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
Immigration Law Advisor, February 2007 (Vol. 1, No. 2)
Immigration Law Advisor with an article on misdemeanor assault, battery, and harassment as crimes of violence, an article on the high dismissal rate of petitions for review, federal court activity and recent BIA decisions for January 2007, and a regulatory update.
BIA Holds TPS Can Be Asserted in Removal Proceedings
The BIA held that Temporary Protected Status can be asserted in removal proceedings, even if AAU previously denied application. Matter of Barrientos, 24 I&N Dec. 100 (BIA 2007)
CA7 Refuses to Allow Late Filed Motion to Reopen for §212(c) Relief
Petitioner’s special motion to reopen for consideration of his application for §212(c) relief was filed after the 4/26/05 deadline imposed by 8 CFR §1003.44(h), and thus the petition for review was denied.(Johnson v. Gonzales, 2/28/07)
CA2 Finds Sexual Assault Was Motivated by Protected Ground
The court found that the beatings and sexual assault were motivated in part by an imputed political opinion and Petitioner’s Tamil ethnicity and that the assault cannot be viewed as simply a criminal act. (Rizvie v. Gonzales, 2/28/07)
Published Notice on FOIA Processing Track for Those Appearing Before an IJ
Effective 3/30/07, a third FOIA request processing track will be established for individuals appearing before an immigration judge. (72 FR 9017, 2/28/07)
USCIS Press Release on New NTA FOIA Request Track
A 2/28/07 USCIS Press Release announced the launch of a new FOIA request track for individuals who are scheduled to appear before an IJ. Cases in which an IJ has issued a final order or those in which an appeal has been filed with the BIA will not be included in the new NTA FOIA request track.
USCIS Issues FOIA Fact Sheet
A 2/28/07 USCIS FOIA Fact Sheet, describes the three FOIA request processing tracks. Guidelines are provided on the information and documentation required to place a request in the new Notice to Appear track, effective 3/30/07.
DHS Testimony on Immigration Reform before the Senate Judiciary Committee
On 2/28/07, Department of Homeland Security Secretary Michael Chertoff will testify before the Senate Judiciary Committee regarding comprehensive immigration reform.
CA6 Finds No Abuse of Discretion in BIA Denial of Motions to Reopen and Reconsider
CA6 held that absent evidence of an I-130, Petitioner failed to establish prima facie eligibility for adjustment of status. Because new evidence was introduced, the motion will be treated as a second motion to reopen which is barred by statute and regulation. (Alizoti v. Gonzales, 2/26/07)
CA3 Remands for Analysis of “Particularly Serious Crime” Bar to CAT Relief
The court remanded to the BIA, finding that the IJ failed to discuss why Petitioner’s conviction did not meet the requirements for an exception to the particularly serious crime presumption. (Lavira v. U.S. Att’y Gen., 2/26/07)
CA6 Dismisses Appeal Under Fugitive Disentitlement Doctrine
After filing the petition for review, Petitioner failed to report for removal despite a lawful order requiring him to do so. The court dismissed Petitioner’s appeal of the BIA’s denial of his motion to reopen under the fugitive disentitlement doctrine. (Garcia-Flores v. Gonzales, 2/23/07)
CA8 Finds Lack of Jurisdiction to Review Timeliness of Asylum Application
The court found that it was precludedfrom reviewing the timeliness of an asylum applicatio, and noted that it was granted limited jurisdiction under REAL ID Act to review constitutional claims or errors of law, but that the date of entry was a factual finding. (Yakovenko v. Gonzales, 2/23/07)
CA8 Remands Mexican CAT Claim to BIA
CA8 noted that the BIA is required to defer to the factual findings of the IJ unless they are clearly erroneous and the Board did not find clear error in the IJ’s finding that Petitioner was likely to be tortured by Mexican officials. Case remanded to BIA. (Ramirez-Peyro v. Gonzales, 2/23/07)
