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
Cerda Memo: Guidance on ICE Release Gratuity Program for Release Following Long-Term Immigration Detention
This ICE memo from February 18, 2005, provides guidance on implementation of the release gratuity program for qualified non-citizens eligible for release following long-term immigration detention.
CA1 Denies Asylum Based on Single Incident of Harm and Changed Conditions
The court found that Petitioner failed to show past persecution or a well-founded fear based on a single incident of harm to his father, the lack of harm to family members still in Guatemala, and changed conditions. (Rodriguez-Ramirez v. Ashcroft, 2/17/05)
EOIR Posts Notice Regarding Rejection of Motions Filed on EOIR-26 Forms
The Executive Office for Immigration Review advises that, commencing 2/7/05, it will reject motions filed on EOIR-26 notice of appeal forms.
MTRs under Barahona-Gomez v. Ashcroft Due by 3/20/05
The Executive Office for Immigration Review notice advises that 3/20/05 is the deadline for eligible class members to file Motions to Reopen under Barahona-Gomez v. Ashcroft (addressing certain suspension cases barred from approval due to the 4,000 annual cap concerns).
CA5 Finds No Constitutional Interest in §212(c) Relief; Does Not Consider Statutory Interest
The court reasoned that the erroneous denial of §212(c) relief did not render the deportation proceeding unfair because there is no constitutionally protected due process right to such relief. The court did not consider whether Petitioner had a statutory right. (Nguyen v. Gonzales, 2/9/05)
CA1 Upholds Denial of Asylum for Coptic Christian from Egypt
The court upheld the IJ’s determination that Petitioner lacked a subjective fear of persecution because he returned to Egypt on three separate occasions, and failed to corroborate his claim of past persecution. (Diab v. Ashcroft, 2/8/05)
DHS Releases FY2006 Budget Request
The DHS's FY2006 budget proposal requests $1,854 billion (an increase of $79 million from FY2005), including $80 million in discretionary funding, and $1,774 billon in mandatory funding generated from fee revenues.
Refugee Protection—Upholding an American Tradition
AILA welcomes the USCIRF findings in a study mandated by Congress on asylum seekers in expedited removal. H.R. 418 goes against the Commission’s recommendations and our traditions, and ignores the reforms that have been undertaken in the asylum system.
CA6 Holds Ohio Simple Possession Conviction Not an Aggravated Felony
CA6 concluded that an Ohio conviction for simple possession of heroin was not a "drug trafficking crime" and, thus, not an "aggravated felony", because the maximum possible sentence did not exceed one year. (Chi Jing Liao v. Rabbett, 2/7/05)
CA3 Says Racial Slurs Not Proof of Ethnic Persecution
The court found that use of racial slurs by Petitioners’ attackers was not adequate proof that the attackers were motivated by ethnicity, and that two robberies did not amount to persecution because they resulted in only theft of property and minor injuries. (Lie v. Ashcroft, 2/7/05)
CA1 Affirms LPR Abandonment Finding
The court held that substantial evidence supported the IJ’s order of exclusion against Petitioner for having abandoned his permanent resident status in the U.S. in favor of residence in Canada. (Katebi v. Ashcroft, 2/3/05)
CA10 Reverses Removal Order Based on Vacated Conviction Where Basis of Vacatur Unclear
Because the record was unclear as to whether the vacatur of Petitioner’s conviction was merits-based or equity-based, the court found that INS failed to meet its burden of proving removability, and reversed the removal order. (Cruz-Garza v. Ashcroft, 2/2/05)
CA9 Orders Evidentiary Hearing on Unlawful Arrest and Forced Departure Claims
If border agents unlawfully arrested and forced petitioner to depart while proceedings were pending, he can apply for suspension of deportation and INS would be estopped from using his subsequent attempted reentry to render him removable, the court ruled. (Salgado-Diaz v. Ashcroft, 1/31/05)
CA4 Holds that Untested Khat is Not a Controlled Substance
CA4 reasoned that petitioner was not removable on the basis of controlled substance charges because khat is not listed as a controlled substance and the khat that formed the basis of the charges was not tested to determine if it contained a controlled substance. (Argaw v. Ashcroft, 1/31/05)
Notes from NGO Meeting with Border Patrol Chief (1/31/05)
Disucssions in a meeting between non-governmental organizations, including AILA, and the Office of the Chief of Border Patrol, included such topics as infrastructure proposals, MOU between ICE and CBP, and expedited removal.
EOIR Interim Rule on Background and Security Investigations
EOIR's interim rule makes significant changes affecting granting of relief in removal proceedings pending security investigations, and consequences of respondents’ failure to comply. Comments are due 4/1/05. (70 FR 4743, 1/31/05)
State Bar of Texas Meeting Minutes (1/28/05)
The 1/28/05 minutes from the last quarterly meeting of the State Bar of Texas, Committee on Laws Relating to Immigration & Nationality, address a variety of issues, including DORA, backlogs, and pro bono representation.
CA4 Refuses EAJA Fees in Criminal Habeas Actions; Distinguishes Immigration Habeas Actions
The court held that § 2241 habeas petitioners in criminal custody are not entitled to recover EAJA fees because such actions are not purely “civil actions.” The court recognized that its rationale was not applicable to habeas petitions in the immigration context. (O’Brien v. Moore, 1/27/05)
CA7 Rejects Retroactive Application of Reinstatement Provision
The court held that the Service cannot reinstate a prior order of removal pursuant to INA § 241(a)(5) against an individual who reentered the U.S. and filed an affirmative relief application before 4/1/97. (Faiz-Mohammad v. Ashcroft, 1/27/05)
The REAL ID Act of 2005: Summary and Analysis of Provisions
AILA’s summary of the REAL ID Act of 2005 (H.R. 418), together with an analysis of selected provisions. The bill, introduced by Rep. James Sensenbrenner on 1-26-05, purports to enhance security through already failed anti-immigration proposals.
Text of the REAL ID Act (H.R. 418) as Introduced by Representative Sensenbrenner (R-WI)
Text of the REAL ID Act of 2005 (H.R. 418), introduced by Rep. James Sensenbrenner (R-WI) on 1/26/05. The bill purports to enhance security through already failed anti-immigration proposals.
BIA Denies Asylum Due to U.S. National Security
The BIA denied asylum to the leader-in-exile of an Algerian political group for assisting and condoning armed acts of persecution at home and for being a "danger to the security of the United States." (Matter of A-H-, 1/26/05)
Cerda Memo on Post-Order Custody Review after Clark v. Martinez
A 1/21/05 memo from Victor Cerda, Acting Director, Office of Detention and Removal Operations, ICE, provides interim guidance on post-order custody reviews following the Supreme Court's decision in Clark v. Martinez.
Attorney General Remands Matter of R-A-
The Attorney General remanded Matter of R-A- to the BIA "for reconsideration following publication of the proposed rule" on gender-based asylum. (Matter of R-A-, 1/19/05)
CA9 Holds that Filing a Timely Motion to Reopen and Stay Request Tolls the Voluntary Departure Period
Where a person files a motion to reopen and request for a stay of removal or voluntary departure prior to the expiration of the voluntary departure period, the court held that the departure period is tolled while the BIA is adjudicating the motion. (Azarte v. Ashcroft, 1/18/05)