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
BIA Discusses "Frivolous" Asylum Determinations
The BIA held that IJs must address the question of frivolousness separately and that the applicant must be given sufficient opportunity to account for any discrepancies or implausible aspects of the claim. Matter of Y-L-, 24 I&N Dec. 151 (BIA 2007)
CA5 Allows Retroactive Application of IIRAIRA’s Change to Aggravated Felony Definition
CA5 held that the denial o relief from removal was an “action taken,” as described in IIRAIRA §321(c), which compelled the IJ to utilize the retroactive definition and find Petitioner’s conviction for harboring aliens to constitute an aggravated felony. (Garrido-Morato v. Gonzales, 4/24/07)
BIA Holds Willful Failure to Register by a Sex Offender Is a CIMT
The BIA held that willful failure to register by a sex offender who has been previously apprised of the obligation to register, in violation of section 290(g)(1) of the California Penal Code, is a crime involving moral turpitude. Matter of Tobar-Lobo, 24 I&N Dec. 143 (BIA 2007)
CA10 Finds Reinstatement of Prior Removal Order Impermissibly Retroactive
The court held that where a petitioner was deported, reentered, married a U.S. citizen and was granted adjustment of status prior to the effective date of IIRAIRA, DHS may not retroactively apply INA §241(a)(5) to reinstate a prior order of removal. (Valdez-Sanchez v. Gonzales, 4/23/07)
CA2 Dismisses Petition Transferred from District Court for Lack of Jurisdiction
The court found that transfer was not available under REAL ID because the petition was not pending when the Act became effective, the petition was untimely, and no constitutional issues were raised. (Wang v. DHS, 4/19/07)
CA6 Upholds Asylum Denial but Finds Gov’t Lacks Unbridled Discretion in MTR
The court upheld the adverse credibility findings. Regarding the denial of the motion to remand based on Petitioner’s marriage to a US citizen, the court rejected the government’s argument that Velarde gives it unbridled discretion. (Sarr v. Gonzales, 4/19/07)
Judge Suspended for Denying Bail Based on Immigration Status Questions
The Kentucky Judicial Conduct Commission suspends a state trial judge for two weeks without pay for denying bail to criminal defendants solely because of questions about their immigration status. Courtesy of Charles R. Baesler, Jr.
CA7 Finds IJ Erred in Finding Salvadoran Asylum Applicant Is a Persecutor
The court found that the BIA and the courts had not addressed the question of whether mere presence at the scene of persecution constitutes participation. It found that Petitioner’s denial of asylum is not compelled where the trial for murder was a “farce.” (Doe v. Gonzales, 4/17/07)
Section-by-Section Summary of the STRIVE Act (Working Draft, Updated 4/16/07)
Section-by-section summary of the Security Through Regularized Immigration and a Vibrant Economy (STRIVE) Act of 2007 (H.R. 1645), prepared by AILA and the National Immigration Forum.
CA5 Holds Counsel’s Advice Not to Appear Warrants Rescission of In Absentia Order
The court held that the BIA failed to follow its own precedent holding that a failure to appear, which results from erroneous advice provided by an attorney or representative, may constitute an “exceptional circumstance.” (Galvez-Vergara v. Gonzales, 4/16/07)
CA3 Overturns Adverse Credibility Finding in Nigerian Asylum Claim
The court found that the inconsistencies cited by the IJ led it to conclude that the IJ failed to take into account persuasive evidence that not only explained the inconsistencies, but also supported Petitioner’s claim of persecution. (Chukwu v. Gonzales, 4/13/07)
BIA Holds IJ Reacquires Jurisdiction in Remanded Proceedings
The BIA held that when a case is remanded to an IJ for completion of the appropriate background checks, the IJ is required to enter a final order granting or denying the requested relief. Matter of M-D-, 24 I&N Dec. 138 (BIA 2007)
CA8 Holds LPR Originally Admitted as Refugee is Subject to Removal
The court joined CA3 and CA9 in holding that a person who enters the U.S. as a refugee, adjusts his status to lawful permanent resident and is thereafter convicted of a removable crime, is subject to removal even though his refugee status was never terminated. (Xiong v. Gonzales, 4/12/07)
AILA Liaison/EOIR Q&As (4/11/07)
The EOIR provides answers to AILA Liaison agenda item questions from a 4/11/07 meeting (approved by EOIR in early October). Topics include BIA streamlining reforms, stipulated removal orders, EOIR's Free Legal Services Provider List, continuances for SIJS, transcripts, and BIA filing issues.
