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
CA2 Rejects Adverse Credibility Finding
In an unpublished decision, the court held that Petitioner’s testimony was not vague where he provided details about his duties with the police force and his involvement in the Democratic Party in Albania and was not asked for additional details. (Shurdho v. Gonzales, 6/1/06)
CA2 Says Adverse Credibility Rests on Unsupported Assumptions
The court found that part of the IJ’s adverse credibility determination rested on unsupported assumptions about how Burma’s military regime operates. (Htin v. BCIS, 6/1/06)
CA3 Remands for Review by Three-Member BIA Panel
The court found that the decision of a single BIA member to forego panel review is not “committed to agency discretion” and is therefore, subject to judicial review. (Purveegiin v. Gonzales, 6/1/06)
CA2 Finds No Jurisdiction to Review BIA "Brief Order"
The court held that it lacks jurisdiction to review the BIA’s denial of Petitioner's motion seeking review of a discretionary adjustment denial and challenging the BIA’s decision to affirm an appeal by a “brief order.” (Guyadin v. Gonzales, 5/30/06)
CA2 Finds No Jurisdiction to Review BIA Decision to AWO
The court held that it lacked jurisdiction to review the determination of a single BIA panel member to affirm a decision of the immigration judge without opinion, rather than refer the case for review by a three-member panel. (Kambolli v. Gonzales, 5/26/06)
AILA Backrounder on U.S. Ports of Entry
AILA Backgrounder on the challenges facing DHS security at ports of entry, including US-Visit, NSEERs, expedited removal, management of U.S. ports of entry, and AILA's positions on the issues.
BIA Rules EWI Ineligible for Adjustment Under CSPA
The BIA held that an alien who entered without inspection is not eligible for adjustment under the Chinese Student Protection Act of 1992 and may not amend or renew an adjustment during proceedings under 245(i). Matter of Jian An Wang, 23 I&N Dec. 924 (BIA 2006)
CA11 Discusses Meaning of “Lawfully Admitted” in the 212(c) Context
CA11 held that Petitioner was not eligible under INA §212(c) because he was not “lawfully admitted” for permanent residence when INS erroneously granted his adjustment of status application in spite of his conviction involving a controlled substance. (Savoury v. U.S. Att’y Gen., 5/25/06)
CA1 Finds Voluntary Departure Overstay Bars Adjustment Despite BIA Reopening
The court held that the bar to adjustment of status for overstaying a period of voluntary departure applies even if the BIA later reopens the case. (DaCosta v. Gonzales, 5/24/06)
AILA Pro Bono Newsletter, Spring 2006
This is the inaugural issue of the Pro Bono Newsletter. Topics include AILA Wants to Recognize Your Pro Bono Work; Promote Your Organization or Program; New York Chapter Hosts Event; Know Your Rights Materials; Pro Bono Feature—Tour of the Border; Volunteer Opportunities & BIA Appeals Project.
CA2 Criticizes BIA for Dragging Feet on Chinese Asylum Cases
The court remanded the case for the BIA to determine whether Petitioner’s status as a boyfriend and father would allow him to qualify as a refugee based on China’s coercive population control policies. (Pan v. U.S. Att'y Gen., 5/23/06)
CA5 Barred from Reviewing §212(c) Reversal; Affirms BIA Removal Order
The court said it lacked jurisdiction to review the BIA’s reversal of an IJ grant of §212(c) relief. It also upheld the BIA’s act of ordering removal because, it concluded, the BIA was giving effect to the IJ’s original order of removability. (Delgado-Reynua v. Gonzales, 5/23/06)
CA3 Finds Jurisdiction to Review IJ’s Denial of Motion to Continue
The court held that INA §242(a)(2)(B)(ii) does not bar jurisdiction to review the IJ’s denial of a motion to continue because the authority to grant continuances is not “specified under [the relevant] subchapter” to be in the discretion of the AG. (Khan v. Att’y Gen. of the U.S., 5/22/06)
CA3 Finds Harsh Prison Conditions in Haiti Are Not Torture
The court held that the generalized allegations of prison conditions for criminal deportees in Haiti raised by Petitioner do not rise to the level of torture. (Francois v. Gonzales, 5/19/06)
CA5 Denies DHS Motion to Reconsider as Collateral Attack Barred by Res Judicata
The court held that DHS’s motion to reconsider was a collateral attack barred by res judicata. The DHS motion argued that the BIA did not have jurisdiction to grant the prior motion to reopen and terminate proceedings. (Guevara v. Gonzales, 5/19/06)
AILA Letter Strongly Supporting Brownback – Lieberman Amendment
Letter to Senators urging their support of the Brownback – Lieberman Amendment, the Secure and Safe Detention and Asylum Act. The amendment would provide important and needed protections for asylum seekers and help to ensure an effective and humane system of immigration detention.
ICE Memo with Field Guidance on Response to Law Enforcement Calls
ICE issued a memo with guidance to all Office of Investigations personnel on response to calls for service involving undocumented immigrants.
ICE Opens Detention Center for Families
ICE announces the opening of a detention facility for families, and notes its intention to subject families to expedited removal.
CA2 Finds IJ/BIA Erred in Not Determining Applicant’s Nationality
The court held that an applicant’s nationality is a threshold issue in determining eligibility for asylum and that the IJ and the BIA erred in failing to determine Petitioner’s nationality. (Wangchuck v. DHS, 5/15/06)
CA2 on Equitable Tolling of MTRs and Jurisdiction to Review Sua Sponte Decisions
The court held that the BIA did not abuse its discretion in refusing to equitably toll the time period on motions to reopen and that it had no jurisdiction to review the BIA’s discretionary decision not to reopen the case sua sponte. (Ali v. Gonzales, 5/12/06)
CA3 Finds BIA Erred in Not Reopening Due to Changed Conditions
The court found that the BIA committed an error of law when it held that Petitioners’ motion to reopen based on changed conditions was time barred under 8 CFR §1003.2(c)(3)(ii). (Filja v. Gonzales, 5/12/06)
CA2 Sets Time Limit for BIA to Issue “Social Group” Decision
Noting that the BIA has not decided whether affluent Guatemalans are a particular social group, the court remanded and gave the BIA 49 days to respond. (Ucelo-Gomez v. Gonzales, 5/9/06)
CA2 Affirms BIA’s Decision in Matter of Vargas
The court held that first degree manslaughter in violation of New York Penal Code §§125.20(1) or (2) is a crime of violence under 18 USC §18(b) and is therefore, an aggravated felony under INA §101(a)(43)(F). (Vargas-Sarmiento v. Gonzales, 5/8/06)
CA2 Finds Jurisdiction to Review VWP Asylum Claim
The court found jurisdiction to review the denial of Petitioner’s asylum claim even though her visa waiver case did not occur in a removal proceeding because the denial of her claim was the functional equivalent of a removal order. (Kanacevic v. INS, 5/5/06)
CA2 Rejects BIA’s Finding of Changed Circumstances in Mauritania
The court found that the BIA relied on an outdated DOS report, accepted the report’s general statements, did not make an individualized assessment of Petitioner’s situation, and failed to consider evidence contradicting the report. (Tambadou v. Gonzales, 5/3/06)