Featured Issues

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.

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Updates from EOIR

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Practice Resources

Practice Alert: New Immigration Fees Authorized by the Reconciliation Bill

This chart provides an overview of new immigration fees authorized by the "Reconciliation Bill" which is expected to be signed into law by the President on July 4, 2025.  Fees should take effect immediately; however, AILA expects delays in fee collection until it can be operationalized by agencies.

Federal Agencies, FR Regulations & Notices

DOJ Notice of Revision and Extension of Form EOIR-26

DOJ notice of revision and extension of Form EOIR-26, Notice of Appeal From a Decision of an Immigration Judge. The form is used to appeal an immigration judge’s decision to the Board of Immigration Appeals (BIA). Comments are due 9/2/25. (90 FR 28815, 7/1/25)

7/1/25 AILA Doc. No. 25070201. Removal & Relief
Cases & Decisions, Federal Court Cases

CA3 Holds That Federal Conviction for Submitting False Claims to Government Was an Aggravated Felony Involving Deceit

The court held that the petitioner’s conviction for submitting false claims to the government under 18 USC §287 was categorically a crime of deceit that cost the government more than $10,000, and was thus an aggravated felony that rendered petitioner removable. (Lanoue v. Att’y Gen., 7/1/25)

7/1/25 AILA Doc. No. 25070302. Crimes, Removal & Relief
Cases & Decisions, Federal Court Cases

CA3 Remands for BIA to Apply Proper Legal Standard on Nexus for Religious Persecution

The court held that, by relying on both subordination– and animus-based tests in evaluating whether the petitioner was persecuted on account of his religion, the IJ and BIA applied the wrong legal standard for the nexus between religion and persecution. (Tipan Lopez v. Att’y Gen., 6/30/25)

6/30/25 AILA Doc. No. 25070301. Asylum & Refugees, Removal & Relief
Federal Agencies, FR Regulations & Notices

DHS and DOJ IFR Regarding Civil Penalties for Certain Immigration-Related Violations

DHS and DOJ released an interim final rule (IFR) updating procedures for DHS to issue fines for noncitizens who do not depart during the voluntary departure period or after a final removal order, or are apprehended while “improperly” entering the U.S. Comments are due 7/28/25. (90 FR 27439, 6/27/25)

6/27/25 AILA Doc. No. 25062710. Removal & Relief
Federal Agencies, Agency Memos & Announcements

DHS and DOJ Announce Updated Process for Immigration-Related Fines

DHS announced a joint interim final rule with DOJ updating procedures for DHS to issue fines for certain immigration-related violations. The new rule will eliminate a 30-day notice period, allow DHS to send fines by regular mail, and move the appeals process from DOJ to DHS, among other changes.

6/27/25 AILA Doc. No. 25062712. Removal & Relief
Federal Agencies, Agency Memos & Announcements

EOIR Policy Memo Regarding Civil Penalties for Certain Immigration-Related Violations

EOIR Acting Director released a policy memo to provide guidance on DHS and DOJ’s interim final rule, “Imposition and Collection of Civil Penalties for Certain Immigration-Related Violations” as it relates to EOIR. Fines imposed under the rule will no longer be subject to appellate review by BIA.

6/27/25 AILA Doc. No. 25062714. Removal & Relief
Federal Agencies, Agency Memos & Announcements

EOIR Policy Memo 25-33 on Neutrality and Impartiality in Immigration Court Proceedings

EOIR Acting Director Sirce E. Owen issued Policy Memorandum (PM) 25-33 reminding Immigration Judges of their ethical and professional responsibility obligations to treat both parties in a neutral, unbiased, and impartial manner. Judges who do not may be subject to corrective or disciplinary action.

