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
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)
CA6 Holds that Illinois Sex Abuse Conviction is an Aggravated Felony
The court concluded that Petitioner’s sexual abuse conviction constitutes a crime of violence and, therefore, an aggravated felony. (Patel v. Ashcroft, 3/8/05)
CA3 Says IJ’s Frivolousness Finding Violated Due Process
Noting that a finding of frivolousness is extreme because it permanently bars individuals from any immigration benefit, the court held that the IJ violated Petitioner's due process rights by failing to comply with legal requirements to make such a finding. (Muhanna v. Gonzales, 3/3/05)
CA9 Reverses Removability Finding Based on Voter Fraud
The court held that Petitioner was not removable for having voted in violation of Hawaii law because she did not “knowingly” commit voter fraud and, thus, lacked the requisite mental state for violating the Hawaiian statute at issue. (McDonald v. Gonzales, 3/2/05)
CA7 Finds that INA §242(f) Not Applicable to Stay Requests
The court rejected the government’s position that INA §242(f) governs stay requests and instead held that, in permanent rule cases, INA §242(b)(3)(B) authorizes it to issue stays of removal if traditional equitable standards merit it.(Hor v. Gonzales, 3/2/05).
CA3 Says Voluntary Departure Overstay Bar Does Not Apply to MTRs Filed Before Departure Date In Pre-IIRIRA Cases
The court reasoned that the failure to act on a motion to reopen filed prior to the expiration of the voluntary departure period is an “exceptional circumstance,” rejecting the BIA’s contrary holding in Matter of Shaar. (Barrios v. U.S. Att'y Gen., 2/25/05)
Summary and Analysis of House Version of REAL ID Act (H.R. 418)
Summary and selected analysis of provisions of the REAL ID Act of 2005 (H.R. 418), as passed by the House on 2/10/05.
CA7 Finds Illinois Obstruction of Justice Conviction is CMT
The court acknowledged that an Illinois statute lacks the specific element of fraud, but still found that Petitioner’s crime "sufficient to support a finding of moral turpitude, namely, making false statements and concealing criminal activity.” (Padilla v. Gonzales, 2/22/05)