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
CA3 Finds BIA Erred in Not Reopening Due to Changed Conditions
The court found that the BIA committed an error of law when it held that Petitioners’ motion to reopen based on changed conditions was time barred under 8 CFR §1003.2(c)(3)(ii). (Filja v. Gonzales, 5/12/06)
CA2 Sets Time Limit for BIA to Issue “Social Group” Decision
Noting that the BIA has not decided whether affluent Guatemalans are a particular social group, the court remanded and gave the BIA 49 days to respond. (Ucelo-Gomez v. Gonzales, 5/9/06)
CA2 Affirms BIA’s Decision in Matter of Vargas
The court held that first degree manslaughter in violation of New York Penal Code §§125.20(1) or (2) is a crime of violence under 18 USC §18(b) and is therefore, an aggravated felony under INA §101(a)(43)(F). (Vargas-Sarmiento v. Gonzales, 5/8/06)
CA2 Finds Jurisdiction to Review VWP Asylum Claim
The court found jurisdiction to review the denial of Petitioner’s asylum claim even though her visa waiver case did not occur in a removal proceeding because the denial of her claim was the functional equivalent of a removal order. (Kanacevic v. INS, 5/5/06)
CA2 Rejects BIA’s Finding of Changed Circumstances in Mauritania
The court found that the BIA relied on an outdated DOS report, accepted the report’s general statements, did not make an individualized assessment of Petitioner’s situation, and failed to consider evidence contradicting the report. (Tambadou v. Gonzales, 5/3/06)
CA2 Says Presumption Arising from I-589 Signature Is Rebuttable
The court held that when challenging the accuracy of an asylum application signed under penalty of perjury, the IJ must evaluate the petitioner's explanations and determine whether the presumption under 8 CFR §208.3(c)(2) has been rebutted. (Pang v. BCIS, 5/3/06)
CA3 Finds BIA Mischaracterized Evidence and Remands Asylum Claim
The court found that the BIA mischaracterized the nature and degree of the threats faced by Petitioner and held that he established a well-founded fear in Guatemala. (Chavarria v. Gonzales, 5/3/06)
USCIS Memo on Disclosing Petitioners' Criminal Histories to Beneficiaries
A 5/3/06 memo from Robert Divine, USCIS Acting Deputy Director, addressing the concerns involved in disclosing certain information relating to petitioners' criminal histories to potential beneficiaries.
CA2 Upholds Adverse Credibility in Chinese Forced Abortion Case
The court upheld the adverse credibility finding where the material inconsistencies between Petitioner’s application and testimony were so self-evident, the IJ/BIA did not have to give Petitioner an opportunity to respond. (Ye v. Gonzales, 5/2/06)
CA8 Holds No INA §242(e)(2) Habeas Review of Reinstated Expedited Removal Order
The court held that the habeas corpus review of expedited removal orders provided by INA §242(e)(2) is not available when an expedited order is reinstated because INA §241(a)(5) bars review of the underlying order of removal. (Ochoa-Carillo v. Gonzales, 5/1/06)
CA7 Holds No Jurisdiction to Review Denial of Motion to Reopen
The court held, for purposes of INA §242(a)(2)(D), the IJ’s application of the continuous physical presence standard to the facts was not a “question of law” and no due process claim existed because extreme hardship is a discretionary element. (Cevilla v. Gonzales, 5/1/06)
Attorney General Disapproves CAT Relief for Mentally Ill Respondent
The AG found that the mentally ill pre se respondent did not show eligibility for CAT as evidence did not establish that each step in the hypothetical chain of events leading to torture is more likely than not to happen. Matter of J-F-F-, 23 I&N 912 (AG 2006)
CA3 Overturns IJ’s Credibility Finding in Scathing Opinion
The court found that substantial evidence did not support the IJ’s conclusion that Petitioner’s father was alive noting that the IJ relied on death certificates that he had excluded from evidence and that he failed to address newspaper articles regarding the death. (Shah v. Gonzales, 4/28/06)
Stories of ICE Sweeps--True or Not? (Revised 4/27/06)
Reports of new enforcement activity against employers and alleged undocumented workers, including sweeps, raids and other activity may be rumor.
DHS Unveils New Interior Enforcement Strategy
ICE news release outlines the department's new strategy to expand interior enforcement efforts. The new enforcement plan, which is the second phase of DHS's Secure Border Initiative, will target employers of undocumented aliens, immigration violators inside this country, and criminal networks.
USCIS Seeks Comments on Application for Asylum and Withholding of Removal (Form I-589)
USCIS seeks comments on Form I-589, Application for Asylum and Withholding of Removal. This is a revision of a currently approved information collection. Comments due by 6/20/06 (71 FR 20711, 4/21/06)
CA2 Finds No Abuse of Discretion in Denial of CAT Claim
The court found jurisdiction to review the denial of a continuance, upheld the IJ’s adverse credibility determination as supported by substantial evidence, and held that the BIA did not abuse its discretion in refusing to remand. (Sanusi v.Gonzales, 4/18/06)
CA7 Rules Habeas Challenges to Detention Must Name Warden As Custodian-Respondent
The court rejected Petitioner’s contention that the Attorney General, DHS Secretary, and/or ICE Field Officer Director were appropriate custodians-respondents to a habeas petition challenging present physical confinement. (Kholyavskiy v. Achim, 4/17/06)
Supreme Court Reverses Ninth Circuit Asylum Decision, Gonzales v. Thomas
The Court remanded the Ninth Circuit’s decision holding that a family may constitute a social group for asylum purposes. The Court found that because the BIA did not express an opinion on the issue, the court should have applied “the ordinary remand rule.” (Gonzales v. Thomas, 4/17/06)
CA1 Lacks Jurisdiction to Review Asylum One-Year Deadline
The court held that under the REAL ID Act, discretionary and factual determinations continue to fall outside its jurisdiction and that therefore, it lacked jurisdiction to review the determination that an asylum application was untimely. (Hayek v. Gonzales, 4/14/06)
DHS OIG Assessment of ICE’s Detention and Removal of Illegal Aliens
This April 2006 report assesses DHS’ Immigration and Customs Enforcement program for detaining and removing illegal aliens apprehended in the U.S. and at ports of entry.
Asylum Officer Basic Training Credible Fear Lesson Plan
The Asylum Office released a revised Asylum Officer Basic Training Lesson Plan on credible fear determinations dated April 14, 2006.
CA2 Rejects Adverse Credibility in Chinese Asylum Case
The court held that the IJ mischaracterized Petitioner’s testimony, improperly discredited documents, failed to apply the proper test for corroboration, and improperly speculated about Petitioner’s ability to have more children. (Lin v. Gonzales, 4/12/06)
CA10 Holds Mandatory 30-Day BIA Appeal Deadline Not Jurisdictional
The court held that the BIA cannot review a late-filed appeal if a party objects. However, if the party fails to timely object to the late filing, the objection is forfeited and the BIA can hear the appeal. (Huerta v. Gonzales, 4/11/06)
CA9 Affirms Former INS Employee’s Conviction for Document Shredding (Updated 9/21/06)
The court affirmed the conviction of a former CSC employee who, along with other CSC employees, shredded an estimated 90,000 INS documents from January to April 2002 as part of an effort to reduce the filing backlog at the CSC. (United States v. Salazar, 4/10/06)