6/27/25 AILA Doc. No. 25063008. Removal & Relief
Cases & Decisions, Federal Court Cases

SCOTUS Rules 30-day PFR Deadline Not Jurisdictional, Subject to Equitable Tolling

The U.S. Supreme Court ruled 5-4 that a BIA order denying deferral of removal in a withholding-only proceeding is not a final order of removal. The filing deadline to challenge a final order of removal is not a jurisdictional requirement and is subject to equitable tolling. (Riley v. Bondi, 6/26/25)

6/26/25 AILA Doc. No. 25062603. Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

BIA Holds That Respondent’s Virginia Conviction for Indecent Exposure Was a CIMT

The BIA held that the respondent’s Virginia conviction for indecent exposure constituted a crime involving moral turpitude (CIMT) because the offense requires an “obscene display or exposure,” which necessarily involves a lewd intent. Matter of Mayorga Ipina, 29 I&N Dec. 110 (BIA 2025)

6/26/25 AILA Doc. No. 25070204. Crimes, Removal & Relief
Federal Agencies

DHS Publishes Privacy Impact Assessment for the CBP Home App

CBP published a Privacy Impact Assessment to address privacy risks in the collection, maintenance, use, and dissemination of the information collected by the CBP Home app, which may include the collection of U.S. citizens’ and lawful permanent residents’ information.

6/25/25 AILA Doc. No. 25063005. Admissions & Border, Removal & Relief
Cases & Decisions, Federal Court Cases

CA1 Upholds Denial of Cancellation Where Petitioners Failed to Show Requisite Hardship under INA §240A(b)(1)(D)

Upholding the agency’s denial of cancellation of removal, the court dismissed for lack of jurisdiction the petitioners’ challenge to the agency’s factual findings underlying its hardship ruling under INA §240A(b)(1)(D), and denied the remaining legal claims. (Xiquin Xirum v. Bondi, 6/25/25)

6/25/25 AILA Doc. No. 25070205. Cancellation, Suspension & 212(c), Removal & Relief
Cases & Decisions, Federal Court Cases

CA6 Holds That Denaturalized Petitioner Is Not Removable for Crime Committed While a U.S. Citizen

The court held that the petitioner could not be removed under INA §237(a)(2)(E)(i) based on his conviction for a crime of child abuse that occurred while he was a U.S. citizen, even though he was later denaturalized. (Gonzalez Castillo v. Bondi, 6/18/25)

6/24/25 AILA Doc. No. 25062432. Crimes, Naturalization & Citizenship, Removal & Relief
Cases & Decisions, Federal Court Cases

CA4 Upholds Cancellation of Removal Denial After Finding EOIR Policy Was Not Binding

The court held that EOIR’s OPPM 17-04 on reserved grants of cancellation of removal was not binding and thus did not create any enforceable right, and that, alternatively, it would not have required a ruling in the petitioner’s case within five days. (Zalaya Orellana v. Bondi, 6/24/25)

6/24/25 AILA Doc. No. 25063001. Cancellation, Suspension & 212(c), Removal & Relief
Cases & Decisions, Federal Court Cases

SCOTUS Allows DHS to Resume Third-Country Removals Without Advance Notice for Now

The U.S. Supreme Court issued a stay of a district court ruling barring DHS from sending noncitizens to countries where they are not nationals without advance notice as litigation continues. Justice Sotomayor issued a dissent. (Department of Homeland Security, et al. v. D.V.D., et al., 6/23/25)

6/23/25 AILA Doc. No. 25062433. Removal & Relief
Cases & Decisions, Federal Court Cases

CA2 Finds Petitioner Derived Citizenship from Mother’s Naturalization Where Paternity Was Not Established by Legitimation

The court held that the Salvadoran petitioner’s paternity was not “established by legitimation” under former INA §321, and thus found that the petitioner derived U.S. citizenship through his mother’s naturalization and was not removable. (Lainez v. Bondi, 6/23/25)

6/23/25 AILA Doc. No. 25062762. Naturalization & Citizenship, Removal & Relief
Cases & Decisions, Federal Court Cases

CA7 Upholds Asylum Denial After Finding Petitioner Could Reasonably Relocate within India

The court held that substantial evidence supported the BIA’s conclusion that petitioner could reasonably relocate within India to avoid persecution, and thus that he was ineligible for asylum, withholding of removal, and Convention Against Torture (CAT) protection. (Singh v. Bondi, 6/23/25)

