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
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)
CA2 Says IJ Relied on “Impoverished View” of Political Opinion
The court found that the IJ erred in holding that opposition to government extortion cannot serve as a basis for an asylum claim based on political opinion. (Zhang v. Gonzales, 11/13/05)
CA8 Holds IJ Offered Specific Cogent Reasons for Adverse Credibility Finding
The Court found that a fraudulent memorandum significantly undermined Petitioner’s credibility; no forensic examination of his passport was required; the IJ did not err in requiring corroboration; and the Petitioner failed to demonstrate CAT eligibility. (Bropleh v. Gonzales, 11/10/05)
BIA Says Termination of LPR's Refugee Status Not Required to Initiate Removal Proceedings
The BIA held that removal proceedings may be commenced against an alien who was admitted to the U.S. as a refugee under section 207 without prior termination of the alien’s refugee status. (Matter of Smriko, 11/10/05)
CA9 Overturns Negative Credibility Determination of Chinese Christian
The Court found that minor discrepancies were insufficient to support an adverse credibility finding, and that the record compelled a finding of past persecution and a well-founded fear of future persecution on account of Petitioner’s Christian religion. (Quan v. Gonzales, 11/7/05)
CA2 Finds Significant Errors in IJ's Denial of Asylum
The court held that the IJ relied on speculation, failed to consider all of the significant evidence, and placed undue reliance on the fact that the Petitioner’s documents were not authenticated. (Lin v. Gonzales, 11/4/05)
CA6 Finds “Indiscriminate Abuse” against Demonstrators Does Not Amount to Persecution
The Court found the injuries Petitioner suffered at demonstrations were the result of civil unrest between political factions, not political persecution. The Court also held she did not have a well-founded fear. (Skirko v. Gonzales, 11/4/05)
DHS Final Rule Amends Lists of Officials Authorized to Perform Enforcement Functions
DHS final rule amends various lists of DHS officials authorized to perform certain immigration enforcement functions, including making administrative arrests for immigration violations, making custody determinations and more. (70 FR 67087, 11/4/05)
CA9 Awards EAJA Fees
The Court determined that Petitioner was entitled to recover fees under EAJA, but declined to adopt a per se rule that immigration law is a specialty area warranting enhanced hourly rates. (Thangaraja v. Gonzales, 11/3/05)
CA9 Addresses One-Year Asylum Bar Post-REAL ID
The court lacked jurisdiction over whether the IJ erroneously found that Petitioner failed to demonstrate “changed circumstances,” which would excuse her untimely asylum application, because the alleged IJ error did not raise a legal issue. (Ramadan v. Gonzales, 11/2/05)
CA2 Addresses REAL ID Act Jurisdiction Issues
The court concluded that habeas petitions pending in circuit courts on 5/11/05 should be treated as petitions for review and suggested that Suspension Clause problems might arise if direct review was not an adequate substitute for habeas. (Gittens v. Menifee, 11/2/05)
CA8 Upholds Asylum Denial Based on Lack of Credibility, Lack of Nexus & Criminal Conviction
The Court held that inconsistencies went to the heart of Petitioner’s asylum claim, and held that he failed to establish persecution on account of a protected ground. (Sheikh v. Gonzales, 11/2/05)
CA1 Affirms Ineligibility for §212(c)
The court found that the retroactive application of IIRIRA’s expanded aggravated felony definition did not violate due process, and upheld the IJ’s denial of §212(c) relief based on the comparable grounds rule. (Sena v. Gonzales, 11/2/05)
Secretary Chertoff Announces Enforcement Measures
DHS Secretary Michael Chertoff announces "Secure Border Initiative" as the enforcement complement to a temporary worker program.
CA9 Says Finding of Inadmissibility for Alien Smuggling Requires an Affirmative Act of Assistance
The court held that a finding of inadmissibility for alien smuggling under §212(a)(6)(E)(i) requires some form of affirmative assistance to the illegally entering alien. Knowledge alone is not enough. (Altamirano v. Gonzales, 10/31/05)
DHS Statistical Report for FY2005
The DHS’s Office of Immigration Statistics has released its immigration monthly statistical report for FY2005, covering topics such as inspections, Southwest border apprehensions, immigration benefits, naturalization benefits, removals, and asylum.
CA1 Finds Changed Country Conditions in Guatemala
The court found no error in the IJ’s heavy reliance on a DOS country report to support his finding that conditions had changed in Guatemala, making the applicant ineligble for asylum. (Palma-Mazariegos v. Gonzales, 10/28/05)
BIA Finds IJ Lacks Jurisdiction to Apply 204(j)
The BIA held that immigration judges have no authority to determine whether the validity of an alien’s approved I-140 petition is preserved under INA 204(j) after the alien’s change in jobs or employers. (Matter of Perez-Vargas, 10/28/05)
CA1 Upholds Adverse Credibility in Indonesian Asylum Claim
In an Indonesian Christian asylum case, the court upheld the IJ’s adverse credibility finding and found that due to changed conditions and the fact his family remained unharmed, Petitioner did not have a well-founded fear. (Nikijuluw v. Gonzales, 10/26/05)
CA7 Remands AWO Decision Back to BIA for Clarification
CA7 remanded because a lack of explanation prevented the court from knowing with certainty the basis of the BIA’s decision, the court was prevented from ascertaining whether it was based on reviewable grounds.(Cuellar Lopez v. Gonzales, 10/26/05)
CA1 on “Recurring Problem” of Incomplete Transcripts in BIA Review
The court held that a successful due process claim based on an inaccurate or incomplete transcript requires the claimant to show a “specific prejudice to his ability to perfect an appeal.” (Kheireddine v. Gonzales, 10/25/05)
Senator Hagel Reintroduces Comprehensive Immigration Reform Legislation
AILA’s summary of Sen. Hagel’s four-part comprehensive immigration reform package introduced on 10/25/05. Text of each bill is also included.
ICE Prosecutorial Discretion Memo
A 10/24/05 memo from William Howard, ICE Principal Legal Advisor, discussing factors to be considered prior to commencement or continuation of removal proceedings.
BIA on Continuous Residence Under 212(h)
The BIA, in a non-precedent decision, ruled that the seven years of continuous residence for purposes of a 212(h) waiver can be in any lawful status, not just permanent resident status. Courtesy of AILA member John Pratt.
DHS Announces Increased Budget
DHS announces increased appropriations for enforcement-related activities.