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
DHS Memo on Detention Prioritization and NTA Documentary Requirements
DHS 10/18/04 memorandum from DHS undersecretary Asa Hutchinson providing priorities for the detention of people and outlining documentary requirements which must be met when transferring people to ICE custody for removal proceedings. Courtesy of Peter D. Williamson.
CA5 Finds Contempt of Court Conviction Is An Aggravated Felony
The court held that petitioner’s conviction for refusing to testify before a grand jury in violation of 18 U.S.C. § 401(3) constituted an offense "relating to obstruction of justice” under INA § 101(a)(43)(S), and thus, an aggravated felony. (Alwan v. Ashcroft, 10/18/04)
White House Letter Fails to Adequately Support Deletion of Harmful Immigration Provisions in HR 10
Letter from the White House to House & Senate intelligence reform bill conferees, dated 10/18/04, fails to adequately call for the deletion of all the harmful immigration provisions contained in the House-passed measure (H.R. 10).
CA9 Permits Post-Removal Habeas Review Over Citizenship Claim
The court held that petitioners have a Fifth Amendment right to review of colorable citizenship claims and may obtain such review via habeas corpus even after accepting deportation and waiving their right to appeal an IJ's decision. (Rivera v. Ashcroft, 10/18/04)
Northern California District Court Certifies Class in LPR Documentation Case
The U.S. District Court for the Northern District of California has certified the class in a lawsuit challenging the USCIS' refusal to issue documentation of permanent residence to individuals granted permanent resident status by EOIR. (Santillan v. Ashcroft, 10/12/04)
GAO Report on DHS Immigration Enforcement
The Government Accountability Office (GAO) finds that all of the legacy INS interior enforcement strategy objectives have been incorporated in DHS's Bureau of Immigration and Customs Enforcement (ICE).
Final Text of H.R. 10 as Passed by the House
Text of the 9/11 Recommendations Implementation Act as passed by the House on October 8, 2004.
Statement of Administration Policy on 9/11 Recommendations
The Administration’s statement expresses, among other things, opposition to the overbroad expansion of expedited removal authorities contained in H.R. 10 as well as the overbroad alien identification standards proposed by the bill that are unrelated to security concerns.
DOJ Report: The BIA Pro Bono Project Is Successful
Based upon available EOIR data and an opinion survey completed by BIA Board members and attorneys, and by nongovernmental agencies, the project has been very successful in meeting its original goals. The report concludes with suggestions to continuously review and evaluate the BIA Pro Bono Project.
BIA Finds Pro Bono Project Very Successful at Meeting Original Goals
The BIA issued a program review report, finding that its Pro Bono Project, which recently completed its third year of operation, has been very successful in meeting its original goals. The report concludes with a few suggestions to continuously review and evaluate the BIA Pro Bono Project.
CA9 Applies Exhaustion Exception and Orders Remand in Repapering Case
The court reaffirmed that issues arising after briefing to the BIA is completed need not be exhausted. The court remanded the issue of whether the BIA was obligated to follow INS and EOIR memoranda instructing repapering. (Alacaraz v. INS, 10/1/04)
CA6 Finds that IJ Improperly Considered Unproven Sex Allegations and Reverses Adjustment Denial
The court held that the IJ's consideration of the unproven allegations of sexual misconduct contravened the BIA's decision in Matter of Catalina Arreguin de Rodriguez, 21 I. & N. Dec. 38 (1995) and necessarily prejudiced petitioner. (Billeke-Tolosa v. Ashcroft, 9/30/04)
EOIR Responses to AILA's Liaison Questions (9/30/04)
Liaison issues addressed with EOIR included local court rules, payment of fees, St. Cyr relief, publication of decisions, prima facie removability, judicial performance, video hearings, venue changes, "front desking", FOIA, impact of ICE's detention program, and EOIR's pro bono program.
BIA Upholds Denial of Adjustment for Failure to Maintain Status
The BIA found that failure to maintain status was not "for technical reasons" where an asylum application was filed while respondent was in nonimmigrant status, nonimmigrant status expired, and asylum was referred to an IJ prior to filing for adjustment of status. (Matter of L-K-, 9/30/04)
EOIR Press Release on Final Rule Implementing St. Cyr Decision
EOIR press release on the final rule establishing procedures for 212(c) applications for eligible lawful permanent residents with certain criminal convictions obtained by plea agreements prior to 4/1/97. Eligible individuals must apply for relief by filing special motions on or before 4/26/05.
DOJ Publishes Final Rule on 212(c) Relief
EOIR final rule with procedures for filing 212(c) relief for eligible individuals in proceedings or under final deportation/removal orders. Rule addresses criminal convictions resulting from pre-4/1/97 plea agreements reached prior to trial verdict. Rule effective 10/28/04. (69 FR 57826, 9/28/04)
CA11 Vacates Prior Decision Finding Removability Not Established in Weapons Case and Orders Rehearing En Banc
Applying the highly deferential substantial evidence standard, the court found that the BIA’s deportability finding was not unreasonable despite ambiguities in the conviction document. (Adefemi v. Ashcroft, 9/28/04)
CA3 Affirms Inadmissibility for Providing Material Support to Terrorists
Over dissent, the court upheld the BIA’s conclusion that petitioner was inadmissible because he provided food and shelter to individuals who he knew or reasonably should have known had committed or planned to commit terrorist acts. (Singh-Kaur v. Ashcroft, 9/23/04)
BIA Recognizes Validity of Post-Operative Transsexual Marriage
In an unpublished decision, the BIA found that the beneficiary who completed male-to-female sexual conversion surgery and married a male, is in an opposite-sex marriage for purposes of of the Defense of Marriage Act. Courtesy of Jose Monge.
CA3 Says Attempted Reckless Endangerment Is Not a CIMT
The court reasoned that the actual intent for an attempt conviction was inconsistent with acting recklessly. “A person cannot intend to commit a criminally reckless act. He or she either acts recklessly or does not.” (Knapick v. Ashcroft, 9/17/04)
CA3 Says Delaware Sexual Contact Is Not An Aggravated Felony
Employing the categorical approach, the court held that petitioner was not convicted of the aggravated felony of sexual abuse of a minor because the criminal statute at issue did not contain an element specifying the age of the victim. (Singh v. Ashcroft, 9/17/04)
EOIR Memo on Unaccompanied Minors in Proceedings
The Executive Office for Immigration Review (EOIR) memo defines "unaccompanied alien child," limiting the child's age to under 18; discusses modifications of courtroom settings and appropriate courtroom procedures; and addresses specified coding for unaccompanied minors' cases.
CA7 Holds That Non-Compelled Departures Do Not Break Physical Presence for Cancellation Eligibility
The court held that INA § 242(a)(2)(B) does not bar review of non-discretionary statutory eligibility requirements for discretionary relief, and that departures made without any threat of removal proceedings do not break continuous physical presence. (Morales-Morales v. Ashcroft, 9/15/04).
EOIR Fact Sheet on BIA Streamlining
The Executive Office for Immigration Review (EOIR) Fact Sheet summarizes EOIR's assessment of the Board of Immigration Appeals' streamlining procedure with respect to backlog reduction and appeals to the Federal Circuit Courts.
CA1 on Retroactive Effect of Reinstatement Provision
The court held that application of the reinstatement provisions under INA §241(a)(5) would not have impermissible retroactive effect because Petitioner was not eligible for adjustment of status before it took effect. (Lattab v. Ashcroft, 9/14/04)