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
CA7 Reverses BIA’s Denial of MTR Based on 180 Day Deadline for Reopening In Absentia Proceedings
CA7 found that the deadline at INA § 240(b)(5)(C)(ii) “is merely a statute of limitations and is therefore subject to equitable tolling.” The court ordered the BIA to reconsider reopening based on the claim that prior counsel rendered ineffective assistance. (Pervaiz v. Gonzales, 4/18/05)
CA2 Finds Detention-Based Habeas Action Qualifies for EAJA Fees
The court held that a habeas petition challenging immigration detention qualifies as a "civil action" for the purposes of EAJA fee recovery and that an interim order of release pending appeal can confer prevailing party status. (Vacchio v. Gonzales, 4/18/05)
CA2 Says False Statement to Asylum Officer Is “False Testimony”
The court gave deference to Matter of R-S-J-, and found that false statements made under oath in an asylum interview is false testimony, thus precluding Petitioner from demonstrating good moral character. (Medina v. Gonzales, 4/14/05)
CA7 Overturns IJ’s Denial of Chinese Catholic Asylum Claim on Credibility Grounds
The Court found that the IJ’s negative credibility and lack of corroboration findings were not supported by substantial evidence. The Court criticized the IJ for repeatedly interrupting Petitioner’s testimony and not allowing her to explain her answers.(Huang v. Gonzales, 4/14/05)
CA9 Finds Denial of Right to Counsel
CA9 found that the IJ violated Petitioner’s right to counsel because he failed to afford him a reasonable time to obtain counsel. It notedthat practical considerations, like detention status and English language ability, should inform the determination. (Biwot v. Gonzales, 4/14/05)
CA8 Refuses to Review IAC Claim
The court considered, but ultimately did not decide, whether INA §242(d)(1) requires issue exhaustion for the ineffective assistance claim. The court stated that "ordinarily an appellate court does not give consideration to issues not raised below." (Etchu-Njang v. Gonzales, 4/8/05).
BIA Says Sexual Abuse of a Minor Bars 212(c) Relief
The BIA held that a person found removable due to conviction for sexual abuse of a minor is ineligible for a 212(c) waiver because the aggravated felony ground of removal he was charged with has no statutory counterpart in the 212(a) grounds of inadmissibility. (Matter of Blake, 4/6/05)
Text of the Civil Liberties Restoration Act of 2005
Text of the Civil Liberties Restoration Act of 2005 (H.R. 1502), introduced by Representative Howard Berman (D-CA) on 4/6/05. The bill seeks to roll back some of the most egregious post-9/11 polices and would secure due process protections and civil liberties for non-citizens in the U.S.
Post-Order Instructions for Submitting Biometrics
As part of the new security checks process for people in proceedings, this form has been provided by immigration courts to respondents who have been granted relief.
Instructions for Submitting Certain Applications in Immigration Court
Instructions for submitting certain applications in Immigration Court and for providing biometric and biographic information to USCIS.
CA3 Says IJ’s Negative Credibility Finding Was Based on His “Unsupported Personal Opinion”
The court found that a Georgian asylum-seeker was entitled to have his asylum case remanded because the IJ’s negative credibility finding was not supported by substantial evidence. (Jishiashvili v. Atty. Gen. of U.S., 4/1/05)
USCIS Issues Memo on Procedures under New EOIR Security Clearance Regulations
A 3/31/05 memo from William Yates, USCIS Association Director for Operations, advising on new procedures required under the new EOIR security clearance regulations for respondents filing applications for relief, and for USCIS issuance of immigration documents.
CA3 Finds Deadline for In Absentia MTR Can Be Equitably Tolled
The court found that the 180-day time limit on filing a motion to reopen an in absentia order can be equitably tolled and that misrepresentations about legal representation constitute a basis for equitable tolling. (Borges v. Gonzales, 3/30/05)
CA9 Discusses Limitations on Adjustment of Status for K-1 Fiancés
Addressing but rejecting a number of arguments, the court held that Petitioner, who entered the U.S. on a K-1 visa but failed to marry the petitioning fiancé was not eligible for adjustment of status under INA §245. (Kalal v. Gonzales, 3/30/05)
EOIR Memorandum on Background and Security Investigations in Proceedings
EOIR memorandum providing instructions to Immigration Judges and the Board of Immigration Appeals on the new rules regarding background and security checks, and the granting of relief.
EOIR Memorandum on Recusal Orders in Immigration Proceedings
EOIR issued a memorandum with instructions for Immigration Judges on procedures for issuing recusal orders in proceedings.
Minutes of 3/17/05 USCIS HQ Liaison Meeting
Discussions with USCIS included such issues as AC21, I-751 waivers, unlawful presence, naming conventions, non-precedent AAO decisions, Infopass, and issues related to dealing with PERM.
ICE Liaison Minutes (3/16/05)
The liaison minutes record the discussions with ICE regarding such topics as stipulated removal orders, automatic stay provisions, the new EOIR security clearance regulations, Operation Compliance, file sharing, alternatives to detention, among other issues.
CA9 Affirms District Court Jurisdiction Over Bivens Suits; Finds 4th Amendment Violation (Updated 4/10/06)
CA9 held: (1) INA §242 did not preclude a Bivens action for monetary damages; (2) where INS officer had no legal basis to detain Plaintiff pursuant to the expedited removal statute, the officer violated a Fourth Amendment right to be free from unlawful detention. (Sissoko v. USA, 3/16/05)
EOIR Responses to AILA's Liaison Questions (3/16/05)
Liaison issues addressed with EOIR included such topics as e-filing, asylum clock issues, application in Immigration Courts of recent circuit court and BIA decisions, FOIA, the new security clearance regulations, among other pressing issues.
CA5 Reverses In Absentia Order Resulting from Petitioner’s Late Arrival
The court held that “it was legal error, and therefore an abuse of discretion, to hold that Petitioner's twenty-minute tardiness constituted a failure to appear.” (Alarcon-Chavez v. Gonzales, 3/14/05)
CA3 Finds Deliberate Imposition of Severe Economic Disadvantage Is Persecution
The court held that the economic restrictions faced by Petitioner, which included a 1200 yuan fine, blacklisting from government employment, and confiscation of personal property, were severe and amounted to persecution in the aggregate. (Li v. Atty. Gen. of U.S., 3/10/05)
AILA Issue Packet on Unaccompanied Children
Bipartisan legislation introduced in the 109th Congress would provide guidelines for the detention, care, and placement of unaccompanied children. This packet will help you advocate for the Unaccompanied Alien Child Protection Act of 2005 (S. 119).
AILA Issue Packet on REAL ID Act
Many of the troubling anti-immigrant provisions that were stripped from the intelligence reform bill have resurfaced as part of the REAL ID Act (H.R. 418). This packet will assist you in opposing the REAL ID Act.
BIA Reaffirms Gabryelsky, Despite Changes to 212(c)
The BIA held that a respondent may seek a 212(c) waiver in conjunction with an application for adjustment of status despite regulatory changes relating to the availability of section 212(c) relief. (Matter of Azurin, 3/9/05)