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
CA4 Finds BIA Abused Its Discretion by Ignoring Evidence That Honduras Was Unable or Unwilling to Control MS-13
The court held that the BIA abused its discretion when it ignored credible, unrebutted, and legally significant evidence in the record and concluded that petitioner failed to demonstrate that the Honduran government was unable or unwilling to control MS-13. (Ramos Marquez v. Bondi, 11/19/25)
Featured Issue: U.S. Immigration Courts under Trump 2.0
The U.S. immigration court system plays a critical role in ensuring due process and fair hearings for people facing deportation. But the Trump Administration has made significant changes that challenge the integrity of these courts. On this page, you will find news and resources on these changes.
CA9 Denies Motion to Stay Removal Where Petitioners Failed to Show Likelihood of Success or Irreparable Harm
The court denied the petitioners’ motion for a stay of removal pending disposition of their petition for review, finding they failed to show a likelihood of success on their asylum and related claims or particularized irreparable harm. (Rojas-Espinoza v. Bondi, 10/24/25, amended 11/25/25)
AILA Endorses The Temporary Immigration Judge Integrity Act
Sen. Adam Schiff (D-CA) and Rep. Juan Vargas (CA-52) introduced the Temporary Immigration Judge Integrity Act. This proposed bill would ensure temporary immigration judges have essential expertise in immigration law to enhance the fairness and accuracy of adjudications. AILA endorses this bill.
Call for Examples: Harmful Impacts of Expedited Removal on Paroled Individuals in Support of Amicus Brief
AILA’s Amicus Committee is preparing a “stories” amicus brief to illustrate the real-world human and systemic harms caused by the government’s unlawful application of expedited removal to paroled individuals—from the perspective of immigration attorneys and their clients.
CA1 Adopts Time-of-Conviction Rule for Controlled Substance Removability
Denying the petition for review, the court held that the relevant Controlled Substances Act (CSA) definition for determining removability under INA §237(a)(2)(B)(i) is the one in effect at the time of the noncitizen’s conviction, not at the time of removal proceedings. (Dor v. Bondi, 12/1/25)
CA6 Upholds Asylum Denial as to Single Salvadoran Female Salon Owner
The court held that substantial evidence supported the denial of asylum and other relief, finding that petitioner’s proposed PSGs were not cognizable, that internal relocation was reasonable, and that she failed to show a likelihood of torture. (Cristales-de Linares, et al. v. Bondi, 12/1/25)
CA9 Upholds Denial of Asylum as to Sikh Mann Party Member from India
The court held that threats from masked men, two brief beatings, and a short detention of the Sikh Mann party member petitioner did not rise to the level of past persecution, and found that he could avoid future persecution by relocating within India. (Singh v. Bondi, 12/1/25)
CA1 Upholds BIA’s Finding That Colombian Government Was Able to Protect Bakery Owner from Gang Threats
The court held that substantial evidence supported the BIA’s finding that the Colombian government was able to protect petitioner and his family from gang threats, and thus found he failed to show the required nexus for his asylum or withholding claims. (Restrepo Castano v. Bondi, 11/26/25)
CA5 Denies Stay of Removal, Noting That Equitable Relief Is Not a Right
The court issued a published an order denying the petitioner’s request for a stay of removal, emphasizing that equitable relief, even if it is temporary or short, is never a matter of right or convenience. (Labrador Gutierrez v. Bondi, 11/26/25)
CA2 Finds Agency Failed to Address Whether Guatemalan Government Would Acquiesce to Petitioner’s Torture by a Private Actor
The court held that the BIA and IJ failed to properly assess whether the Guatemalan government would acquiesce to petitioner being tortured in prison by private parties who would target him if he returned to Guatemala, and thus remanded his claim for CAT relief. (B.G.S. v. Bondi, 11/24/25)
DOJ 30-Day Notice of Revision and Extension of Forms EOIR-42A and EOIR-42B
DOJ notice of revision and extension of Form EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents and Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents. Comments are due 12/22/25. (90 FR 52708, 11/22/25)
CA6 Holds That Age of Qualifying “Child” under INA §240A(b)(1)(D) Is Ascertained When IJ Renders Its Decision
The court reversed BIA’s order finding petitioner no longer qualified as a “child” under the INA because she was over 21 at the time of the BIA’s decision, holding that age for cancellation under §240A(b)(1)(D) is determined when the IJ issues its decision. (Perez-Perez v. Bondi, 11/21/25)
CA6 Upholds BIA’s Finding That No Extraordinary Circumstances Excused VAWA Petitioner’s Six-Year Delay in Filing Motion to Reopen
The court held that the BIA did not err in concluding that the Violence Against Women Act (VAWA) petitioner failed to show extraordinary circumstances that would excuse his six-year delay in seeking reopening under the special rule for VAWA petitioners. (Sarkisov v. Bondi, 11/21/25)
Updated Practice Pointer: USCIS Transition to “Electronic Payments” and Implements ACH Debit Payment Option for Filing Fees
AILA's USCIS Operations Committee share an updated practice pointer on the implementation of ACH debit payments following updated information released by USCIS post implementation.
