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
CA9 Reverses BIA Denial of Ineffective Assistance of Counsel Motion to Reopen for Minor
The Court found that the minor's counsel was incompetent, and that the minor was denied a full and fair hearing because the IJ "may have to take an affirmative role in securing representation by competent counsel" and did not do so. (Lin v. Ashcroft, 1/26/04)
CA10 Finds it Has Jurisdiction to Review BIA AWO Determinations
The Court rejected the government's arguments that the Court lacked jurisdiction to review the BIA's determinations to issue AWO decisions, but found that the petitioner's case contained no error. (Batalova v. Ashcroft, 1/23/04)
CA7 Finds INA Definition of "Conviction" is Met, Regardless of Pending Appeal
Citing to First and Fifth Circuit decisions, the Seventh Circuit held that an individual is considered “convicted” once a court enters a formal judgment of guilt, regardless of whether any direct appeal of the conviction is pending. ()Montenegro v. Ashcroft, 1/22/04)
ICE Memos on Fugitive Operations Program Apprehension Goals
This document is a series of ICE Office of Detention & Removal memos, obtained by the Cardozo School of Law, which provide guidance for National Fugitive Operations Program teams. They suggest a policy change from focusing on dangerous fugitives, to arresting easy targets without a criminal record.
CA7 Finds that Probationary Disposition Meets the INA Definition of "Conviction"
CA7 found that INA § 236(c) did not preclude review of petitioner’s habeas petition, but ruled against petitioner in holding that a probationary disposition does satisfy the INA definition of "conviction." (Gonzales v. O'Connell, 1/21/04)
CA6 Remands Case on Terrorist Organization Issue
CA6 held that the BIA erred and abused its discretion when it denied a motion to remand where an organization was not designated a terrorist organization at the time of petitioner's involvement, and the record contained several favorable factors. (Daneshvar v. Ashcroft, 01/20/04)
Supreme Court to Address Whether Non-Admitted Foreign Nationals May Be Detained Indefinitely
The Supreme Court granted cert to resolve a circuit split on whether its decision in Zadvydas, striking down indefinite detention of noncitizens awaiting removal, applies to individuals who have not been “admitted.” (Benitez v. Wallis)
Proposed Amendments to Sentencing Guidelines Include Several Relating to Immigration Offenses
The U.S. Sentencing Commission has issued a notice setting forth proposed amendments to the sentencing guidelines, including several pertaining to immigration-related offenses. (69 FR 2169, 1/14/04)
CA1 on Authentication of Documents
The court found admissible documents which purported to show that Petitioner applied for asylum in Germany because “authentication requires nothing more than proof that the document or thing is what it purports to be.” (Yongo v. Ashcroft, 1/14/04)
CA10 Upholds BIA's AWO Procedure
Substantially adopting the First Circuit's position, the Tenth Circuit Court found that the BIA's Affirmance without Opinion (AWO) procedure does not violate principles of administrative law or due process. (Yuk v. Ashcroft, 1/10/04)
CA6 Grants Audita Querela to Stop Unconscionable Removal
Writ of audita querela granted based on the severe punishment for minor juvenile offenses, INS delays, removal proceedings based on a violation of state law sealing the juvenile records, and petitioner was not informed of the immigration consequences of her plea. (Ejelonu v. INS, 1/8/04)
CA5 Rules Intoxicated Assault Not a Crime of Violence Under Sentencing Guidelines
CA5 found that use of force was not an element of the intoxication assault statute which stated that the offense may be committed “by accident or mistake” and the statute does not require that bodily injury was caused by the defendant’s conduct. (United States v. Vargas-Duran, 1/8/04)
ICE Memo on Changes to NSEERS
A 1/8/04 memo from Victor Cerda, ICE Acting Principal Legal Advisor, discussing changes to National Security Entry Exit Registration System (NSEERS) special registration program.
En Banc CA10 Finds No Constitutional Right to be Informed of 212(c) Relief
The 10th Circuit reversed its affirmance of a District Court's dismissal of removal proceedings, holding that the defendant did not have a right to be informed of available discretionary relief. (United States v. Aguirre-Tello, 1/6/04)
CA8 Holds that Voluntary Departure Interrupts Continuous Physical Presence
The Court held that departure from the U.S. pursuant to voluntary departure interrupts continuous physical presence for cancellation of removal eligibility, affirming Matter of Romalez-Alcaide, 23 I. & N. Dec. 423 (BIA 2002). (Palomino v. Ashcroft, 1/15/04)
CA8 Upholds AWO Procedure
The Eighth Circuit upheld the BIA's Affirmance Without Decision process. On the merits, it affirmed the IJ's denial of asylum and withholding. (Loulou v. Ashcroft, 12/30/03)
EOIR Proposes Attorney Registration Program
EOIR proposed rule to amend regulations to require registration of attorneys and representatives as a condition of practicing before IJs and the BIA. The preamble indicates that the proposed rule is to facilitate the institution of electronic filing. Comments due by 3/1/04. (68 FR 75160, 12/30/03)
CA10 Holds Failure to Appear Not Excusable
The Tenth Circuit held that the pendency of a motion to change venue was not an "exceptional circumstance" excusing a failure to appear at an immigration hearing. (Tang v. Ashcroft) (12/29/03)
CA3 En Banc Panel Upholds AWO Procedure
The en banc panel upheld the validity of the BIA's affirmance without opinion (AWO) process but reversed the IJ's denial of relief on credibility grounds. (Dia v. Ashcroft, 12/22/03)
CA3 Looks To Amount of Loss for Aggravated Felony Determination
The court concluded that the amount of loss, not the amount of restitution, is the critical factor in determinating whether a conviction for a crime involving fraud or deceit is an aggravated felony. (Munroe v. Ashcroft, 12/16/03)
CA7 Finds Fleuti Doctrine Superseded
The Seveth Circuit upheld the denial of a suspension claim where the petitioner had made a 6-month trip to Mexico in 1990, finding that IIRAIRA superseded the Fleuti doctrine with respect to the continuity of physical presence. (Tapia v. Ashcroft, 12/16/03)
CA5 Finds Drug Money Laundering to be Crime Involving Moral Turpitude
Relying on the record of criminal information where the statute was divisible, CA5 found that a federal conviction for traveling in interstate commerce with intent to facilitate money laundering the proceeds of drug trade was a crime involving moral turpitude.(Smalley v. Ashcroft, 12/15/03)
CA2 Orders Appointment of Counsel in Immigration Case
The court ordered the appointment of counsel to brief the pro se Petitioner's advance parole claim and whether Petitioner's appeal was rendered moot based on his status as the spouse of an asylee. (Pozdniakov v. INS, 12/12/03)
CA6 Holds that It Can Stay Voluntary Departure
The Sixth Circuit concluded that it has equitable authority to stay a voluntary departure period. (Nwankanma v. Ashcroft, 12/10/03)
CA2 on Retroactivity of AEDPA §440(d)
The court found that AEDPA §440(d) was not applied in an impermissibly retroactive manner where the conduct occurred prior to the statute's effective date but the plea was entered after the effective date. (Khan v. Ashcroft, 12/9/03)