6/23/25 AILA Doc. No. 25062763. asy, Removal & Relief
Cases & Decisions, Federal Court Cases

CA11 Finds That Honduran Business Owners Targeted for Wealth Is Not a Cognizable PSG

The court upheld the BIA’s denial of asylum, finding that the petitioner’s proposed particular social group (PSG)—Honduran business owners who are “perceived as having wealth” and are “target[s] of threats and extortion by … criminal gangs”—was overly broad. (Ponce v. Att’y Gen., 6/23/25)

6/23/25 AILA Doc. No. 25063002. Asylum & Refugees, Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

BIA Finds Respondent’s Speculative Eligibility for Adjustment Insufficient to Warrant Termination of Proceedings

The BIA held that termination of removal proceedings is not warranted to allow a respondent to seek adjustment of status under the Cuban Refugee Adjustment Act based on speculation that USCIS will grant them parole under INA §212(d)(5)(A). Matter of Roque-Izada, 29 I&N Dec. 106 (BIA 2025)

6/20/25 AILA Doc. No. 25062308. Adjustment of Status, Humanitarian Parole, Removal & Relief
Cases & Decisions, Federal Court Cases

CA9 Holds That BIA Abused Its Discretion by Declining to Remand to IJ for Competency Determination

Granting in part the petition for review, the court held that the record evidence, including head trauma, alcohol abuse, dementia, anxiety, depression, and memory disturbance, clearly contained indicia of incompetence warranting further inquiry by the IJ. (Lemus-Escobar v. Bondi, 6/16/25)

6/16/25 AILA Doc. No. 25061813. Asylum & Refugees, Removal & Relief
AILA Announcements

Call for Examples – Affirmative I-589 “dismissed” by USCIS because applicant has a prior Expedited Removal Order (Form I-860)

AILA’s Asylum and Refugee Committee has received reports that some affirmative asylum applications are being dismissed by the Asylum Vetting Center on the basis of alleged expedited removal orders. The committee is currently gathering examples to better understand the scope and nature of this issue.

6/13/25 AILA Doc. No. 25061361. Asylum & Refugees, Expedited Removal, Removal & Relief
Cases & Decisions, Federal Court Cases

CA2 Holds That Clear Error Is Appropriate Standard of Review for Evaluating Hardship Determinations

The court held that clear error is the appropriate standard of review for evaluating hardship determinations, and upheld the agency’s finding that the petitioner failed to show the hardship required for cancellation of removal under INA §240A(b)(1)(D). (Toalombo Yanez v. Bondi, 6/13/25)

6/13/25 AILA Doc. No. 25061701. Cancellation, Suspension & 212(c), Removal & Relief
Practice Resources

Practice Alert: EOIR Guidance to Immigration Judges on Dismissals and Other Adjudications

On May 30th, 2025, immigration judges nationwide received instructions on how to adjudicate the recent wave of dismissal requests from ICE OPLA. Read this practice alert for the text of the email and accompanying guidance.

6/12/25 AILA Doc. No. 25061204. Expedited Removal, Removal & Relief
Federal Court Cases

DOJ Files Lawsuit to Stop New York’s Protect Our Courts Act

DOJ filed suit against the state of New York to stop the Protect Our Courts Act, a 2020 state law that prohibits federal officers from conducting civil arrests in or around courthouses without a warrant signed by a judge. (United States v. New York, 6/12/25)

6/12/25 AILA Doc. No. 25061706. Detention & Bond, Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

BIA Vacates IJ’s Release on Bond Order After Finding Respondent Failed to Show She Was Not a Flight Risk

The BIA held that a grant of withholding of removal that is pending on appeal does not justify release on bond where the factors regarding flight risk weigh strongly against release on bond. Matter of E–Y–F–G–, 29 I&N Dec. 103 (BIA 2025)

6/11/25 AILA Doc. No. 25061202. Detention & Bond, Removal & Relief