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
Practice Alert: Leveraging Local Liaison - Local ICE Contact Information and Local AILA ICE Liaison Information
AILA’s local ICE Liaisons have shared their contact information and local ICE contact information with AILA National’s ICE Liaison Committee. The contact information is organized by chapter.
Practice Alert: What Happens If the Government Shuts Down
House Republicans continue to try and avoid a government shutdown, hours before the late Friday deadline, after their second funding proposal was defeated Thursday night. Use this page to know what might happen if the government does shut down.
GAO Report: Actions Needed to Improve Tracking of Noncitizens' Hearing Appearances in Immigration Courts
GAO issued a report highlighting DOJ's failure to reliably track noncitizens' attendance at immigration hearings and recommends improvements to EOIR's system for better data accuracy and informed decision-making on in absentia removal rates.
Partners Provide Key Takeaways from J.O.P. v. DHS Settlement Agreement
Partners created a one-pager with five key takeaways from the J.O.P. v. DHS settlement agreement, including a reminder that USCIS must receive the prospective class member's I-589 by February 24, 2025.
CA1 Remands After Finding BIA Improperly Rejected Petitioner’s Unopposed Remand Request
The court held that the BIA improperly denied the petitioner’s unopposed remand motion both by arbitrarily deviating from a standard course of practice and by improperly engaging in factfinding in violation of 8 CFR §1003.1(d)(3). (Badose v. Garland, 9/20/24, amended 12/19/24)
EOIR Memo on Asylum EAD Clock in Immigration Proceedings
Chief Immigration Judge Sheila McNulty issued Operating Policies and Procedures Memorandum (OPPM) 25-01 providing directives on the proper handling of the Asylum Employment Authorization Document (EAD) Clock in immigration court proceedings and within the immigration courts.
CA5 Upholds Denial of Cancellation After Finding Hardships to Petitioner’s Son Would Not Be Exceptional and Extremely Unusual
The court upheld the BIA’s denial of petitioner’s cancellation application, finding that the emotional, psychological, medical, and financial hardships that his U.S. citizen son might suffer were “common and normal” consequences of an ordinary removal. (Cuenca-Arroyo v. Garland, 12/18/24)
DHS Final Rule on Application of Certain Mandatory Bars in Fear Screenings
DHS final rule amending its regulations to allow asylum officers to consider the potential application of certain bars to asylum and statutory withholding of removal during credible fear and reasonable fear screenings. Rule is effective 1/17/25. (89 FR 103370, 12/18/24)
CA4 Holds It Lacks Jurisdiction to Consider Petitioner’s Waiver of Inadmissibility under INA §212(h)
The court held it was not permitted to review the BIA’s denial of petitioner’s inadmissibility waiver application, concluding that the BIA need not make an extreme hardship finding to deny an inadmissibility waiver application on discretionary grounds. (Salomon-Guillen v. Garland, 12/18/24)
CA5 Finds Petitioner’s NOH Gave Sufficient Notice under Recent Supreme Court Precedent
The court granted the government’s petition for rehearing in light of the U.S. Supreme Court’s decision in Campos-Chaves v. Garland, and found that the Notice of Hearing (NOH) had provided the petitioner with the notice required under INA §240(a)(2)(A). (Luna v. Garland, 12/17/24)
USCIS Provides Updated Instructions for Submitting Certain Applications in Immigration Court and for Providing Biometrics and Biographic Information
USCIS updated its instructions for submitting certain applications in immigration court and for providing biometrics and biometric information to USCIS, noting that the instructions provide that I-589 applicants will no longer need to mail USCIS information to complete their biometrics collection.
