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 Says IJ’s Asylum Denial “Completely Disregarded” Test For Lack of Corroborating Evidence
The Court found that IJ erred in denying the asylum claim for lack of corroboration and for not adequately considering Petitioner’s explanations for missing documents, including the outbreak of civil war in Cote d’Ivoire and a misdirected DHL package. (Soumahoro v. Gonzales, 7/19/05)
CA10 Dismisses Petition Due to Lack of Jurisdiction
The court dismissed the petition for lack of appellate jurisdiction because the Immigration Judge denied relief on discretionary grounds. (Ekasinta v. Gonzales, 7/19/05)
Rep. Tancredo’s Section-by-Section Summary of REAL GUEST Act of 2005 (H.R. 3333)
On 7/18/05, Rep. Tancredo (R-CO) unveiled a counterproposal to the various CIR bills currently under discussion, titled the “Rewarding Employers that Abide by the Law and Guaranteeing Uniform Enforcement to Stop Terrorism (REAL GUEST) Act of 2005."
CA3 Addresses REAL ID’s Impact on Pending Habeas Appeals
The court held that habeas appeals pending on 5/11/05 may be reviewed as petitions for review and declined to transfer the case notwithstanding the fact that the IJ hearing was conducted in another circuit because the case had been briefed and argued. (Bonhometre v. Gonzales, 7/15/05)
CA11 Lacks Jurisdiction Over NACARA AOS Denial
The Eleventh Circuit held that the “clear language” of NACARA §202(f) barred it from reviewing a BIA decision reversing the IJ’s decision to grant Petitioner’s adjustment of status application. (Ortega v. Gonzales, 7/15/05)
Government Modifies Position on Application of Renteria-Gonzales in Fifth Circuit Cases Involving Vacated Convictions
In its opposition to an en banc rehearing petition, the government stated it wished to apply Matter of Pickering, not Renteria-Gonzalez, to the vacated conviction and terminate removal proceedings. Thus, CA5 denied the petition as moot. (Discipio v. Ashcroft, 7/13/05)
CA7 Addresses New INA §242(a)(2)(D) Added by Real ID
Pursuant to new INA §242(a)(2)(D), added by the REAL ID Act, the court reviewed the merits of Petitioner’s due process challenges to his removal proceedings and his equal protection challenge to different treatment of state and federal drug possession offenses. (Ramos v. Gonzales, 7/12/05)
CA7 Overturns BIA’s Denial of Motion to Reopen Asylum Application Based on Conversion to Jehovah’s Witness Faith
CA7 held that the BIA erred in denying a motion to reopen and requiring more proof of religious conversion when she already had provided an affidavit and an explanation of why official confirmation of her conversion could not be submitted in time. (Fessehaye v. Gonzales, 7/8/05)
ICE Announces Personnel Changes
An email circulated to ICE personnel announces the appointment of Acting Chief of Staff, Acting Director of the Office of Policy and Planning, Acting Director of Detention & Removal, and Acting Director of Intelligence, as well as other personnel appointments.
