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 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.
CA10 Says §245(i) Trumps §212(a)(9)(C)(I)
The court held that Congress, in enacting the LIFE Act, intended people to adjust status under INA §245(i) even if they are subject to the permanent bar. (Padilla-Caldera v. Gonzales, 10/18/05)
CA2 Says Airport Interviews Must Be Viewed with Caution
In rejecting the IJ’s adverse credibility finding, the court found that airport interviews may be perceived by asylum-seekers as coercive or threatening and that the BIA must recognize that applicants may not be entirely forthcoming. (Latifi v. Gonzales, 10/17/05)
EOIR Responses to AILA's Liaison Questions (10/17/05)
Liaison issues addressed with EOIR included such topics as asylum clock issues, the new biometrics and security check process, Succar adjustments, discovery, bond appeals, video conferencing, REAL ID, selection of IJs, clerical errors, and issues relating to children.
CA10 Finds No Past Persecution and Says Internal Relocation within Indonesia is Reasonable
The Court found that two minor incidents eight years apart did not amount to past persecution. The Court also upheld the IJ’s finding that internal relocation to Christian cities or districts was possible within Indonesia. (Tulengkey v. Gonzales, 10/13/05)
CA11 Address Citizenship Issues
CA11 held that citizenship is not conferred until the oath is taken; and assuming equitable estoppel can be asserted against the INS, its failure to rule on Petitioner’s naturalization application within 120 days did not rise to the level of affirmative misconduct. (Tovar-Alvarez, 10/13/05)
CA2 Finds Adverse Credibility Fatally Undercuts CAT Claim
The court upheld the IJ’s adverse credibility finding and found that it was reasonable for the IJ to conclude that Petitioner’s lack of credibility fatally undermined her claims for asylum, withholding, and CAT. (Yang v. Gonzales, 10/11/05)
CA8 Finds Asylum Applicants Failed to Prove the Motive of their Persecutors
CA8 found Petitioners did not establish that the harm from government soldiers was “on account of” an imputed political opinion, noting that one could infer that the soldiers beat Petitioners for their refusal to cooperate in the search for an army deserter. (Gomez v. Gonzales, 10/10/05)