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 Discusses Subtle Inconsistencies and Credibility Determinations
In a case of first impression, the court held that where an inconsistency is not self-evident, an IJ may not rely on it without first bringing it to the attention of the applicant and giving the applicant the opportunity to explain. (Xue v. BIA, 2/21/06)
CA2 Upholds Denial of MTR in Chinese Family Planning Case
The court held that the BIA did not abuse its discretion because it considered and rejected evidence of changed country conditions, and further concluded that remand would be futile. (Wang v. BIA, 2/17/06)
CA2 Says BIA Erred in Denying MTR, But Remand Would Be Futile
The court noted that the BIA erred in denying a motion to reopen by failing to assess whether country conditions had changed, but found that remand would be futile because the BIA addressed the error in denying the motion to reconsider. (Alam v. Gonzales, 2/17/06)
CA1 Finds Rhode Island Statutory Rape Is a Crime of Violence
The court held that third degree sexual assault under Rhode Island General Law §11-37-6 is a crime of violence because the statute clearly contemplates a substantial risk of the use of physical force against a minor. (Aguiar v. Gonzales, 2/16/06)
CA9 Says Repeal of Suspension of Deportation Has Retroactive Effect
The court said that IIRIRA’s repeal of suspension of deportation would have impermissible retroactive effect because it would attach a new disability to Petitioner's 1988 guilty plea. (Lopez-Castellanos v. Gonzales, 2/16/06).
CA9 Finds IJ’s Decision Supported by Substantial Evidence and Upholds Asylum Denial
The court affirmed the IJ’s decision that an ethnic Indian from Fiji did not suffer past persecution or have a well-founded fear. It found that the BIA's violation of its summary affirmance regulations by including a footnote was harmless error. (Kumar v. Gonzales, 2/15/06)
CA8 Rejects Identity Challenge in Reinstatement Case
The court upheld the fingerprinting procedure used to confirm the Petitioner was previously ordered removed and the regulation permitting ICE officers to make reinstatement determinations. (Ochoa-Carillo v. Gonzales, 2/15/06)
CA5 Rejects Claim to Suppress Evidence Obtained Through Special Registration
CA5 found no basis to suppress evidence found under NSEERS. Also, a challenge to a denial of a continuance to await a labor certification to pursue adjustment under INA §245(i) requires a showing that the statutory filing deadlines were met. (Ali v. Gonzales, 2/15/06)
CA5 Concludes Assault Was Not a Crime of Violence
Concluding that “offensive or provocative contact” does not necessarily involve the use of physical force required by 18 USC §16, CA5 found an assault conviction was not a crime of violence and granted consideration of his claim under INA §212(c). (Gonzalez-Garcia v. Gonzales, 2/14/06)
CA2 Upholds Adverse Credibility, Says Remand Would Be Futile
The court found that the IJ misstated evidence and erred in speculating that Petitioner was not a Sikh but still held that there were ample grounds to support adverse credibility and that remand would be futile. (Singh v. BIA, 2/14/06)
CA3 on Retroactivity of Suspension of Deportation
Relying on former INA §244(a)(2), which requires ten years continuous physical presence and good moral character following a deportable act, the court found that Petitioner had no reasonable expectation of suspension after he entered his guilty plea. (Hernandez v. Gonzales, 2/14/06)
CA2 Says IJ Must Inquire Into Fear of Sterilization as Basis for CAT
The court noted that neither it nor the BIA had determined whether forced sterilization amounts to torture and that it was error for the IJ to conclude that Article III of CAT was inapplicable where the IJ made no individual inquiry. (Ni v. BIA, 2/13/06)
CA2 Rejects Untimely Motion to Reopen
The court held that Petitioner did not qualify for an exception for untimely motions because he did not show changed conditions in China and his ineffective assistance of counsel claim was raised 20 months after the BIA’s decision. (Chen v. Gonzales, 2/13/06)
CA1 Finds No Suspension Clause Violation in State-Created Danger CAT Case
Because the case presented only legal issues which the court can review under INA §242(a)(2)(D), the court concluded that “there is no possible claim that the REAL ID Act violates the Suspension Clause.” (Enwonwu v. Gonzales, 2/13/06)
CA1 Finds Changed Conditions in Kenya
The court found that the IJ reasonably rejected the inference that the new government in Kenya is dominated by Moi supporters, and that the notion that the new democratic government would repress the opposition was not compelling. (Waweru v. Gonzales, 2/13/06)
CA2 Upholds Denial of MTR in Ethnic Albanian Asylum Claim
The court held that the DOS report contained only general statements, but the BIA did not err in finding no well-founded fear. The court was troubled, however, by the BIA’s taking of administrative notice of improved conditions in Macedonia. (Adjin v. Gonzales, 2/9/06)
CA6 Upholds BIA’s Denial of Motion to Reopen but Finds BIA Erred about a Deadline Exception
The court held that the BIA erred in finding that Petitioner’s divorce was a change in circumstances that was an exception to the filing deadline. The court held that it did not constitute changed conditions in Jordan. (Haddad v. Gonzales, 2/9/06)
BIA Rules on Failure of Trial Court to Advise of Immigration Consequences of Guilty Plea
The BIA held that a conviction, vacated pursuant to Section 2943.031 of the Ohio Revised Code for failure of trial court to advise of possible immigration consequences of a guilty plea, is no longer a valid conviction for immigration purposes. Matter of Adamiak, 23 I&N Dec. 878 (BIA 2006)
CA8 Upholds IJ’s Adverse Credibility Determination in Togolese Asylum Case
The court concluded that the IJ’s adverse credibility determination was supported by substantial evidence, including Petitioner’s lack of prominence in the opposition party and his claim that he ran his business while in hiding. (Mamana v. Gonzales, 2/8/06)
CA2 Rejects "Safe Haven" Finding
The court overturned the IJ’s safe haven finding where it was issued three days after the repeal of the regulation that allowed for a discretionary denial on that basis. (Tandia v. Gonzales, 2/7/06)
CA3 Weakens Collateral Estoppel Doctrine
Although the court found the doctrine of collateral estoppel generally applies in immigration cases, it does not apply “where a clearly deportable alien continues to commit criminal acts after initial proceedings are terminated.” (Duvall v. Attorney General, 2/7/06)
CA9 Overturns IJ’s Negative Credibility Determination of Asylum Applicant Who Smuggled Falun Gong Material into China
The court held that the IJ did not identify a specific, cogent reason to support his incredibility finding, but instead relied on speculation and conjecture about Petitioner’s position in Chinese society and what someone in her position would do. (Zhou v. Gonzales, 2/7/06)
CA2 Says No Jurisdiction to Review Smuggling Waiver
The court held that INA §242(a)(2)(B)(ii) barred review of the denial of a smuggling waiver under INA §212(d)(11) because such denials are committed to the Attorney General’s discretion. (Saloum v. Gonzales, 2/6/06)
DOJ FY2007 Budget Request
The Department of Justice (DOJ) news release highlights components of the President’s FY 2007 budget proposal for the DOJ, including $8.8 million earmarked for the Executive Office for Immigration Review.
CA2 Adopts “Totality of the Circumstances” Test for Firm Resettlement
The court adopted a totality of the circumstances test and concluded that the IJ’s finding of firm resettlement was not supported by substantial evidence. (Sall v. Gonzales, 2/3/06)