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
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)
AILA Press Release: Protecting the Most Vulnerable
AILA urges support for the Unaccompanied Alien Child Protection Act of 2003, and commends Representative Zoe Lofgren (D-CA) for introducing this crucial piece of legislation which addresses many of the problems facing the over 5,000 unaccompanied immigrant children found in the U.S. each year.
CA2 Finds CT Statutory Rape Is an Aggravated Felony
The court held that second-degree sexual assault (statutory rape) in violation of Connecticut General Statutes §53a-71 is an aggravated felony crime of violence. (Chery v. Ashcroft, 10/17/03)
CA9 Shows Inclination to Refuse Retroactive Effect of IIRAIRA Section 321
The Ninth Circuit indicated an inclination to hold that a retroactive effect of IIRAIRA section 321's expansion of the aggravated felony definition would violate due process. (USA v. Ubaldo-Figuerora, 10/17/03)
ABA Calls on BIA to Discard 2002 Procedural Changes
The American Bar Association (ABA), on 10/13/03, called on the BIA to discard procedural changes it adopted in 2002. The announcement follows an ABA review of a recent study on the BIA changes which found that they have had a “serious and sweeping effect on the administration of justice.”
CA9 Holds that a Pre-Sentence Report is Not Within the Record of Conviction For the Purpose of Determining Grounds of Removal
CA9 held that, for a conviction under a state statute criminalizing both conduct that does and does not qualify as an aggravated felony, the record of conviction can be examined, but a Pre-Sentencing report is not part of the record of conviction. (Lara-Chacon v. Ashcroft, 10/10/03)
EOIR Instructions for Going "Off-Record" During Proceedings
OCIJ memo advises IJ’s to limit off-record discussions, instructs to clarify for the record when the recorder is turned off, summarize the off-record discussion when the recorder is turned on, and ask the parties if there is anything to add to the summary. Memo became effective on 10/10/03.
CA3 on Impact of Credibility Finding on Corroboration
The court remanded to the BIA to reconsider its adoption of the IJ's finding on corroboration in light of its reversal of the IJ's adverse credibility finding. (Miah v. Ashcroft, 10/9/03)