not “lawfully resided” in the U.S. for purposes of qualifying for a 212(h) waiver during any periods where he was an applicant for asylum or adjustment and lacked any other basis on which to claim lawful residence. Matter of Rotimi, 24 I&N Dec. 567 (BIA 2008)
BIA Dismisses Appeal Further Limiting Definition of Particular Social Group
The BIA agreed with the Immigration Judge who found that Salvadoran youth who refused recruitment into the MS-13 criminal gang or their family members does not constitute a particular social group. Matter of S-E-G-, et al., 24 I&N Dec. 579 (BIA 2008)
Stakeholder/USCIS Q & As (7/29/08)
The Q&As address I-730s, withholding or removal, 245i eligibility, I-130s, T visas, Special Immigrant Visas, adjustment of status, Refund of fees, asylum, N-400s, RFEs, humanitarian parole, HPV vaccine, and more.
Aytes Memo on Discretionary Exemptions to Terrorist Activity Inadmissibility Grounds
A 7/28/08 memo from Michael Aytes, Acting Deputy Director, USCIS, on the discretionary authority of the DHS and DOS Secretaries to exempt the effect of a foreign national’s terrorist activities on admissibility or removability.
CA10 Reverses Finding of No Past Persecution in Case of Armenian Journalist
CA10t reversed the finding that Petitioner’s mistreatment amounted to no more than hostile actions by people adversely affected by the news media, holding that official retaliation against one who threatens to expose govt corruption may amount to persecution. (Hayrapetyan v. Mukasey, 7/28/08)
OIG Confirms Politicized Hiring of IJs and BIA Members
The DOJ’s OIG released a report entitled, “An Investigation of Allegations of Politicized Hiring by Monica Goodling and Other Staff in the Office of the Attorney General,” confirming that political and ideological considerations were use in the hiring of immigration judges and BIA members.
CA7 Finds that Denial of Continuance Renders Statutory Opportunity to Seek Adjustment a "Mere Illusion"
CA7 remanded, finding that the IJ’s lack of jurisdiction to entertain adjustment applications was not a rational basis for denying the continuance request, and that the denial nullified the statutory right to apply for adjustment under the circumstances of the case. (Ceta v. Mukasey, 7/25/08)
CA9 Addresses Prolonged Detention and Opportunity for a Bond Hearing under INA §1226(a)
CA9 remands because it could not determine whether a bond hearing had been afforded, due to an inadequate record. It held that the detention was permissible under INA §1226(a), but that the AG is required to provide an opportunity to challenge the detention. (Casas-Castrillon v. DHS, 7/25/08)
CA9 Upholds Denial of Habeas Claim as Petitioner Failed to Establish Indefinite Detention
CA9 held that where a removal order is administratively final, but removal is stayed for a petition for review, detention is authorized. It rejected a Zadvydas challenge because the petitioner’s detention end date was uncertain but not indefinite. (Prieto-Romero v. Clark, 7/25/08)
National Immigrant Bond Fund
Information on the newly launched National Immigrant Bond Fund, which seeks to reaffirm the values of dignity and due process by assisting immigrants swept up in ICE raids to post bond quickly in order to secure a fair hearing in Immigration Court.
CA9 Defines “One Central Reason” in Mixed-Motive Asylum Claim
CA9 held that previous mixed-motive jurisprudence is superseded by the REAL ID Act and the new “one central reason” standard. It defined a “central” reason as of primary importance to the persecutors, essential to their decision, and a cause of their’ act. (Parussimova v. Mukasey, 7/24/08)
CA3 Holds Rescission of Adjustment Was Required Within Five Years
The court found that the amendment to INA §246(a) does not undermine the holding that a five-year limitation applies to both rescission and deportation actions taken to invalidate an adjustment that was erroneously granted to an ineligible alien. (Garcia v. Att'y Gen. of the U.S., 7/24/08)
Testimony from AILA During House Hearing on Immigration Raids
Testimony of AILA First Vice President David Leopold during the 7/24/08 House Immigration Subcommittee hearing on recent immigration work place raids.
AAO Finds that Favorable Factors Acquired after Removal Proceedings Begin Carry Less Weight
AAO dismisses appeal of a denied I-212 waiver application for an applicant seeking relief under INA §212(a)(9)(a)(iii). Finds that the applicant’s spouse, son and approved I-130 are “after-acquired equities” that are accorded less weight in the exercise of discretion.
CA2 Finds BIA Erred in Changed Country Conditions Analysis
The court found that the inference that Petitioner no longer had a well-founded fear was based entirely on a report that detailed general improvements in the Congo, but conflict persisted in Petitioner’s hometown. (Passi v. Mukasey, 7/23/08)
IJ Grants CAT Relief to Rape Victim from Vietnam
IJ grants CAT relief to an LPR convicted of an aggravated felony, based on grounds that the foreign national would be in danger of being subjected to torture if she were returned to Vietnam as she was a victim of repeated rape. Courtesy of John Ovink.
CA2 Remands for Clarification on Notice to Minors
The court remanded to the BIA to provide clarification of the statutory and regulatory framework regarding serving notice to minors, particularly those released to a responsible adult under 8 CFR §236.3(a). (Llanos-Fernandez v. Mukasey, 7/22/08)
ICE Arrests 43 at Waipahu, Hawaii Apartment Complex
On 7/21/08, ICE announced that it executed nine federal search warrants and arrested 43 foreign nationals in a raid on a Waipahu apartment complex. The men were employed by The Farms, an agricultural business.
District Court Approves Settlement Agreement in Santillan, et al. v. Mukasey, et al.
On 7/21/08, a federal district court judge approved the settlement agreement in Santillan, et al. v. Mukasey, et al. The case concerned individuals who had been granted LPR status by EOIR, and to whom USCIS had not issued evidence of registration as a LPR.
EOIR Updates Sections 1.3(c) and App. B of Immigration Court Practice Manual
On 7/22/08 EOIR made available updates to Sections 1.3(c) and Appendix B of the Immigration Court Practice Manual. Pages of the manual have been updated to provide specific URLs and e-mail addresses, rather than generally directing the reader to the EOIR website. Thanks to EOIR for the improvements.
CA2 Finds Credibility Precedent Abrogated by REAL ID Act
The court found that its prior holding in Secaida-Rosales, that an IJ may not base credibility on collateral inconsistencies and omissions, was abrogated by the REAL ID Act and that an IJ may rely on any inconsistency or omission. (Lin v. Mukasey, 7/21/08)
EOIR Legal Orientation Program and Pro Bono Project Fact Sheet
On 7/18/08 EOIR released a Fact Sheet on its Legal Orientation and Pro Bono Programs, which also highlights an unaccompanied minors initiative and a model hearing program.
EOIR to Require A Numbers
On 7/21/08 EOIR announced that effective 7/21/08 documents filed with EOIR's immigration courts and the BIA should indicate A numbers.