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
Letter from AILA to Attorney General Gonzales Regarding Due Process in Removal Proceedings
Letter from AILA President Deborah Notkin to Attorney General Gonzales outlining AILA concerns about due process in removal proceedings and BIA Affirmance Without Order review, and commending the AG for his new program to review the conduct of removal proceedings and BIA review proceedings.
AILA Welcoming the Attorney General's Review of Immigration Judges and BIA Processes
AILA strongly commends Attorney General Gonzales’ announcement that he is launching a comprehensive review of the immigration courts, including the Board of Immigration Review.
Attorney General Issues Memorandum to BIA
In a January 9, 2006, memorandum to the Board of Immigration Appeals, Attorney General Alberto Gonzales directs the development of a comprehensive review of the immigration courts and the BIA, including the quality of work and the manner in which it is performed.
Attorney General Issues Memorandum to Immigration Judges
In a January 9, 2006, memorandum to Immigration Judges, Attorney General Alberto Gonzales directs the development of a comprehensive review of the immigration courts, including the quality of work and the manner in which it is performed.
CA5 Holds No Right to Procedural Protections in a Motion to Reopen Hearing
The court held that INA §240 governs removal proceedings, not motion to reopen proceedings, and that Petitioner has no constitutionally protected liberty interest in a discretionary motion to reopen. (Altamirano v. Gonzales, 1/5/06)
CA2 Remands Withholding, Finds IJ Ignored Testimony
The court remanded Petitioner's claim of withholding from the Republic of Georgia because the IJ failed to consider the harm Petitioner suffered. (Ivanishvili v. Gonzales, 1/5/06)
CA2 Says Transporting Women to Forced Abortions Is Assisting in Persecution
The court found that the IJ correctly concluded that Petitioner’s actions in transporting captive women to undergo forced abortions was assistance in persecution and therefore, a bar to asylum. (Xie v. Gonzales, 1/5/06)
CA5 Upholds Validity of NTA Signed By DHS Officer Who Is Not Authorized to Issue NTAs
The court upheld the government’s interpretation of 8 CFR §239.1 allowing unauthorized officers to initially sign and serve an NTA so long as the officer later obtains approval from an authorized official. (Ali v. Gonzales, 1/4/06)
CA4 Finds General Challenge to Denial of Adjustment is Not Reviewable
Although it acknowledged that it would have jurisdiction to review a legal or constitutional challenge to the denial of an adjustment application, the court found that Petitioner’s petition failed to present such a challenge. (Higuit v. Gonzales, 1/3/06)
CA3 Notes that BIA Decision Ordering Remand Is Not Final
In a footnote, the court said that the BIA’s first order affirming removability but remanding to allow Petitioner to pursue relief was not final for purposes of judicial review until remand proceedings were completed and the BIA ruled on the second appeal. (Singh v. Gonzales, 1/3/06)
CA9 Finds Likelihood that USC Daughter Would Be Subjected to FGM Requires Remand of Parents’ Claim
The en banc court found that the probability a US citizen child would be subjected to female genital mutilation (FGM) greatly exceeded the threshold required for asylum eligibility, but remanded re whether her parents could derivatively qualify for asylum. (Abebe v. Gonzales, 12/30/05)
CA9 Concludes Record of Conviction for “Grand Theft” Under California Law is Aggravated Felony
Though the CA law under which Petitioner was convicted for “Grand Theft” proscribed conduct broader than for “theft” for an INA aggravated felony, the record showed a guilty plea to all of the elements of the generic aggravated felony “theft” offense. (Martinez-Perez v. Ashcroft, 12/29/04)
CA3 Upholds Asylum Denial Based on Lack of Corroboration
The court found that the IJ clearly identified facts for which it was reasonable to expect corroboration and noted that under the REAL ID Act it could not reverse the IJ’s determination unless it concluded that corroborating evidence was unavailable. (Chen v. Gonzales, 12/29/05)
CA7 Finds Error in Allowing Government’s Document Expert to Testify in Albanian Asylum Case
The court, in finding that the government’s document expert should not have been permitted to testify, held that “junk science” has no place in administrative proceedings.(Pasha v. Gonzales, 12/29/05)
CA2 Uses Airport Interview to Uphold Negative Credibility Finding
The court noted that it exercises caution when reviewing airport statements, but found no indication that Petitioner’s statement was coerced, truncated, or mistranslated. (Guan v. Gonzales, 12/23/05)
Senate Passes Unaccompanied Alien Child Protection Act
On 12/22/05, the Senate amended and passed the Unaccompanied Alien Child Protection Act (UACPA) of 2005 (S. 119), sponsored by Sen. Dianne Feinstein (D-CA). A House companion bill (H.R. 1172) has not yet been acted upon.
CA1 Finds No Jurisdiction to Review One-Year Asylum Deadline
The court held that it lacked jurisdiction to decide whether Petitioner timely filed for asylum because the INA bars judicial review and the REAL ID Act only restored jurisdiction for constitutional claims and questions of law. (Mehilli v. Gonzales, 12/22/05)
Permanent Injunction to Require Issuance of Documentation
A California District Court entered a permanent injunction requiring the DHS to issue documentation of lawful status within a set time period after a class member appears at their local USCIS office and requests documentation. (Santillan v. Gonzales, 12/22/05)
CA3 Decides When a Vacated Conviction Remains a Conviction
The court concluded that the BIA may reasonably draw a distinction between convictions vacated based on “substantive” or “rehabilitative” grounds, and established a categorical test to guide this determination. (Pinho v. Gonzales, 12/20/05)
CA8 Lacks Jurisdiction Over Asylum Denial Based on One-Year Asylum Deadline
The court said it lacked jurisdiction to review the denial of a hardship waiver application. The court also found that “extraordinary circumstances” did not exist to excuse an asylum application filed late. (Ignatova v. Gonzales, 12/19/05)
House Passes Harsh, Enforcement-Only Bill That Would Criminalize 11 Million Immigrants
On 12/16/05, the House completed consideration of Rep. Sensenbrenner’s (R-WI) enforcement-only bill, the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (H.R. 4437). AILA believes this bill is disappointing and disastrous for both immigrants and U.S. citizens.
Top 10 “Poison Pills” in H.R. 4437
AILA’s list of the top 10 “Poison Pills” in the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (HR 4437), as amended and passed by the House on 12/16/05.
Section-by-Section Summary of HR 4437, as Amended and Passed by the House
AILA’s section-by-section summary of the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (HR 4437), as amended and passed by the House on 12/16/05. This egregious, enforcement-only legislation passed the House by a vote of 239-182.
Congressional Budget Office’s Cost Estimate for H.R. 4437
The Congressional Budget Office has issued a cost estimate for the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (H.R. 4437), as ordered reported by the House Judiciary Committee on 12/8/05.
Update on the Immigration Court in New Orleans
EOIR advises that the Immigration Court in New Orleans is scheduled to reopen.