CA4 Says Involuntary Manslaughter is Not a Crime of Violence
Applying the Supreme Court’s rationale in Leocal v. Ashcroft, CA4 found that involuntary manslaughter is not a crime of violence because “it does not intrinsically involve a substantial risk that force will be applied ‘as a means to an end.’” (Bejarano-Urrutia v. Gonzales, 7/5/05)
CA5 Affirms Matter of Roldan and Hernandez-Avalos
The court affirmed that state court guilty pleas to marijuana possession offenses are aggravated felony convictions for immigration purposes even if the person subsequently received deferred adjudication. (Salazar-Regino et al. v. Gonzales, 6/30/05)
CA11 Upholds IJ’s Findings on Fear for Albanian Asylum Seeker
CA11 found that a 2-3 hour detention, with no physical harmed, as well as the extortion attempts, did not rise to the level of persecution. It also found that Petitioner had not shown that he would be targeted on account of a protected ground. (Kroi v. Gonzales, 6/29/05)
CA5 Addresses New INA Section 242(a)(2)(D) in Administrative Removal Case
The court held that new INA section 242(a)(2)(D) permitted review of Petitioner’s equal protection challenge to DHS’ discretion to place a non-LPR with an aggravated felony conviction in either IJ removal proceedings or administrative removal proceedings (Flores-Ledezma v. Gonzales, 6/27/05)
CA3 Addresses New INA §242(a)(2)(D)
Pursuant to new INA §242(a)(2)(D), added by §106(a) of the REAL ID Act, the court concluded that it may review the merits of petitions for review filed by individuals with criminal convictions which raise legal or constitutional claims. (Papageorgiou v. Gonzales, 6/24/05)
CA6 Construes Motion for Stay of Removal as Motion to Stay Voluntary Departure Period
CA6 held that a motion for a stay of removal filed during the pendency of a petition for review will be construed to include a motion to stay voluntary departure provided the motion for a stay of removal is filed prior to the expiration of the VD period. (Macotaj v. Gonzales, 6/24/05)
CA1 Addresses Voluntary Departure Pending Judicial Review
The court found that it lacked the authority to reinstate an expired voluntary departure period, but may grant a motion to stay an unexpired voluntary departure period under the same test for adjudicating a stay of removal. (Bocova v. Gonzales, 6/24/05)
CA9 Finds Regulation Barring BIA Review of Motions to Reopen After Departure Does Not Apply to Certain Individuals
Based on the plain language of 8 CFR 1003.2(d), the court concluded that it does not apply to an individual who first departs the U.S., then becomes the subject of removal proceedings, returns, and then files a motion to reopen. (Gulzar Singh v. Gonzales, 6/24/05)
CA8 Upholds BIA’s and IJ’s Findings that Cameroonian’s Asylum Claims Lack Credibility
The Court found that the IJ’s and BIA’s reluctance to accept questionable proof of SDF membership and explanations offered by Petitioner was supported by substantial evidence. (Eta-Ndu v. Gonzales, 6/23/05)
CA2 Rejects Asylum Claim, Finds Improved Conditions in Kosovo
The court found that Petitioner’s fear of retribution for refusing to serve amounted to past persecution, but upheld the IJ’s finding that conditions had improved in Kosovo such that there was no reasonable fear of future persecution. (Islami v. Gonzales, 6/23/05)
ICE Memo: US District Court Transfer of Surrendered Foreign Passports
ICE memorandum discusses procedures for the transfer of surrendered foreign passports from the U.S District Court to ICE field offices.
EOIR Memo on Definitions and Use of Administrative Codes (Rescinded 10/5/17)
This memo was rescinded by OPPM 17-02 on 10/5/17. EOIR OPPM 05-07 updates the list of adjournment, call-up, and case identification codes. The list notes which codes exempt cases from case completion goals and aged case completion goals, and which codes stop the asylum clock.
CA2 Finds Chinese Asylum Applicant’s Testimony “Replete with Inconsistencies”
The court found that the IJ’s negative credibility determination was supported by substantial evidence due to Petitioner's inconsistent statements and denied the asylum claim based on forced sterilization. (Lin v. Ashcroft, 6/14/05)
CA6 Rules IJ’s Off-Record Conversation with Her Albanian Clerk Is a Due Process Violation, but Finds No Prejudice to Albanian Asylum Applicant
The Court upheld IJ’s negative credibility determination in Albanian asylum case, but also found that IJ abandoned role as a neutral arbiter due to her off-record conversation with her Albanian clerk, amounting to a due process violation. (Vasha v. Gonzales, 6/14/05)
CA3 Orders New Hearing Due to Abusive Nature of Original IJ
The court found that IJ's findings on credibility and the willingness of the government to protect Trokosi slaves were not supported by substantial evidence, and ordered a new hearing where the IJ engaged in brow beating and insensitive questioning. (Fiadjoe v. Gonzales, 6/14/05)
Testimony of Carlina Tapia-Ruano on Post 9/11 Civil Liberty Issues
Testimony of AILA’s First Vice President, Carlina Tapia-Ruano, before the House Judiciary Committee on post 9/11 civil liberty issues (PATRIOT ACT and Executive initiatives).