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
DHS Corrects Earlier Notice on Chicago Lockbox Filings
DHS corrects and clarifies its 11/19/04 notice regarding certain Chicago Lockbox filings in the Direct Mail Program. (70 FR 73254, 12/09/05)
CA4 Rejects Argument that Review of Denial of Motion to Remand for Non-LPR Cancellation is Barred
CA4 points out that the BIA, in denying the motion to remand, did not actually consider or deny an application for cancellation of removal or the other form of discretionary relief enumerated in §242(a)(2)(B)(i). (Obioha v. Gonzales, 12/8/05)
CA9 Addresses Seven Year Residence Requirement for Cancellation of Removal
Petitioner met the continuous residence "after having been admitted in any status” requirement for purposes of cancellation because his mother’s earlier admission for permanent resident status while Petitioner was an unemancipated minor was imputed him. (Cuevas-Gaspar v. Gonzales, 12/7/05)
CA9 Holds Border "Turn Around" Does Not Interrupt Continuity of Presence
CA9 held that a short departure from the U.S., such as a brief return to the native country for family reasons, does not necessarily interrupt the accrual of physical presence for purposes of cancellation of removal. (Tapia v. Gonzales, 12/6/05).
CA9 Denies Government’s Request for Rehearing En Banc in Asylum Case Involving Disabled Russian Child
CA9 denied the petition for a rehearing en banc. Seven judges dissented, stating that the case had profound implications and that by allowing the harms suffered by a child to be imputed to the parent, the panel had created a reverse derivative asylum claim. (Tchoukhrova v. Gonzales, 12/5/05)
CA9 Rejects Asylum Claim of Chinese Christian Giving Little Weight to Hearsay Evidence (Updated 9/8/06)
The Court found that Petitioner failed to demonstrate past persecution well-founded fear, and that where an applicant’s testimony consists of hearsay evidence, the statements by the out-of-court declarant may be accorded less weight by the trier of fact. (Gu v. Gonzales, 12/1/05)
CA5 Finds IJ Abused Discretion by Failing to Grant Reopening for Lack of Notice
Where hearing notice was sent by regular mail (not certified mail), the IJ erred by presuming effective service and by failing to give adequate evidentiary weight to the affidavits of Petitioner and counsel attesting to nondelivery. (Maknojiya v. Gonzales, 12/1/05)
AILA Practice Alert: I-90 Interviews
Tip from the field on important developments in the I-90 interview.
CA2 on Economic Persecution
The court upheld the IJ’s determination that the economic harm suffered by Petitioner, including dismissal from a university and employment in a factory for over 20 years, did not constitute persecution. (Damko v. Gonzales, 11/30/05)
CA7 Vacates Removal Order Against AOS Eligible Alien
Criticizing the government’s handling of such cases, CA7 vacated an order of removal against a noncitizen who complied with all the requirements for an adjustment application and was merely awaiting the adjudication of his U.S. citizen wife’s visa petition. (Benslimane v. Gonzales, 11/30/05)
DHS Requests Comments on I-212 Information Collection Request
DHS extends comment period on information collection request regarding Form I-212, Application for Permission to Reapply for Admission Into the U.S. After Deportation or Removal. Comments due 12/28/05. (70 FR 71328, 11/28/05)
White House Outlines Proposal for Immigration Reform
Release from the White House outlining President Bush's three-part plan regarding comprehensive immigration reform.
President's Remarks on Immigration Reform
Transcript of President's 11/28/05 remarks regarding immigration reform.
CA3 Finds IJ’s Adverse Credibility Determination Was Erroneous
The court found that even though it must afford substantial deference to the IJ's adverse credibility finding, the contradiction between the doctor’s note and the petitioner’s testimony was created by the IJ’s own strained interpretation of the note. (Butt v. Gonzales, 11/23/05)
CA10 Affirms VAWA Cancellation Denial
The court held it lacked jurisdiction under INA §242(a)(2)(B) to review Petitioner’s claims that the BIA erred in finding she failed to establish “extreme cruelty.” (Perales-Cumpean v. Gonzales, 11/25/05)
BIA Recognizes Trial Court Modification of Criminal Sentence for Immigration Purposes
The BIA held that a trial court’s decision to modify or reduce a criminal sentence nunc pro tunc is entitled to full faith and credit by IJs and the BIA and is valid for immigration purposes without regard to the reason for the modification or reduction. (Matter of Cota, 11/18/05)
CA9 Says Voluntary Departure Period Is Automatically Tolled If MTR is Filed Before Period Has Expired
The court held that a motion to reconsider filed before the expiration of the voluntary departure period automatically tolls the voluntary departure period while the BIA adjudicates the motion. (Barroso v. Gonzales, 11/18/05)
CA9 Addresses Prevailing Party Status for EAJA Purposes
The court held that a district court order attesting to a voluntary stipulation to stay deportation pending the BIA’s adjudication of a motion to reopen conveyed “prevailing party” status under EAJA because it awarded a substantial portion of the relief sought. (Carbonell v. INS, 11/18/05).
Text of the Border Security and Terrorism Prevention Act of 2005 (H.R. 4312)
Text of the Border Security and Terrorism Prevention Act of 2005 (H.R. 4312), as introduced by Rep. Peter King (R-NY). The House Committee on Homeland Security amended and passed this enforcement-only bill by a voice vote on 11/17/05.
DHS Announces DOJ Motion That Would Allow Expedited Removal to be Applied to Salvadorans
DHS announces DOJ decision to file a motion to end the 1980's Orantes injuction which, if successful, will allow DHS to apply Expedited Removal to Salvadorans.
CA7 Criticizes DHS and DOJ, But Says Being a “Material Witness” is Not a Basis for Asylum
The Court criticized DHS and DOJ for not giving systematic guidance on credibility issues to IJs and the BIA, but ultimately denied Petitioner’s claim, stating that being a material witness was not a basis for asylum. (Djouma v. Gonzales, 11/15/05)
CA5 Finds Clock Stopping Provision May Not Be Applied Retroactively
The court found that the stop-time rule did not apply retroactively to Petitioner’s 1989 theft conviction, a crime of moral turpitude, to end the accrual of continuous physical presence for purposes of relief under former §212(c). (Gonzalez-Garcia v. Gonzales, 11/15/05)
CA5 Declines to Raise Venue Issue Sua Sponte
While noting that venue was not proper under INA §242(b)(2) because the immigration proceedings occurred outside the 5th Circuit, the court held that it would be unfair to force the parties to relitigate in a new forum. (Jama v. Gonzales, 11/15/05)
CA5 Finds Clock Stopping Provision May Not Be Applied Retroactively
The court found that the stop-time rule did not apply retroactively to Petitioner’s 1989 theft conviction, a crime of moral turpitude, to end the accrual of continuous physical presence for purposes of relief under former §212(c). (Gonzalez-Garcia v. Gonzales, 11/15/05)
CA2 Addresses “Materiality” of Misrepresentation
The court held that a misrepresentation is material if it “has a natural tendency to influence or was capable of influencing” the ageny’s decision. (Monter v. Gonzales, 11/14/05)