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
CA2 Says IJ Erred in Denying Asylum for Lack of Doctrinal Knowledge
The court held that the IJ erred in finding Petitioner lacked credibility due to his limited knowledge of Christian doctrine without assessing the genuineness of his Christian beliefs. (Rizal v. Gonzales, 3/21/06)
CIS Ombudsman’s Recommendation on NTA Issuance
CIS Ombudsman’s 3/20/06 recommendation that USCIS standardize its policy on issuing Notices to Appear (NTAs) to provide that NTAs be issued and filed with the immigration court in all cases where, as a result of adjustment of status denial, the applicant is out of status.
CA2 Finds No Well-founded Fear of Persecution in China
The court denied asylum where Petitioner based his claim on the fear that he would be arrested and sent to a labor camp for twice distributing pro-democracy flyers when he was 16 years old. (Lin v. Gonzales, 3/17/06)
CA9 Holds That Applicants for Admission, Including Asylum Seekers, Cannot Be Indefinitely Detained
The court held that the indefinite detention of applicants for admission “is unreasonable, unjustified, and in violation of federal law,” and granted Petitioner’s motion for immediate release under FRAP 23(b). (Nadarajah v. Gonzales, 3/17/06)
Section-by-Section Summary of S. 2454
A section-by-section summary of the Securing America’s Borders Act (S. 2454), introduced by Senate Majority Leader Bill Frist (R-TN) on March 16. The summary was prepared by Frist’s office.
Text of the Securing America’s Borders Act
Text of the Securing America’s Borders Act (S. 2454), introduced by Senate Majority Leader Bill Frist (R-TN) on 3/16/06.
CA2 Finds No Jurisdiction to Review Denial of Adjustment and §212(h) Waiver
The court held that INA §242(a)(2)(B)(i) barred review of the denial of an application for adjustment of status and §212(h) waiver because such denials are committed to the Attorney General’s discretion. (Bugayong v. INS, 3/15/06)
CA2 Rejects Adverse Credibility Determination in Russian Asylum Claim
The court found that six of the seven bases given by the IJ for his adverse credibility determination were erroneous, and noted that the IJ’s decision contained misstatements of Petitioner’s testimony and flawed reasoning. (Pavlova v. INS, 3/14/06)
CA9 Vacates Motion to Reopen Denial Issued Before the End of the 90-Day Filing Period (Updated 4/10/06)
The court struck down the BIA’s summary denial of a skeletal motion to reopen, in which counsel indicated an intention to file a brief and additional documentation, before the end of the 90-day filing window. (Yeghiazaryanv v. Gonzales, 3/10/06)
EOIR's Automated Telephone Case Status Information System
EOIR notice discusses how to access the automated telephone case status information system.
EOIR Attempts to Justify 2002 Restructuring
Release from the Executive Office for Immigration Review attempts to justify the the "streamlining" provisions implemented in 2002.
BIA Finds that Adjustment Can Not Be Based on a Previously Used Visa Petition
The BIA held that an application for adjustment of status cannot be based on an approved visa petition that has already been used by the beneficiary to obtain adjustment of status or admission as an immigrant. Matter of Villarreal-Zungia, 23 I&N Dec. 886 (BIA 2006)
EOIR Notice Regarding Freedom of Information Act (FOIA) Requests
EOIR notice provides information about submitting Freedom Of Information Act (FOIA) requests.
CA9 Says Statutory Rape is Not a Per Se Crime of Violence (Updated 4/10/06)
The court held that, where the minor consents, a conviction for statutory rape under California Penal Code §261.5(c) is not a crime of violence because it does not involve a substantial risk of violence in its commission. (Valencia v. Gonzales, 3/6/06)
CA9 Holds Voluntary Departure Must Be “Knowing and Voluntary” Before it Breaks Continuous Physical Presence
Voluntary departure only breaks continuous physical presence for cancellation purposes when there is substantial evidence of the order and the person has knowingly and voluntarily consented to, the terms of the VD agreement. (Ibarra-Flores v. Gonzales, 3/6/06)
Sign-On Letter to Senate Opposing Provisions in Chairman’s Mark That Would Harm Asylum Seekers
Letter signed by 84 organizations and 117 individuals and delivered to the Senate on 3/6/06, opposing provisions in the Chairman’s Mark that would harm “vulnerable populations, including asylum-seekers, children, trafficking victims, and others seeking protection in the United States.”
CA2 Says Women Sold into Marriage in China Is a Social Group
The court found that women who have been sold into marriage and who live in a part of China where forced marriages are considered valid and enforceable is a particular social group for purposes of asylum. (Gao v. Gonzales, 3/3/06)
CA8 Says Pre-IIRIRA Advance Parole Regulation is Not Ultra Vires to Suspension of Deportation Provision
The court rejected Petitioner’s claim that the advance parole regulation, which mandated placement in exclusion proceedings thus preventing him from seeking suspension of deportation, was ultra vires to the suspension provision.(Geach v. Chertoff, 3/3/06)
CA8 Upholds Decision that Catholic Indonesian Did Not Suffer Past Persecution and Does Not Have a Well-Founded Fear
The court held that past persecution does not normally include unfulfilled threats of physical injury. The court also found the IJ did not err with regard to his well-founded fear finding because the harm feared was not nationwide. (Setiadi v. Gonzales, 3/3/06)
CA7 Holds a Petition for Review That Only Impacts Duration of Inadmissibility Is Ripe and Aggravated Discharge of a Firearm Is Crime of Violence
Where Petitioner conceded removability for a firearms offense but disputed the offense was a crime of violence, the court concluded the case was ripe for judicial review because resolution would determine the length of Petitioner’s future inadmissibility. (Quezada-Luna v. Gonzales, 3/3/06)
CA9 Addresses Interplay Between Discretionary Bar to Judicial Review and Motion to Reopen Denials
The court found it lacked jurisdiction to review the BIA’s denial of a motion to reopen where the BIA had previously made an adverse discretionary determination concerning relief enumerated in INA §242(a)(2)(B)(i). (Fernandez v. Gonzales, 3/2/06)
US ICE Publishes New Organizational Chart
US ICE Organizational Chart as of January 2006.
CA8 Reviews Denial of Motion to Rescind 1995 In Absentia Order for Lack of Notice of the Hearing
The court refused to consider affidavits attesting to lack of notice to determine whether Petitioner overcame the presumption of effective service because they were not submitted to the IJ and its review was limited to the record. (Rodriguez-Cuate v. Gonzales, 2/24/06)
CA9 Says §245(i) AOS Trumps Inadmissibility under INA §212(a)(9)(C)(i)(I)
Relying on Perez-Gonzalez, CA9 held that Petitioner is eligible for adjustment of status under INA §245(i) despite inadmissibility under INA §212(a)(9)(C)(i)(I) for having illegally reentered after having accrued more than a year of unlawful presence. (Acosta v. Gonzales, 2/23/06)
CA2 Denies Motion to Reinstate Petition for Review
The court acknowledged its authority to reinstate a petition for review “where manifest injustice would otherwise result,” but denied the motion because it concluded the petition for review was meritless. (Valbrun v. Gonzales, 2/22/06)