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
AILA/TSC Liaison Minutes (5/9/05)
Discussions with Texas Service Center included such topics as I-485 approval notices, fingerprinting, preservation of priority dates, EB-5 processing, F-1 documentation, error on advance parole documents, handling of applications for persons in proceedings, and more.
CA9 Remands VAWA Cancellation Case
The court found that the IJ’s credibility determination was skewed by his own stereotypical assumptions about domestic violence and further found that the IJ’s refusal to allow expert testimony to address those credibility concerns violated due process. (Lopez-Umanzor v. Gonzales, 5/6/05)
CA3 Overturns BIA by Applying Mixed Motive Analysis
The court rejected the argument that the child had not met his burden of proof where the motivation for his arrest was based in part on a legitimate law enforcement purpose, noting that persecution need not be motivated solely by a protected ground. (Singh v. Gonzales, 5/5/05)
Alert: Restrictions on Judicial Review Imminent
The REAL ID Act, which seems likely to pass through Congress and the White House by next, contains a new set of severe limitations on judicial review. Find out how these new provisions will affect you and your clients.
CA9 Claims Jurisdiction to Examine Circumstances Causing Late Filing of Asylum Claim When IJ & BIA Fail to Do So
CA9 found that the IJ and BIA had failed to address Petitioner’s argument that his failure to file within one year was due to extraordinary circumstances remanded. It also overturned the IJ’s ruling that Petitioner was targeted for purely personal reasons. (Sagaydak v. Gonzales, 5/4/05)
BIA on Eligibility for Custody Redetermination
The BIA held that certain individuals screened for expedited removal and then placed in removal proceedings following a positive credible fear ruling are eligible for a custody redetermination hearing before an IJ. (Matter of X-K-, 5/4/05)
Summary and Analysis of the REAL ID Act of 2005
AILA’s summary and analysis of selected immigration provisions of the REAL ID Act (H.R. 418) contained in the Emergency Supplemental Appropriations Package (H.R. 1268) revised to reflect the information provided in the 5/3/05 conference report.
CA4 Finds Insertion of an IUD and a Fine Not Persecution
CA4 found insertion of an IUD did not constitute persecution where Petitioner never had the IUD removed and had a child unharmed in China despite nonpayment of a substantial fine. It also found that the fine imposed did not constitute a threat to life or liberty. (Li v. Gonzales, 5/2/05)
CA9 Finds BIA Has Authority to Extend Notice of Appeal Deadline in “Rare Circumstances”
Where Petitioner made a prima facie showing that overnight mail carrier failed to timely deliver the notice of appeal, the court found that the BIA abused its discretion when it failed to consider the “rare circumstances” exception. (Oh v. Gonzales, 5/2/05)
CA10 Declines to Adopt Definition of a Particular Social Group in Rejecting Asylum Claim of Honduran Debtors
CA10 held that regardless of which “particular social group” definition was applied, being small businessmen whose businesses were ruined by Hurricane Mitch, and who are indebted to private creditors, failed to meet any of the circuit courts’ tests. (Cruz-Funez v. Gonzales, 5/2/05)
State Bar of Texas Meeting Minutes (04/29/05)
Minutes from the 4/29/05 meeting of the State Bar of Texas Committee on Laws Relating to Immigration & Nationality.
CA3 Finds Child of Parents Subject to Coercive Population Controls Is Not Eligible for Asylum
The court concluded that Petitioner could not establish eligibility for asylum by virtue of the harm his parents suffered as a result of China’s coercive population control methods because his interest in the birth of the additional child is remote. (Wang v. Gonzales, 4/27/05)
CA1 Finds Jurisdiction to Review Denial of Hardship Waiver
The court held that INA §242(a)(2)(B)(ii) did not preclude review of a hardship waiver, because the “decision or action” -- that Petitioner was ineligible because she failed to prove she married in good faith -- is not discretionary. (Cho v. Gonzales, 4/19/05)
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.