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
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)
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)
AILA Practice Alert: I-90 Interviews
Tip from the field on important developments in the I-90 interview.
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.
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)
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)
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).
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)
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)
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)