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
CA3 Finds Gay Argentine Suffered Past Persecution by Police
The court found that the treatment Petitioner suffered at the hands of the police, which occurred at least 20 times over several years, was persecution, even though he did not suffer severe injuries nor was he ever detained more than 12 hours. (Maldonado v. Atty. Gen. of U.S., 7/18/06)
CA3 Discusses “Particularly Serious Crime” Bar to Withholding of Removal
The court held that an offense must be an aggravated felony in order to be classified as a particularly serious crime and that the IJ erred in failing to consider only the loss attached to the fraud count for which Petitioner was convicted. (Alaka v. Att’y Gen. of the U.S., 7/18/06)
CA9 Remands Motion to Reopen for BIA Abuse of Discretion
The court held that the BIA’s failure to identify and evaluate the factors favorable to Petitioner’s motion to reopen, which presented new evidence of hardship for cancellation of removal, was an abuse of discretion. (Franco-Rosendo v. Gonzales, 07/18/06)
CA2 Finds Record Shows Worsening Conditions in Belarus
The court held that the IJ and BIA erred in overlooking evidence that conditions in Belarus deteriorated between 1996 and 2000 and remanded the withholding claim. (Serafimovich v. Ashcroft, 7/17/06)
CA6 Invalidates Conviction For Failure to Prove Vacatur Solely for Immigration Purposes (Updated 11/14/06)
The court remanded the case to the BIA to vacate Petitioner’s order of removal, holding that the government had not met its burden of establishing by clear and convincing evidence that Petitioner’s conviction remained valid for immigration purposes. (Pickering v. Gonzales, 10/4/06)
CA7 Refuses to Apply Fugitive Disentitlement Doctrine to Person in Custody
The court denied the government’s motion to dismiss under the fugitive disentitlement doctrine because Petitioner had surrendered to immigration authorities and remained in DHS custody. (Gutierrez-Almazan, 7/17/06)
ICE Memo on Confiscation and Return of Original Documents
This July 14, 2006 memorandum from John P. Torres, Acting Director of the Immigration and Customs Enforcement, Office of Detention and Removal Operations, outlines the procedures for confiscation and return of original documents for persons in removal proceedings.
BIA to Follow Revised Practice Regarding First Briefing Extensions
BIA notice advising on revised general practice regarding briefing deadlines for cases before the Board where the individual is detained, reducing the amount of time granted for first briefing extensions in detainee cases and the number of extension requests allowed. (71 FR 40151, 7/14/06)
USCIS Letter on Running of INA § 212(a)(9)(B) Inadmissibility Period
A 1/26/09 letter from Lynden Melmed, USCIS Chief Counsel and a 7/14/06 letter from Robert Divine, USCIS Chief Counsel, confirm when the INA §212(a)(9)(B) inadmissibility period begins to run, and how the period is affected by parole or lawful admission under INA §212(d)(3).
CA2 Finds No Jurisdiction to Review Denial of §212(i) Waiver
The court held that for purposes of a waiver under INA §212(i), a finding of a lack of extreme hardship is a discretionary determination, which is barred from judicial review under INA §242(a)(2)(B)(i). (Zhang v. Gonzales, 7/12/06)
BIA Affirms Asylum for Former Child Soldier
In an unpublished decision, the BIA affirmed the IJ’s decision to grant asylum, noting the respondent established a well-founded fear of persecution based on his Acholi tribal membership, as well as the possibility he could be identified as a former child soldier.
CA2 Remands for BIA to Develop Standards on “Frivolousness”
The court found that substantial evidence supported the negative credibility finding but remanded the IJ’s finding of frivolousness and asked the BIA to formulate standards for deciding when an asylum seeker’s application is frivolous. (Liu v. DOJ, 7/11/06)
USCIS Memo on Issuance of NTAs
A 7/11/06 memo from Michael Aytes, USCIS Associate Director, Domestic Operations, advising of an agreement with ICE regarding issuing an NTA and handling cases in which the beneficiary or applicant appears to be removable, including where benefit applications have been denied.
