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

Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
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Cases & Decisions, Federal Court Cases

District Court Blocks ICE from Detaining Unaccompanied Minors Once They Turn 18

The U.S. District Court for the District of Columbia granted an emergency motion to enforce the 2021 court ruling that prevents ICE from illegally locking up UACs in adult detention centers once they turn 18. (Garcia Ramirez, et al. v. ICE, et al., 10/4/25)

Examples & Questions

Call for Examples: Immigrant (EB-5) Investors in Receipt of NTAs

AILA’s EB-5 Committee is seeking specific examples of NTAs issued to immigrant investors and their family members.

10/2/25 AILA Doc. No. 25100208. EB-5 Investors, Removal & Relief
Cases & Decisions, Federal Court Cases

CA1 Remands Adjustment Claim Where BIA Failed to Apply Corroboration Requirement Before Giving Substantial Weight to Police Reports

The court held that the BIA violated its own precedent by giving substantial weight to police reports from the Haitian petitioner’s arrests that did not result in convictions without corroborating evidence, and thus remanded his claim for adjustment of status. (Maurice v. Bondi, 10/2/25)

Client Flyers

Client Flyer: What Happens During a Government Shutdown?

AILA provides an easy flyer for you to share with your clients to help them understand what happens to immigration-related agencies during a government shutdown.

10/1/25 AILA Doc. No. 24021234. Business Immigration, Family Immigration, Removal & Relief
Practice Resources

Practice Alert: What Happens When the Government Shuts Down

AILA National shares information on how federal agencies may be affected as a result of the government shutdown. This page will continue to be updated as more information is received.

10/1/25 AILA Doc. No. 25092403. Business Immigration, Family Immigration, Removal & Relief
Cases & Decisions, Federal Court Cases

CA3 Remands Where BIA Misapplied Particularly Serious Crime Test and Failed to Address CAT and Waiver Claims

The court found that BIA misapplied the particularly serious crime framework for petitioner’s asylum and withholding claims, failed to properly assess his Convention Against Torture (CAT) claim, and failed to inform him of eligibility for an INA §212(h) waiver. (Amos v. Att’y Gen., 10/1/25)

10/1/25 AILA Doc. No. 25100701. Asylum & Refugees, Crimes, Removal & Relief, Waivers
Practice Resources

Practice Pointer: USCIS Transition to “Electronic Payments” and Implements ACH Debit Payment Option for Filing Fees

AILA's USCIS Operations Committee provides pointers on the upcoming transition to "electronic payments," which takes effect on 10/29/2025 in accordance with Executive Order 14247. This pointer does not cover the ethics aspect, although such resource is forthcoming.

9/30/25 AILA Doc. No. 25093003. Business Immigration, Family Immigration, Removal & Relief
Practice Resources

Practice Alert: New Asylum Application Fees and Category (c)(8) Employment Authorization Document Fees Mandated by H.R.1

The Asylum and Refugee Committee, in coordination with the EOIR Committee, are issuing this practice alert to clarify the H.R.1-imposed fees on new and pending asylum applications. This document will continue to be updated with any new or updated guidance.

9/30/25 AILA Doc. No. 25093006. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA9 Remands Mexican Petitioner's CAT Claim Where BIA Failed to Consider Expert Testimony and Country Conditions

The court held that the BIA failed to give reasoned consideration to extensive expert testimony and country-conditions evidence regarding the risk of torture to the Mexican petitioner, and thus remanded petitioner’s Convention Against Torture (CAT) claim. (Uc Encarnacion v. Bondi, 9/30/25)

9/30/25 AILA Doc. No. 25100700. Asylum & Refugees, Removal & Relief
Federal Agencies, Agency Memos & Announcements

DOJ Publishes FY 2026 Shutdown Contingency Plan

DOJ published a contingency plan for DOJ operations in case of a lapse in appropriations. For EOIR, the plan states that cases “involving detained respondents” will move forward during the shutdown. It does not address non-detained dockets.

9/29/25 AILA Doc. No. 25100200. Removal & Relief
Cases & Decisions, Federal Court Cases

CA10 Remands Where BIA Incorrectly Treated Petitioner’s Asylum Appeal as Waived

The court denied the petition for review as to cancellation of removal, but found that the BIA abused its discretion by treating the petitioner’s asylum appeal as waived, and thus remanded for the BIA to address the merits of the petitioner’s asylum appeal. (Rangel-Fuentes v. Bondi, 9/29/25)

Cases & Decisions, DOJ/EOIR Cases

BIA Holds That Perceived PSG Membership Requires Cognizable Underlying Group

The BIA held that perceived or imputed membership in a proposed particular social group (PSG) will only satisfy PSG requirements if the underlying group of which respondent is perceived to be a member is, standing alone, sufficiently cognizable. Matter of L–A–L–T–, 29 I&N Dec. 269 (BIA 2025)

9/26/25 AILA Doc. No. 25092907. Asylum & Refugees, Removal & Relief
Federal Agencies, Agency Memos & Announcements

EOIR Policy Memo (PM 25-51) Withdrawing Email on Motions to Dismiss or Terminate

EOIR Acting Director Roman Chaban released a Policy Memorandum (PM 25-51) withdrawing a 5/30/25 email from an Acting Regional Deputy Chief Immigration Judge providing guidance on adjudicating motions to dismiss or terminate.

