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.
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Updates from EOIR
Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
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)
CA5 Finds No Jurisdiction to Review Visa Revocation Under INA §205
The court held that the decision of the Secretary of Homeland Security to revoke a visa under INA §205 is purely discretionary and may not be reviewed by the court of appeals in accordance with INA §242(a)(2)(B)(ii). (Ghanem v. Upchurch, 3/6/07)
CA10 Refuses to Suppress Evidence of Unlawful Immigration Status
The court held that a federal agent’s failure to provide a lawfully detained suspect a Miranda warning prior to inquiring about his immigration status does not require suppression of that status where fingerprint evidence subsequently confirms such status. (U.S. v. Lara-Garcia, 3/6/07)
DHS OIG Assessment of ICE’s Fugitive Operations Teams
This March 2007 report addresses the effectiveness of United States Immigration and Customs Enforcement’s Fugitive Operations Teams.
CA9 Finds Ukrainian Whistleblower Was Persecuted for his Political Opinion
The court held that the BIA erred in finding that Petitioner’s whistleblowing was not political opinion. The court found his whistleblowing was political because it was directed “toward a government institution.” (Fedunyak v. Gonzales, 3/2/07)
CA9 Holds California Stalking Conviction is Not a “Crime of Violence”
On petition for rehearing, the court held that Petitioner’s conviction for stalking under California Penal Code §646.9 does not qualify as a crime of violence under 18 USC §16(b), and is therefore, not an aggravated felony. (Malta-Espinoza v. Gonzales, 3/2/07)
Immigration Law Today-Mar/Apr 2007
The Mar/Apr 2007 issue of Immigration Law Today focuses on asylum, including one man's journey behind Guantanamo, asylees from gang warfare, and children fleeing persecution.
CA7 Finds BIA’s Summary Dismissal Proper Where No Brief Was Filed
The court found that there was no error or abuse of discretion in BIA’s summary dismissal in the case of an applicant who indicated on her NOA that a brief would be filed and then failed to file a brief.(Kokar v. Gonzales, 3/1/07)