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
CA6 Upholds AWO Procedure
The Sixth Circuit upheld the BIA's Affirmance Without Decision process. It also upheld the IJ's denial of a motion to rescind an in absentia order. (Denko v. INS, 12/8/03)
CA9 Rejects Habeas Claim on Discretionary Finding of a Particularly Serious Crime
The Ninth Circuit affirmed denial of a habeas petition where the petitioner was convicted of an aggravated felony and sentenced to 2 years, and the BIA found in its discretion that the conviction was for a particularly serious crime. (Singh v. Ashcroft, 12/5/03)
CA3 Says IIRAIRA Repealed the Fleuti Doctrine
The court held that IIRAIRA §301(a) repealed the Fleuti doctrine by implication. (Tineo v. Ashcroft, 12/4/03)
CA9 Requires Beyond Reasonable Doubt Standard For Support of Terrorist Organization
CA9 applied a 'beyond reasonable doubt' standard regarding knowledge of the designation or activities of a terrorist organization to a conviction for providing material support to a terrorist organization. (Humanitarian Law Project v. DOJ, 12/3/03)
CA3 Finds Possession with Intent to Distribute May Not Be an Aggravated Felony
The court found that a NJ conviction for possession of 28 grams of marijuana with intent to distribute may not be an aggravated felony, based on analogy to the federal statute which makes an exception for distribution of a small amount for no remuneration. (Wilson v. Ashcroft, 11/26/03)
CA6 Limits Section 236(c) Detention to Reasonable Period
The Sixth Circuit held that detention under section 236(c) is limited to a reasonable period, finding that where actual removal is not reasonably foreseeable, a person cannot be indefinitely detained wihtout strong special justification. (Ly v. Hansen, 11/26/03)
CA7 Finds Firing Gun in Air a "Cultural Purpose" But Rejects Cancellation Claim
The Seventh Circut found that firing a gun in the air on New Year's Eve can meet the "cultural purpose" exception to unlawful gun use, but rejected petitioner's cancellation claim on the basis that this is not part of the American culture. (Lemus-Rodriguez v. Ashcroft, 11/26/03)
CA7 Holds Misdemeanor Battery Not Crime of Domestic Violence
The Seventh Circuit found that an Indiana conviction for misdemeanor battery was not a crime of violence, since the threat or use of force was not a necessary element of the offense under state law. Matter of Martin is rejected. (Flores v. Ashcroft, (11/26/03)
CA1 Upholds Denial of Motion to Reopen Based on Prior Fraud
The court found that the BIA was within its discretion to deny a motion to reopen for adjustment of status even if Petitioner proved his third marriage was genuine, where evidence indicated that two prior marriages were fraudulent. (Krazoun v. Ashcroft, 11/25/03)
CA1 Finds AWO Provides Inadequate Basis for Review
The court remanded the BIA’s affirmance without opinion, finding insufficient information to determine if the BIA affirmed the IJ’s decision based on a reviewable or nonreviewable ground. (Haoud v. Ashcroft, 11/25/03)
CA9 Upholds Affirmance Without Opinion Procedure
The Ninth Circuit found that the BIA's affirmance without opinion procedure does not violate due process. (Falcon Carriche v. Ashcroft, 11/24/03)
CA6 Rejects Late-Filed Appeal
The Sixth Circuit rejected an appeal as untimely where counsel's miscalculation of the due date due to a law practice crisis did not amount to "extraordinary and unique" circumstances, and where the requirements of an ineffective assistance claim were not met. (Sswajje v. Ashcroft, 11/21/03)
ICE Tether Matrix
Tether matrix used by ICE to decide if a foreign national is subject to the Electronic Monitoring Program.
Government’s Crackdown on Immigrants Post 9/11 Creates Climate of Fear, Not Security
Post 9/11, the U.S. government has adopted policies that target individuals for investigation, detention, and removal based on their religion or ethnicity, which fail to enhance our security, have infringed on immigrants’ civil liberties and have created a climate of fear and distrust.
CA9 Rejects Frivolous Asylum Application Finding
The Ninth Circuit concluded that, where the IJ failed to provide petitioner with an adequate opportunity to address discrepancies in his asylum application, a finding that the asylum application was frivolous cannot be sustained. (Farah v. Ashcroft, 11/14/03)
CA3 Remands Asylum Claim for Corroborating Evidence
The court remanded the asylum claim where the IJ did not seek corroborating evidence of Petitioner's husband's political opinions, but specifically requested some documentation. (Mulanga v. Ashcroft, 11/14/03)
CA10 Rejects Jurisdiction over Hardship Determination
The Tenth Circuit held that the hardship determination in a cancellation of removal case was a discretionary decision, and thus barred from review in the courts of appeal under INA section 242(a)(2)(B). (Ventura v. Ashcroft, 11/13/03)
CA9 Upholds Rejection of Ineffective Assistance Claim
CA9 upheld the BIA's denial of a motion to reopen based on ineffective assistance of counsel, finding that the requirement of a sworn affidavit under Lozada is not arbitrary or unduly onerous. (Reyes v. Ashcroft, 11/12/03)
Overview of DHS Tethering Program
ICE presentation overviewing Detention & Removal operations and the agency's new program for electronic monitoring / house arrest. AILA Doc. No. 03111240.
Minutes from ICE Liaison Meeting with AILA (11/12/03)
November 2003 liaison discussions with the Immigration & Customs Enforcement bureau, such topics as ICE structure and initiatives, NSEERS, USVISIT, waiver adjudications, investigations of status violators, and bond determinations. Questions that were not reached during the meeting also are listed.
CA9 Rejects Amendment to Habeas Petition
Finding that an amendment to a habeas petition would have been futile for a petitioner convicted of burglary, CA9 refused to allow a motion for reconsideration to be treated as a habeas petition amendment. (Nunes v. Ashcroft, 11/3/03)
CA3 Upholds Indefinite Detention of Mariel Cuban
The court found that INA §241(a)(6) applies to a Mariel Cuban, but upheld the indefinite detention, finding that the 6-month presumption of reasonableness in Zadvydas does not apply to aliens who have not been admitted to the U.S. (Sierra v. Romaine, 10/29/03)
ACLU Advisory: NSEERS and Special Call-In Registration Re-registration Requirements
This ACLU Advisory outlines re-registration requirements for individuals who registered under both National Security Entry-Exit Registration System (NSEERS) and "Call-in Special Registration."
CSC Written Answers to AILA's Questions (10/29/03)
Although the 10/29/03 CSC liaison meeting was cancelled due to conditions resulting from the fires in the area, the CSC provided written answers to AILA's questions. Issues discussed include NTA issuance, RFEs, correcting I-94s, EB-5 cases, security checks, visa screen requirements, and more.
CA5 Holds That Departure under Administrative VD Terminates Physical Presence
The Fifth Circuit held that a departure following the grant of administrative voluntary departure terminates the continuous physical presence needed for cancellation of removal. (Mireles-Valdez v. Ashcroft 10/27/03)