9/23/25 AILA Doc. No. 25092502. Removal & Relief
Litigation Resources, AILA Announcements

Discuss Habeas Petitions with Your AILA Community

We've launched a new forum on AILA's Message Center that focuses on discussions about Habeas Corpus. Ask for advice, share wins, and more! This forum is exclusively for AILA members.

9/22/25 AILA Doc. No. 25092203. Detention & Bond, Removal & Relief
Cases & Decisions, Federal Court Cases

CA1 Dismisses Asylum Claim and Upholds Denial of Withholding and CAT Protection as to Guatemalan Petitioner

The court dismissed petitioner’s asylum claim for lack of jurisdiction under INA §208(a)(2)(D) and upheld the BIA’s denial of withholding of removal and Convention Against Torture (CAT) relief as to petitioner, who was threatened by hooded men in Guatemala. (Zapet-Alvarado v. Bondi, 9/22/25)

9/22/25 AILA Doc. No. 25092905. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA1 Finds That BIA Abused Its Discretion by Failing to Explain Reason for Denial of Late-Filed Brief

The court held that the BIA’s lack of explanation as to why it decided not to exercise its discretion to accept the petitioner’s late-filed brief after the petitioner presented a plausible reason for the brief’s untimeliness warranted a remand. (López-Gómez v. Bondi, 9/22/25)

9/22/25 AILA Doc. No. 25092906. Removal & Relief
Practice Resources

Practice Alert: New EOIR memo outlining court performance standards and priorities

EOIR releases a memo clarifying standard case priorities and releases a new set of court-specific performance standards. The memo states that there will not be a return to individual judge quotas for the time being.

9/19/25 AILA Doc. No. 25091961. Removal & Relief
Cases & Decisions, Federal Court Cases

CA6 Upholds BIA’s Denial of Third Motion to Reopen and Refusal to Reopen Sua Sponte as to Honduran Petitioner

The court upheld the BIA’s denial of the petitioner’s third motion to reopen, rejecting her notice and jurisdictional arguments and finding no abuse of discretion or legal error in the BIA’s refusal to reopen sua sponte. (Vargas-Rodriguez v. Bondi, 9/19/25)

9/19/25 AILA Doc. No. 25092501. Removal & Relief
Cases & Decisions, Federal Court Cases

CA1 Remands Where BIA Failed to Address Petitioner’s Risk of Torture by Low-Level Haitian Officials under CAT

The court held that the BIA failed to address the petitioner’s Convention Against Torture (CAT) claim insofar as he based the claim on the risk that lower-level government officials in Haiti would torture him while he was held in a detention facility or prison. (Fleurimond v. Bondi, 9/18/25)

9/18/25 AILA Doc. No. 25092500. Removal & Relief
Cases & Decisions, Federal Court Cases

CA6 Upholds Denial of Motion to Reopen After Finding Petitioner Was Ineligible for Rescission or Cancellation

The court held that the BIA did not abuse its discretion in denying the petitioner’s motion to reopen, concluding that the petitioner was not eligible for rescission under INA§240(b)(5)(C)(ii) and that he was not entitled to cancellation of removal. (Guzman-Torralva v. Bondi, 9/17/25)

9/17/25 AILA Doc. No. 25092205. Cancellation, Suspension & 212(c), Removal & Relief
Federal Agencies, Agency Memos & Announcements

EOIR Policy Memo (PM 25-49) on Clerical Transfers of Bond Redetermination Requests

EOIR Acting Director Sirce E. Owen released a policy memo (PM 25-49) to provide guidance on clerical transfers of bond redetermination requests.

9/15/25 AILA Doc. No. 25091504. Detention & Bond, Removal & Relief
Federal Agencies, Agency Memos & Announcements

EOIR Policy Memo (PM 25-50) on OCAHO Case Completion Goals

EOIR Acting Director Sirce E. Owen released a policy memo (PM 25-50) to re-establish case completion goals for the Office of the Chief Administrative Hearing Officer (OCAHO).

9/15/25 AILA Doc. No. 25091505. Employer Compliance, Removal & Relief
Federal Agencies, Agency Memos & Announcements

EOIR Policy Memorandum (PM 25-48) on EOIR Stakeholder Engagement

EOIR Acting Director Sirce E. Owen released a policy memorandum (PM 25-48) to establish clear guidance for productive stakeholder engagement.

9/12/25 AILA Doc. No. 25091500. Removal & Relief
Federal Agencies, Agency Memos & Announcements

EOIR Policy Memo (PM 25-47) on Case Priorities and Immigration Court Performance Measures

EOIR Acting Director Sirce E. Owen released a policy memo (PM 25-47) to clarify and reaffirm EOIR case priorities and performance measures. This PM supersedes and replaces the 1/17/18 Case Priorities and Immigration Court Performance Measures memo and supplements both PM 19-13 and PM 20-07.

9/12/25 AILA Doc. No. 25091605. Removal & Relief
Federal Agencies, Agency Memos & Announcements

EOIR Policy Memo (PM 25-46) on Notice of Hearings

EOIR Acting Director released a policy memo (PM 25-46) setting forth EOIR procedures for providing a notice of hearings to an individual in removal proceedings after a Notice to Appear is issued. The PM cancels and replaces OPPM 97-2, Notices of Immigration Judge Hearings.

9/12/25 AILA Doc. No. 25091606. Removal & Relief