ICE Notice of FY26 Adjustments for Inflation for Certain Fees Required by H.R. 1
ICE announced FY26 inflationary adjustments to certain fees required by H.R. 1, effective 12/1/25. The adjusted fee amounts for individuals removed in absentia and inadmissible individuals arrested between ports of entry are $5,130. (90 FR 52425, 11/20/25)
BIA Holds That VAWA Waiver Excuses Only Time Limits, Not Numerical Bar on Motions to Reopen
The BIA held that under INA §240(c)(7)(C)(iv)(III), the extraordinary circumstances or extreme hardship waiver for motions to reopen only applies to temporal limitations for filing a motion to reopen to apply for relief under VAWA. Matter of B–S–H–, 29 I&N Dec. 313 (BIA 2025)
CA9 Holds That Minor Defects in Petition for Review Did Not Warrant Dismissal Under INA §242(c)
The court held that the petitioner’s failure to comply with the precise requirements of INA §242(c) did not warrant dismissing or denying his petition, finding that imperfections in his filing did not deprive the government of notice or result in prejudice. (Kazarian v. Bondi, 11/18/25)
DHS Notice of U.S.-Ecuador Agreement on Transfer of Third-Country Nationals to Ecuador
DHS published the Agreement between the Government of the United States of America and the Government of the Republic of Ecuador relating to the transfer of third-country nationals to Ecuador, effected by exchange of diplomatic notes on 7/16/25 and 7/23/25. (90 FR 51376, 11/17/25)
BIA Holds That Isolated Police Refusal Does Not Establish Government Unwillingness to Protect
The BIA held that a single attempt to report harm by private actors to local police, without further police harm or evidence of widespread collusion with the alleged persecutors, does not show the government is unable or unwilling to protect. Matter of K-S-H-, 29 I&N Dec. 307 (BIA 2025)
CA10 Holds That Recidivist DUI Conviction Showed Lack of Good Moral Character for Cancellation of Removal Purposes
The court found that the BIA properly concluded that the recidivist nature of the petitioner’s 2017 DUI conviction, his fourth such offense, demonstrated lack of good moral character under INA §240A(b)(1)(B) within the 10-year period. (Luna-Corona v. Bondi, 11/17/25)
BIA Finds IJ Improperly Granted Administrative Closure Absent Prima Facie SIJ Eligibility
The BIA held that, given the respondent’s failure to submit evidence of his prima facie eligibility for SIJ classification and the extended delay in the availability of a visa, the IJ erred in granting administrative closure. Matter of Cahuec Tzalam, 29 I&N Dec. 300 (BIA 2025)
Practice Alert: Information on New Temporary Immigration Judges
AILA National shares a practice alert with information on twenty-five recently appointed temporary immigration judges (TIJ) who began adjudicating cases on 10/27/25. Available information includes judge name, court of practice, personal biographies, and more.
CA4 Holds That Petitioner’s Virginia Conviction for Receipt of Stolen Property Was a CIMT
On remand from the Supreme Court in light of Loper Bright, the court held that the petitioner’s conviction in Virginia for receipt of stolen property was a crime involving moral turpitude (CIMT) rendering him ineligible for cancellation of removal. (Solis-Flores v. Bondi, 11/13/25)
CA5 Holds Forfeiture Order Can Constitute Clear and Convincing Evidence of Funds Laundered under INA §101(a)(43)(D)
The court held that an unrebutted forfeiture order entered against a noncitizen finding a specific amount of laundered funds attributable to their conduct of conviction can be clear and convincing evidence of the funds amount under INA §101(a)(43)(D). (Dominguez Reyes v. Bondi, 11/6/25)