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
Petition for a Writ of Habeas Corpus under 28 USC §2241
Sample petition for a writ of habeas corpus challenging the unlawful detention of an alien who has been ordered removed from the United States, but has not been physically deported from the United States (October 2006). (Complaint, Amendment, Other Pleading)
AILA Acknowledges Tenth Anniversary of IIRIRA
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) is a vast and controversial law that has done little to reform our immigration system and much to create hardship and suffering for thousands of immigrants and their U.S. families.
CA1 Finds Cambodian Asylum Applicant Failed to Link PTSD to Past Harm
The court upheld the IJ’s determination that Petitioner did not have a well-founded fear of future persecution and that Petitioner failed to show that her PTSD was related to persecution. (Ouk v. Gonzales, 9/29/06)
Be on the Lookout for Increased NTA Activity
The May 2006 memo on discretionary factors in adjudication, comments by USCIS leadership, and the July 2006 NTA guidance point to the likelihood of increased NTA issuance in the near term.
CA9 Finds Iranian MEK Supporter Qualifies for Deferral of Removal under CAT
CA9 found sufficient evidence to show that Iranian officials could identify petitioner as a supporter of the MEK and would likely torture him. Finding that CAT provides relief for suffering beyond lawful sanctions, the court held for deferral of removal. (Hosseini v. Gonzales, 9/28/06)
BIA Finds Alternative Holdings Retain Precedential Value
The BIA held that when the AG overrules one holding but expressly declines to vacate others, they retain their precedential value. Matter of Robles-Urrea, 24 I&N Dec. 22 (BIA 2006)
CA1 Upholds Adverse Credibility Finding Despite Child’s Asylum Grant
The court held that the IJ gave specific cogent reasons for disbelieving Petitioners, including their failure to mention their daughter’s kidnapping in their motion to reopen and numerous inconsistencies. (Dine v. Gonzales, 9/27/06)
AILA-USCIS Liaison Meeting Minutes (9/26/06)
On September 26, 2006, AILA Liaison met with USCIS HQ. The meeting minutes are unofficial and do not represent enunciation of formal policy on the part of USCIS.
CA1 Rejects Constitutional Challenges to NSEERS Program
The court refused to suppress evidence obtained during Petitioner’s NSEERS interview, concluding that his Fifth Amendment due process rights had not been violated and that the program does not violate equal protection principles. (Kandamar v. Gonzales, 9/26/06)
CA1 Upholds Adverse Credibility Finding in Chinese Christian Asylum Case
The court found that Petitioner only addressed two of the 11 reasons enumerated for the adverse credibility finding, and that the finding would stand even if the IJ correctly analyzed Petitioner’s testimony about his job discharge. (Zheng v. Gonzales, 9/26/06)
Senate Appropriators Block Harsh Enforcement Provisions from Conference Agreement on DHS Funding
On 9/25/06, House and Senate conferees agreed on a $34.8 billion conference report to fund the DHS in FY2007. A group of Senate appropriators prevented the inclusion in the report of harsh immigration enforcement measures that House Republicans attempted to attach to it.
CA7 Finds No Jurisdiction After BIA Reopens Proceedings on its Own Motion
The court held that where the BIA reopens proceedings on its own motion, subsequent to the filing of a petition for review, the petition must be dismissed for lack of jurisdiction because there is no longer a reviewable final order. (Gao v. Gonzales, 9/25/06)
CA9 Remands for BIA Consideration of Ineffective Assistance of Counsel Claim
The court held that the failure to file a petition for review or a motion to reopen within Petitioner’s voluntary departure period, despite warnings from the IJ, amounted to ineffective assistance of counsel. (Granados-Oseguera v. Gonzales, 9/25/06)
CA1 Finds Date of Criminal Conduct Irrelevant Under AEDPA Bar to §212(c)
The court held that AEDPA §440(d) barred §212(c) relief because Petitioner was convicted of the relevant offense after the Act’s effective date. The fact that the conduct took place before the effective date was irrelevant. (Santa Cruz-Bucheli v. Gonzales, 9/22/06)
Text of the Immigration Law Enforcement Act of 2006 (H.R. 6095)
Text of the Immigration Law Enforcement Act of 2006 (H.R. 6095), introduced on 9/19/06 by Rep. Sensenbrenner (R-WI) and passed by the House on 9/21/06 by a vote of 277-140.
Text of the Community Protection Act of 2006 (H.R. 6094)
Text of the Community Protection Act of 2006 (H.R. 6094), introduced on 9/19/06 by Rep. Sensenbrenner (R-WI) and passed by the House on 9/21/06 by a vote of 328-95.
Summary of Rep. Sensenbrenner’s Enforcement-Only Bills Reflecting Reshuffled Bill Content
AILA’s updated summaries of new enforcement-only bills introduced by Rep. Sensenbrenner on 9/15/06 and repackaged on 9/19/06. The three original bills were repackaged as two, with the tunnel provisions now contained in an existing stand-alone bill.
BIA Finds Traffic Jam Was “Exceptional Circumstance”
In an unpublished decision, the BIA overturned the IJ’s denial of a motion to reopen after entry of an in absentia removal order, finding that the well-documented, hours-long traffic jam that caused the alien to miss the hearing was an “exceptional circumstance”. Courtesy of David B. Pakula.
BIA Clarifies Asylum Eligibility for Spouses/Partners in Forced Sterilization/Abortion Cases
The BIA held that an alien whose spouse was forced to undergo an abortion or sterilization can establish past persecution if they were legally married at the time. Matter of S-L-L, 24 I&N Dec. 1 (BIA 2006)
CA2 Says Persecution Does Not Require Serious Injury
The court found that the BIA does not require applicants claiming persecution to show permanent or serious injury and that persecution encompasses a variety of adverse treatment including non-physical forms of harm. (Edimo-Doualla v. Gonzales, 9/19/06)
CA3 Criticizes IJ for Jumping Eagerly on Each Slip of the Tongue
The court held that the IJ’s adverse credibility determination and determination that, if credible, Petitioner’s testimony did not establish past persecution, were not supported by substantial evidence. (Gabuniya v. Gonzales, 9/19/06)
CA9 En Banc Panel Discusses Date Admissibility is Determined for SAW Beneficiaries
The court held that admissibility for SAW beneficiaries is determined as of the date of admission for lawful temporary residence, and is not redetermined as of the date of adjustment to lawful permanent residence. (Perez-Enriquez v. Gonzales, 9/15/06)
CA1 Finds Past Persecution Claim Waived
The court held that Petitioner’s past persecution claim was barred where he failed to set forth a developed argument, despite a heading in his brief titled, “The IJ erred in finding that respondent had not suffered past persecution.” (Silva v. Gonzalez, 9/15/06)
CA2 Says Stay of Voluntary Departure Must Be Explicitly Requested
The court refused to stay voluntary departure where Petitioners moved for a stay of removal before their voluntary departure period expired, but did not explicitly request a stay of voluntary departure. (Iouri v. Ashcroft, 9/13/06)
CA9 Holds BIA Cannot Change Voluntary Departure Period Granted by IJ in a Streamlined Order
The court held that 8 CFR §1003.1(e)(4), which permits a single Board member to affirm an IJ’s decision without opinion, requires the member to affirm all of the IJ’s decision, including the length of the voluntary departure period. (Padilla-Padilla v. Gonzales, 9/13/06)