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
CA3 Upholds Asylum Denial Based on Lack of Corroboration
The court found that the IJ clearly identified facts for which it was reasonable to expect corroboration and noted that under the REAL ID Act it could not reverse the IJ’s determination unless it concluded that corroborating evidence was unavailable. (Chen v. Gonzales, 12/29/05)
CA7 Finds Error in Allowing Government’s Document Expert to Testify in Albanian Asylum Case
The court, in finding that the government’s document expert should not have been permitted to testify, held that “junk science” has no place in administrative proceedings.(Pasha v. Gonzales, 12/29/05)
CA9 Concludes Record of Conviction for “Grand Theft” Under California Law is Aggravated Felony
Though the CA law under which Petitioner was convicted for “Grand Theft” proscribed conduct broader than for “theft” for an INA aggravated felony, the record showed a guilty plea to all of the elements of the generic aggravated felony “theft” offense. (Martinez-Perez v. Ashcroft, 12/29/04)
CA2 Uses Airport Interview to Uphold Negative Credibility Finding
The court noted that it exercises caution when reviewing airport statements, but found no indication that Petitioner’s statement was coerced, truncated, or mistranslated. (Guan v. Gonzales, 12/23/05)
CA1 Finds No Jurisdiction to Review One-Year Asylum Deadline
The court held that it lacked jurisdiction to decide whether Petitioner timely filed for asylum because the INA bars judicial review and the REAL ID Act only restored jurisdiction for constitutional claims and questions of law. (Mehilli v. Gonzales, 12/22/05)
Permanent Injunction to Require Issuance of Documentation
A California District Court entered a permanent injunction requiring the DHS to issue documentation of lawful status within a set time period after a class member appears at their local USCIS office and requests documentation. (Santillan v. Gonzales, 12/22/05)
Senate Passes Unaccompanied Alien Child Protection Act
On 12/22/05, the Senate amended and passed the Unaccompanied Alien Child Protection Act (UACPA) of 2005 (S. 119), sponsored by Sen. Dianne Feinstein (D-CA). A House companion bill (H.R. 1172) has not yet been acted upon.
CA3 Decides When a Vacated Conviction Remains a Conviction
The court concluded that the BIA may reasonably draw a distinction between convictions vacated based on “substantive” or “rehabilitative” grounds, and established a categorical test to guide this determination. (Pinho v. Gonzales, 12/20/05)
CA8 Lacks Jurisdiction Over Asylum Denial Based on One-Year Asylum Deadline
The court said it lacked jurisdiction to review the denial of a hardship waiver application. The court also found that “extraordinary circumstances” did not exist to excuse an asylum application filed late. (Ignatova v. Gonzales, 12/19/05)
House Passes Harsh, Enforcement-Only Bill That Would Criminalize 11 Million Immigrants
On 12/16/05, the House completed consideration of Rep. Sensenbrenner’s (R-WI) enforcement-only bill, the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (H.R. 4437). AILA believes this bill is disappointing and disastrous for both immigrants and U.S. citizens.
Top 10 “Poison Pills” in H.R. 4437
AILA’s list of the top 10 “Poison Pills” in the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (HR 4437), as amended and passed by the House on 12/16/05.
Section-by-Section Summary of HR 4437, as Amended and Passed by the House
AILA’s section-by-section summary of the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (HR 4437), as amended and passed by the House on 12/16/05. This egregious, enforcement-only legislation passed the House by a vote of 239-182.
Update on the Immigration Court in New Orleans
EOIR advises that the Immigration Court in New Orleans is scheduled to reopen.
Congressional Budget Office’s Cost Estimate for H.R. 4437
The Congressional Budget Office has issued a cost estimate for the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (H.R. 4437), as ordered reported by the House Judiciary Committee on 12/8/05.
DHS Corrects Earlier Notice on Chicago Lockbox Filings
DHS corrects and clarifies its 11/19/04 notice regarding certain Chicago Lockbox filings in the Direct Mail Program. (70 FR 73254, 12/09/05)
CA4 Rejects Argument that Review of Denial of Motion to Remand for Non-LPR Cancellation is Barred
CA4 points out that the BIA, in denying the motion to remand, did not actually consider or deny an application for cancellation of removal or the other form of discretionary relief enumerated in §242(a)(2)(B)(i). (Obioha v. Gonzales, 12/8/05)
CA9 Addresses Seven Year Residence Requirement for Cancellation of Removal
Petitioner met the continuous residence "after having been admitted in any status” requirement for purposes of cancellation because his mother’s earlier admission for permanent resident status while Petitioner was an unemancipated minor was imputed him. (Cuevas-Gaspar v. Gonzales, 12/7/05)
CA9 Holds Border "Turn Around" Does Not Interrupt Continuity of Presence
CA9 held that a short departure from the U.S., such as a brief return to the native country for family reasons, does not necessarily interrupt the accrual of physical presence for purposes of cancellation of removal. (Tapia v. Gonzales, 12/6/05).
CA9 Denies Government’s Request for Rehearing En Banc in Asylum Case Involving Disabled Russian Child
CA9 denied the petition for a rehearing en banc. Seven judges dissented, stating that the case had profound implications and that by allowing the harms suffered by a child to be imputed to the parent, the panel had created a reverse derivative asylum claim. (Tchoukhrova v. Gonzales, 12/5/05)
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)
CA9 Rejects Asylum Claim of Chinese Christian Giving Little Weight to Hearsay Evidence (Updated 9/8/06)
The Court found that Petitioner failed to demonstrate past persecution well-founded fear, and that where an applicant’s testimony consists of hearsay evidence, the statements by the out-of-court declarant may be accorded less weight by the trier of fact. (Gu 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.