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
CA6 Upholds Asylum Denial but Finds Gov’t Lacks Unbridled Discretion in MTR
The court upheld the adverse credibility findings. Regarding the denial of the motion to remand based on Petitioner’s marriage to a US citizen, the court rejected the government’s argument that Velarde gives it unbridled discretion. (Sarr v. Gonzales, 4/19/07)
CA7 Finds IJ Erred in Finding Salvadoran Asylum Applicant Is a Persecutor
The court found that the BIA and the courts had not addressed the question of whether mere presence at the scene of persecution constitutes participation. It found that Petitioner’s denial of asylum is not compelled where the trial for murder was a “farce.” (Doe v. Gonzales, 4/17/07)
Judge Suspended for Denying Bail Based on Immigration Status Questions
The Kentucky Judicial Conduct Commission suspends a state trial judge for two weeks without pay for denying bail to criminal defendants solely because of questions about their immigration status. Courtesy of Charles R. Baesler, Jr.
CA5 Holds Counsel’s Advice Not to Appear Warrants Rescission of In Absentia Order
The court held that the BIA failed to follow its own precedent holding that a failure to appear, which results from erroneous advice provided by an attorney or representative, may constitute an “exceptional circumstance.” (Galvez-Vergara v. Gonzales, 4/16/07)
Section-by-Section Summary of the STRIVE Act (Working Draft, Updated 4/16/07)
Section-by-section summary of the Security Through Regularized Immigration and a Vibrant Economy (STRIVE) Act of 2007 (H.R. 1645), prepared by AILA and the National Immigration Forum.
CA3 Overturns Adverse Credibility Finding in Nigerian Asylum Claim
The court found that the inconsistencies cited by the IJ led it to conclude that the IJ failed to take into account persuasive evidence that not only explained the inconsistencies, but also supported Petitioner’s claim of persecution. (Chukwu v. Gonzales, 4/13/07)
CA8 Holds LPR Originally Admitted as Refugee is Subject to Removal
The court joined CA3 and CA9 in holding that a person who enters the U.S. as a refugee, adjusts his status to lawful permanent resident and is thereafter convicted of a removable crime, is subject to removal even though his refugee status was never terminated. (Xiong v. Gonzales, 4/12/07)
BIA Holds IJ Reacquires Jurisdiction in Remanded Proceedings
The BIA held that when a case is remanded to an IJ for completion of the appropriate background checks, the IJ is required to enter a final order granting or denying the requested relief. Matter of M-D-, 24 I&N Dec. 138 (BIA 2007)
CA3 Finds No Jurisdiction Over Challenge to the 1-Year Asylum Deadline Veiled as Due Process Claim
The court rejected Petitioner’s attempt to recast his factual challenge as a due process claim and found no jurisdiction to review the BIA’s refusal to excuse his failure to comply with the one-year asylum deadline. (Jarbough v. Att’y Gen. of the U.S., 4/11/07)
AILA Liaison/EOIR Q&As (4/11/07)
The EOIR provides answers to AILA Liaison agenda item questions from a 4/11/07 meeting (approved by EOIR in early October). Topics include BIA streamlining reforms, stipulated removal orders, EOIR's Free Legal Services Provider List, continuances for SIJS, transcripts, and BIA filing issues.
CA11 Holds Adjustment of Status Under INA §245(i) is Discretionary
The court held that the Attorney General may deny a §245(i) adjustment application as a matter of discretion, even if the applicant is statutorily eligible. (Usmani v. U.S. Att’y Gen., 4/10/07)
CA3 Finds Jurisdiction to Review Asylum Claim by VWP Entrant
The court held that a denial of a Visa Waiver Program entrant’s application for asylum, withholding, and CAT relief constitutes a “final order of removal” within the meaning of INA §242(a)(1), and is therefore subject to circuit court review. (Shehu v. Att’y Gen. of the U.S., 4/9/07)
CA7 Finds BIA Abused Discretion in Denying MTR Ethiopian Asylum Claim
The court held that the BIA gave no reasoned explanation for its finding that Petitioner had not provided evidence of changed conditions in Ethiopia. (Gebreeyesus v. Gonzales, 4/6/07)
CIS Ombudsman’s Office Recommendations Regarding Deferred Action
CIS Ombudsman’s Office 4/6/07 recommendations to USCIS regarding deferred action including increased posting of general information on deferred action on USCIS’s website and maintenance of statistics on the issuance and denial of requests.
Due Process: A Matter of Life and Liberty
Donna Lipinski, AILA Associate Director of Advocacy, Family and Due Process, answers “What does ‘due process’ mean?” and explains why due process is an essential element that must be part of any meaningful comprehensive reform legislation.
BIA Discusses North Korean Human Rights Act of 2004
The BIA held that the North Korean Human Rights Act of 2004 does not apply to North Koreans who have availed themselves of the right to citizenship in South Korea. Matter of K-R-Y- and K-C-S-, 24 I&N Dec. 133 (BIA 2007)
CA7 Vacates Asylum Denial Due to IJ’s Bias in Religious Persecution Case
The court found that the IJ manifested a clear bias against Petitioners and that Petitioners were denied a reasonable hearing when they were labeled religious “zealots” by the IJ who also found that their exercise of religion was “offensive.” (Floroiu v. Gonzales, 4/2/07)
CA8 Finds IJ’s Bias Requires Remand in Albanian Homosexual Asylum Case
The court held that the IJ’s credibility finding was not supported by substantial evidence and noted that the BIA excised certain findings by the IJ, but found that the BIA did not explain how the remaining findings were not tainted by the IJ’s bias. (Shahinaj v. Gonzales, 4/2/07)
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.”