CA5 Holds No Jurisdiction to Review “Extreme Cruelty” Determination
CA5 held that INA §242(a)(2)(B) barred jurisdiction to review the IJ’s discretionary determination that Petitioner had not suffered “extreme cruelty” by her USC spouse for purposes of “special rule” cancellation of removal under INA §240A(b)(2)(A)(i)(I). (Wilmore v. Gonzales, 7/5/06)
Sentencing Advisory Guidelines Letter
Sample letter to U.S. Attorney requesting information germane to sentencing under advisory guidelines—should Defendant be convicted as charged—to advise Defendant on consequences of pleading guilty or requesting trial. (Criminal Procedure; Discovery or Supplementing Certified Administrative Record)
CA2 Reverses IJ’s Fake Document Finding in Chinese Asylum Claim
The court held that the IJ engaged in speculation and made improper inferences in concluding that Petitioner’s 1989 and 1998 marriage certificates were fake. (Li v. INS, 6/29/06)
CA2 Remands Chinese Asylum Claim Due to IJ Bias and Hostility
The court found that apart from flaws in the adverse credibility finding, remand was required because of the IJ’s hostility, noting that the IJ’s questioning was inappropriate and indicated a bias toward Chinese witnesses. (Huang v. Gonzales, 6/29/06)
BIA Finds Derivative Citizenship Where Paternity Not Legitimated By Marriage
The BIA held that where the respondent was born out of wedlock in Guyana and his natural parents were never married, his paternity was not established through legitimation, so he is not ineligible to obtain derivative citizenship. Matter of Lawrence Rowe, 23 I&N Dec. 962 (BIA 2006)
CA2 Reconciles Case Law on BIA Remands
The court reconciled two precedent decisions on when remand to the BIA would be futile, finding remand not appropriate when the court is confident that the agency would reach the same result upon a reconsideration cleansed of errors. (Lin v. Gonzales, 6/28/06)
CA11 Holds BIA Abused its Discretion in Summarily Dismissing Appeal
The court held that where the notice of appeal sets forth its basis, the BIA erred in summarily dismissing it solely because Petitioners indicated that they would file a supporting brief, but failed to do so or offer an explanation for not doing so. (Esponda v. U.S. Att’y Gen., 6/28/06)
CA11 Holds a Timely Filed Motion to Reopen Tolls Voluntary Departure Period
The court held that a timely filed motion to reopen tolls the period of voluntary departure to afford the opportunity for a ruling on the merits of the motion, without jeopardizing eligibility for benefits sought by overstaying the voluntary departure period. (Ugokwe v. Att’y Gen., 6/28/06)
EOIR OPPM 06-01: Fee Waiver Form
EOIR issues Interim Operating Policies and Procedure Memorandum (OPPM) 06-01: Fee Waiver Form, which requires Immigration Judges use the attached standard fee waiver order whenever waiving a fee, including in detained cases, pursuant to 8 CFR § 1003.24(d).
CA3 Holds a Person Already Removed from the U.S. Is Not “In Custody” for Habeas Jurisdiction
The court held that the district court lacked jurisdiction over a habeas petition filed after the petitioner had been removed from the U.S. because he was not “in custody” of DHS. (Kumarasamy v. Att’y Gen. of the U.S., 6/23/06)
CA3 Finds Jurisdiction to Stay Voluntary Departure Period
The court found jurisdiction to grant a stay of the voluntary departure period because there is no indication that Congress intended to eliminate such jurisdiction. (Obale v. Att’y Gen. of the U.S., 6/22/06)
Supreme Court Upholds Retroactive Application of Reinstatement of Removal (Updated 7/7/06)
The Court held INA §241(a)(5) applies to persons who illegally reentered prior to the effective date of IIRIRA and did not take any affirmative steps towards legalizing status, but declined to decide whether the provision applies retroactively. (Fernandez-Vargas v. Gonzales, 6/22/06)