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
CA1 Holds Adjustment Granted by INS Outside Proceedings Invalid
The court found no due process violation in refusing Petitioner a hearing on whether his status was lawfully adjusted by INS, because he was in proceedings at the time the application was granted and should have filed with the IJ. (Dar-Salameh v. Gonzales, 11/15/06)
CA2 Overturns IJ’s Finding that Albanian Failed to Show Past Persecution
The court noted that a minor beating or any physical degradation designed to cause pain or other suffering may rise to the level of persecution if it occurred in the context of an arrest or detention on the basis of a protected ground. (Gjolaj v. BCIS, 11/9/06)
CA7 Holds Reinstatement of Removal Trumps §245(i) Adjustment of Status
The court held that INA §241(a)(5), which provides for reinstatement of a prior order of removal for illegal reentrants, plainly bars a previously removed individual who has illegally reentered the U.S. from adjustment of status under INA §245(i). (Lino v. Gonzales, 11/6/06)
CA9 Remands Motion to Reopen Involving Vacated Conviction
The court held that the BIA erred in placing the burden on Petitioner of proving his conviction was vacated due to a substantive or procedural defect and was therefore, no longer valid for immigration purposes. (Nath v. Gonzales, 11/3/06)
CA3 Finds Pattern of Persecution of Eritrean Pentecostals
The court found that the record suggested a pattern or practice of persecution of Pentecostals in Eritrea and that the IJ committed legal error in finding that Petitioner could not prevail on his CAT claim because his claim for asylum was denied. (Ghebrehiwot v. Atty. Gen., 11/3/06)
BIA Rules REAL ID Only Applies to Applications Filed Affer Effective Date
The BIA held that REAL ID provisions apply only to relief applications initially filed with an asylum officer or IJ on or after 5/11/05 – not to an asylum application filed with an asylum officer prior to this date but subsequently renewed. In re S-B-, 24 I&N Dec. 42 (BIA 2006)
CA2 on Delivery Presumption for Challenging In Absentia Orders
The court held that for purposes of challenging an in absentia removal order, a presumption of receipt attaches to an NTA that is properly addressed and sent according to normal office procedures. (Silva-Carvalho Lopes v. Gonzales, 11/2/06)
EOIR Memo on Procedures for Automatic Stay Cases
EOIR memo sets forth procedures for handling automatic stay cases pursuant to a final rule effective 11/1/06. The final rule directs IJs to issue written custody decisions in automatic stay cases within 5 business days. An additional 5-day extension can be requested from the BIA.
CA2 Remands Due to New Documents on Forced Sterilization
The court found that despite earlier rulings, documents presented in a recent case suggest that there may in fact be an official policy of forced sterilization in the Fujian province, which may undermine the reliance of DOS reports. (Lin v. Gonzales, 10/30/06)
CA9 Holds “Crime of Domestic Violence” Must be Intentional to Establish Removability
The court held that Petitioner was not removable for a “crime of domestic violence” because he was convicted under a statute which proscribes “reckless” as well as intentional conduct and the record does not establish that his conduct was knowing. (Fernandez-Ruiz v. Gonzales, 10/26/06)
ICE Releases Revised Procedures for Automatic Stay of Custody Decisions by IJs
Obtained via FOIA by Hoppock Law Firm, ICE released guidance and procedures for the use of the revised automatic stay provision contained in 8 CFR § 1003.6(c) and § 1003.19(i) pursuant to DOJ's final rule issued on 10/2/06. Special thanks to Matthew Hoppock.
AILA Liaison/EOIR Q&As (10/18/06)
The EOIR provides answers to AILA Liaison agenda item questions from an 10/18/06 meeting. Topics include the complaint process for IJ conduct, EOIR policies regarding unaccompanied minor children, corroboration of asylum claims, filing at the BIA and Matter of Liadov, and more.
EOIR Announces 10 New Legal Orientation Programs
EOIR announced that six new Legal Orientation Program (LOP) sites for adults, and four sites for children, will become operational within the next few months to assist detained individuals in immigration court proceedings.
CA2 Remands Issue of Whether Two Children in China Is a Basis for Asylum
The court remanded the question of whether having more children than Chinese law allows, standing alone, may serve as a basis for asylum, noting that the question is not clearly answered by the statutory definition of refugee. (Shao v. BIA, 10/12/06)
CA5 Holds Unlawful Procurement of Naturalization is a Crime Involving Moral Turpitude
The court held that unlawful procurement of naturalization, in violation of 18 USC §1425(a), is a crime involving moral turpitude. The court denied Petitioner’s request for concurrent relief under former INA §212(c) and current INA §240A(a). (Amouzadeh v. Winfrey, 10/5/06)
CA9 Finds No Jurisdiction to Review Discretionary Challenge Recast as Due Process Claim
CA9 held that it had no jurisdiction to review the claim that the IJ and BIA violated due process rights by not weighing the equities before denying his adjustment of status application. It found this to be a challenge to a discretionary decision. (Bazua-Cota v. Gonzales, 10/3/06)
Supreme Court Hears Arguments in Drug Possession Cases
The Court heard arguments in two consolidated cases, and is poised to decide whether drug possession convictions that qualify as state felonies, but would not qualify as felonies under federal law, constitute aggravated felonies as defined in INA § 101(a)(43)(B) ("drug trafficking crimes").
Supreme Court Remands CA9 Asylum Case Based on Harm to Disabled Child
The Court granted the cert petition, vacated the Ninth Circuit’s decision permitting an asylum-seeker to base her claim on the harm suffered by her disabled child, and remanded the case for further consideration in light of Gonzales v. Thomas. (Gonzales v. Tchoukhrova, 10/2/06)
CA9 Refuses to Equitably Toll Filing Deadline for Motion to Reconsider
The court refused to equitably toll the filing deadline for Petitioner’s untimely motion to reconsider, finding that Petitioner was given notice of the significant legal issue in his case and was represented by counsel. (Mendez-Alcaraz v. Gonzales, 10/2/06)
EOIR Final Rule Regarding Custody Determinations
EOIR final rule which clarifies the existing regulatory provision for DHS to invoke a temporary automatic stay of an immigration judge’s decision ordering an alien’s release under applicable circumstances. The final rule is effective November 1, 2006. (71 FR 57873, 10/2/06)
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)
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)
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.