CA3 Finds No Jurisdiction Over Challenge to the 1-Year Asylum Deadline Veiled as Due Process Claim
The court rejected Petitioner’s attempt to recast his factual challenge as a due process claim and found no jurisdiction to review the BIA’s refusal to excuse his failure to comply with the one-year asylum deadline. (Jarbough v. Att’y Gen. of the U.S., 4/11/07)
CA11 Holds Adjustment of Status Under INA §245(i) is Discretionary
The court held that the Attorney General may deny a §245(i) adjustment application as a matter of discretion, even if the applicant is statutorily eligible. (Usmani v. U.S. Att’y Gen., 4/10/07)
CA3 Finds Jurisdiction to Review Asylum Claim by VWP Entrant
The court held that a denial of a Visa Waiver Program entrant’s application for asylum, withholding, and CAT relief constitutes a “final order of removal” within the meaning of INA §242(a)(1), and is therefore subject to circuit court review. (Shehu v. Att’y Gen. of the U.S., 4/9/07)
CIS Ombudsman’s Office Recommendations Regarding Deferred Action
CIS Ombudsman’s Office 4/6/07 recommendations to USCIS regarding deferred action including increased posting of general information on deferred action on USCIS’s website and maintenance of statistics on the issuance and denial of requests.
CA7 Finds BIA Abused Discretion in Denying MTR Ethiopian Asylum Claim
The court held that the BIA gave no reasoned explanation for its finding that Petitioner had not provided evidence of changed conditions in Ethiopia. (Gebreeyesus v. Gonzales, 4/6/07)
BIA Discusses North Korean Human Rights Act of 2004
The BIA held that the North Korean Human Rights Act of 2004 does not apply to North Koreans who have availed themselves of the right to citizenship in South Korea. Matter of K-R-Y- and K-C-S-, 24 I&N Dec. 133 (BIA 2007)
Due Process: A Matter of Life and Liberty
Donna Lipinski, AILA Associate Director of Advocacy, Family and Due Process, answers “What does ‘due process’ mean?” and explains why due process is an essential element that must be part of any meaningful comprehensive reform legislation.
BIA Holds Trafficking in Counterfeit Goods is CIMT
The BIA held that the offense of trafficking in counterfeit goods or services in violation of 18 U.S.C. § 2320 (2000) is a crime involving moral turpitude. Matter of Kochlani, 24 I&N Dec. 128 (BIA 2007)
CA7 Vacates Asylum Denial Due to IJ’s Bias in Religious Persecution Case
The court found that the IJ manifested a clear bias against Petitioners and that Petitioners were denied a reasonable hearing when they were labeled religious “zealots” by the IJ who also found that their exercise of religion was “offensive.” (Floroiu v. Gonzales, 4/2/07)
CA8 Finds IJ’s Bias Requires Remand in Albanian Homosexual Asylum Case
The court held that the IJ’s credibility finding was not supported by substantial evidence and noted that the BIA excised certain findings by the IJ, but found that the BIA did not explain how the remaining findings were not tainted by the IJ’s bias. (Shahinaj v. Gonzales, 4/2/07)
CA8 Upholds BIA’s MTR Denial for Failure to Show Lack of Relocation Option
CA8 found that there was no evidence that the North Sulawesi region of Indonesia was unsafe for Christians and that the BIA did not abuse its discretion in denying the motion to reopen.(Poniman v. Gonzales, 4/2/07)