BIA Holds That Circumstance-Specific Approach Applies to INA §101(a)(43)(D)’s $10,000 Threshold for Money Laundering Offenses
The BIA held that, in assessing whether an offense constitutes a money laundering aggravated felony under INA §101(a)(43)(D), the circumstance-specific approach applies to the requirement that the “amount of the funds exceeded $10,000.” Matter of Dominguez Reyes, 28 I&N Dec. 878 (BIA 2024)
CA1 Finds Multiple Inconsistencies and Omissions in Record Supported IJ’s Adverse Credibility Determination as to Congolese Petitioner
The court held that substantial evidence supported the BIA’s denial of asylum, where the BIA had expressly discussed four inconsistencies and omissions in comparing petitioner’s declaration, application, documentary evidence, and testimony before the IJ. (Mondzali Bopaka v. Garland, 12/13/24)
CA8 Holds That Conviction for Third-Degree Criminal Sexual Conduct in Minnesota Is Not Categorically a Rape Aggravated Felony
The court held that a conviction for third-degree criminal sexual conduct in Minnesota was not categorically an aggravated felony, and noted “deference to the Board … is now a relic of the past” due to the Supreme Court’s Loper Bright decision. (Quito-Guachichulca v. Garland, 12/9/24)
AILA Submits Statement for Senate Hearing on Mass Deportations
AILA submits a statement for the record for the 12/10/24 Senate hearing on mass deportation, "How Mass Deportations Will Separate American Families, Harm Our Armed Forces, and Devastate Our Economy."
CA1 Finds BIA Erred in Concluding Salvadoran Petitioner’s Asylum Claim Was Untimely
The court found that the BIA erred in rejecting the Salvadoran petitioner’s contention that he had satisfied the changed circumstances exception to the one-year deadline for filing an asylum application based on the development of his mental health issues. (Escobar Larin v. Garland, 12/5/24)
Practice Alert: Advocating for Clients in ICE's Alternatives to Detention Programs
AILA, AMICA Center for Immigrant Rights, and Just Futures Law provide a comprehensive resource for requesting changes to a client’s reporting and technology requirements enrolled in ICE’s Alternatives to Detentions program, including federal litigation options.
Practice Pointer: Recognizing Matter of Fernandes Issue, How and When to Raise It, and Other Considerations
AILA’s Removal Defense Section updates its practice pointer on Matter of Fernandes and considerations an attorney should keep in mind when raising an objection pursuant to Fernandes.
AILA Meets with USCIS to Discuss Technology, Policy, and Adjudication Updates
AILA's Liaison Committee will meet with USCIS in December 2024 to discuss family nad humanitarian applications and related processing, lockbox operations, and FY2026 H-1B cap registrations. Read the agenda.
CA9 Strikes Down Executive Order That Prohibited FBOs from Servicing ICE Charter Flights at Seattle Airport
The court affirmed the district court’s grant of summary judgment for the United States, concluding that a King County Executive Order (EO) prohibiting fixed base operators (FBOs) from operating ICE charter flights at Boeing Field was unconstitutional. (United States v. King County, 11/29/24)
CA4 Upholds BIA’s Conclusion That Petitioner’s Challenge to IJ’s Particularly Serious Crime Ruling Was Waived
The court upheld the BIA’s conclusion that the petitioner, who had been convicted in Maryland of an identity fraud offense, had not properly challenged the IJ’s determination that he had been convicted of a particularly serious crime barring asylum. (Lamine Kouyate v. Garland, 11/27/24)
Practice Pointer: Filing Administrative Complaints and Requesting Investigations on Behalf of Detainees
AILA provides a practice pointer on how to file an administrative complaint with DHS on behalf of detained and formerly detained noncitizens.
Practice Pointer: DOJ Regulations on Efficient Case and Docket Management in Immigration Proceedings
AILA's EOIR Committee provides a practice pointer on DOJ regulations that codified the ability of EOIR adjudicators to administratively close and terminate removal proceedings when certain standards are met.
CA1 Finds BIA Erred in Determining Record Evidence Was Insufficient to Establish Equitable Tolling
The court concluded that the BIA applied the incorrect legal standard, overlooked certain evidence, and departed from its precedent in determining that the petitioner was not entitled to equitable tolling of the deadline for her appeal to the BIA. (Diaz-Valdez v. Garland, 11/22/24)
Featured Issue: ICE’s Alternatives to Detention Program
This page explains ICE's ATD program, which monitors up to 376,000 non-detained individuals.