CA11 Reverses IJ’s Finding that Petitioner Was Convicted of an Aggravated Felony
CA11 held that the IJ erred in concluding that the restitution order was evidence of the loss needed to transform a fraud conviction into an aggravated felony. The restitution order was based on facts that were not charged, proven or admitted. (Obasohan v. U.S. Att’y Gen., 2/23/07)
CA4 Finds IJ’s Jurisdiction Over AOS Applications Encompasses INA §204(j)
CA4 held that statutory jurisdiction over adjustment of status is unambiguously vested in the IJ and encompasses jurisdiction to determine whether an approved visa petition remains valid under INA §204(j) when the beneficiary changes employment. (Perez-Vargas v. Gonzales, 2/22/07)
CA2 Finds Late Arrival to Court Did Not Constitute a Failure to Appear
The court held that Petitioner’s arrival to court 15 minutes late was “brief and innocent” and did not constitute a failure to appear under INA §240(b)(5)(A). (Abu-Hasirah v. DHS, 2/22/07)
CA2 Remands for Reconsideration Following Disbarment of Attorney
The court held that in rejecting Petitioner’s claim of ineffective assistance, the BIA erred in failing to address the fact that Petitioner’s counsel was disbarred after the IJ proceedings. (Yang v. Gonzales, 2/22/07)
CA9 Revises its Interpretation of “Questions of Law” Under INA §242(a)(2)(D)
On rehearing, the court held that its jurisdiction over “questions of law” under INA §242(a)(2)(D) includes not only issues of statutory interpretation, but alsothe application of statutes or regulations to undisputed facts. (Ramadan v. Gonzales, 2/22/07)
BIA Finds Money Laundering in Violation of NY Penal Law is CIMT
The BIA dismissed appeal and reaffirmed decision holding that the offense of money laundering in violation of section 470.10(1) of the New York Penal Law is a crime involving moral turpitude. Matter of Tejwani, 24 I&N Dec. 97 (BIA 2007)
BIA Addresses Failure to Depart Penalty and its Exceptions
The BIA held that it lacked authority to apply “exceptional circumstances” exception to penalty provisions for failure to depart within time period for voluntary departure and defined a circumstance where one did not voluntarily fail to depart. Matter of Zmijewska, 24 I&N Dec. 87 (BIA 2007)
CA3 Holds PA Controlled Substance Conviction Is Not an Aggravated Felony
The court held that a conviction under 35 Pa. Cons. Stat. Ann. §780-113(a)(30), which criminalizes the “manufacture, delivery or possession with intent to manufacture or deliver, a controlled substance” cannot constitute an aggravated felony. (Jeune v. Att’y Gen. of U.S., 2/20/07)
CA3 Upholds Asylum Denial of Angolan Army Officer
The court held that Petitioner’s five-day detention during which he sustained an injury to his jaw did not amount to persecution and that he failed to establish a well-founded fear where the record showed he had always been valued and trusted by the Angola army. (Kibinda v. Gonzales, 2/20/07)
CA11 Vacates Opinion in Colombian Kidnapping Case Removing Key Language
CA11, upon sua sponte reconsideration, vacated its prior decision, see AILA InfoNet Doc. No. 07011962, and substituted an almost identical opinion in its place. The court removed key language that “being held against one’s will” is “clearly persecution. (Ruiz v. U.S. Atty. Gen., 2/20/07)
CA9 Finds Petitioner Was Denied His Statutory Right to Counsel
The court held that Petitioner did not properly waive his right to counsel and that he was denied this right when the IJ refused to continue proceedings to allow him to appear with his attorney. (Hernandez-Gil v. Gonzales, 2/16/07)
CA7 Upholds IJ’s Adverse Credibility Finding in Ukrainian Asylum Claim
CA7 upheld the IJ’s adverse credibility determination, noting that Petitioner was unable to explain an inconsistency in his testimony, omissions from his asylum application were significant, and he failed to submit sufficient corroborating evidence. (Shmyhelskyy v. Gonzales, 2/15/07)