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
CA1 Finds Salvadoran Petitioner Was Denied Her Statutory Right to Counsel
The court concluded that the IJ had denied the Salvadoran petitioner her statutory right to be represented by the counsel of her choice, and found that the assistance of a lawyer likely would have affected the outcome of her removal proceedings. (Hernandez Lara v. Barr, 6/15/20)
AILA and Partners Send Letter to EOIR on Premature Decision to Resume the Non-Detained Docket
AILA, the Council, CLINIC, HRF, NIJC, and NIPNLG sent a letter to EOIR recommending that the overwhelming majority of non-detained hearings be postponed for the duration of the national public health emergency. Additional recommendations include a moratorium on the issuance of in absentia orders.
Practice Alert: ICE Forces Parents in Detention to Choose Between Indefinite Detention and Separation from Children
AILA issued a practice alert on reports that ICE asked immigrants detained in family detention centers to choose between being separated from their children and having the children being released or remaining in indefinite detention.
Joint EOIR and USCIS Proposed Rule on Procedures for Asylum, Withholding of Removal, and CAT Protection
Joint EOIR and USCIS proposed rule making multiple changes to the regulations governing the procedures for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). (85 FR 36264, 6/15/20)
BIA Rules on Motions to Reopen Based on Changed Country Conditions
The BIA ruled that to prevail on an MTR alleging changed country conditions, respondents must overcome any prior determinations of adverse credibility or show that the new claim is independent of the evidence that was previously found not credible. Matter of F-S-N-, 28 I&N Dec. 1 (BIA 2020)
EOIR Issues Memo Rescinding and Cancelling Outdated Operating Policies and Procedures Memoranda
EOIR issued a memo rescinding several Operating Policies and Procedures Memoranda (OPPM) that were issued a decade ago and have become outdated or unnecessary. These include OPPM 06-02 on delegation of signature authority, OPPM 08-02 on claims for compensatory time off for travel, and more.
DHS OIG Reports That CBP Struggled to Provide Adequate Detention Conditions During 2019 Migrant Surge
DHS OIG released a report stating that CBP struggled to provide adequate detention conditions during the 2019 migrant surge. The report notes that CBP did not meet standards for detainee care and struggled to limit detention to 72 hours or to control overcrowding to manage contagious illnesses.
DOJ’s Immigration Court Practice Manual (Updated on 6/11/20)
On June 11, 2020, the OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts.
EOIR Updates Guidance on Immigration Court Practices During the COVID-19 Pandemic
EOIR issued a policy memo updating its guidance regarding practices adopted by its adjudicatory components related to COVID-19. This policy memo is effective immediately and supersedes the March 18, 2020, policy memo on immigration court practices during the COVID-19 outbreak.
EOIR To Resume Hearings in Non-Detained Cases at the Honolulu Immigration Court
EOIR announced that it plans to resume individual (merits) non-detained hearings at the Honolulu Immigration Court on June 15, 2020. EOIR will also resume master calendar dockets involving relatively small number of respondents.
BIA Reopens Proceedings Sua Sponte Following Reentry on Advance Parole
Unpublished BIA decision reopens proceedings sua sponte for respondent from Haiti to adjust status through U.S. citizen wife following reentry under grant of advance parole. Special thanks to IRAC. (Matter of Pierre, 6/11/20)
BIA Equitably Tolls MTR Deadline Following Vacatur of Convictions Due to Misconduct in State Drug Lab
Unpublished BIA decision equitably tolls MTR deadline and terminates proceedings against respondent whose convictions where vacated due to misconduct by a chemist working in the state drug lab. Special thanks to IRAC. (Matter of Santiago, 6/10/20)
CA2 Remands CAT Claim of Petitioner Who Fled El Salvador After Threats from MS-13 Gang
The court held that the IJ erred as a matter of law in penalizing the petitioner for her prompt flight from El Salvador after members of the MS-13 gang threatened her, and thus remanded her Convention Against Torture (CAT) claim to the BIA. (Martinez De Artiga v. Barr, 6/10/20)
ACLU Files Lawsuit Challenging Border Closures During COVID-19 on Behalf of Honduran UAC Facing Imminent Removal
The ACLU and other advocates filed a lawsuit in federal court on behalf of the plaintiff, a 16-year-old Honduran unaccompanied child (UAC) facing imminent removal, challenging the government’s order restricting immigration at the border during COVID-19. (J.B.B.C. v. Wolf, et al., 6/9/20)
BIA Remands to Consider Administrative Closure for Provisional Waiver
Unpublished BIA decision remands for consideration of request for administrative closure in light of intervening decision in Zuniga Romero v. Barr (4th Cir. 2019), to seek provisional unlawful presence waiver. Special thanks to IRAC. (Matter of Ventura Santizo, 6/9/20)
Practice Alert: Videos Replace Interpreters at Hearings
EOIR has begun replacing interpreters at master calendar hearings with prerecorded video advisals. AILA has obtained copies of these videos and is tracking the roll out of this program. If you have additional information, please contact AILA.
CA6 Upholds Denial of Asylum to Salvadoran Who Was Found to Be a UAC at Time of Entry
The court held that the IJ had properly exercised jurisdiction over the case of the petitioner, who had entered the United States when he was 18 years old and had been found by an immigration official to be an unaccompanied child (UAC) at the time of his entry. (Garcia v. Barr, 6/8/20)
CA5 Upholds BIA’s Denial of Asylum to Petitioner from Trinidad and Tobago Who Alleged Membership in Three PSGs
The court held that petitioner had failed to demonstrate a legal or constitutional error in BIA’s denial of his application for asylum based on membership in three alleged particular social groups (PSGs), including children unable to leave a family relationship. (Alexis v. Barr, 6/8/20)
CA9 Holds Petitioner’s Conviction for Being Under the Influence of Amphetamines in California Rendered Him Removable
The court held that a conviction for being under the influence of a controlled substance in violation of California Health and Safety Code §11550(a) is divisible with respect to controlled substance and thus the modified categorical approach applied and was satisfied. (Tejeda v. Barr, 6/8/20)
BIA Rescinds In Absentia Order Entered by Court Different Than That Listed on NTA
Unpublished BIA decision rescinds in absentia order entered by Orlando immigration court where NTA indicated that hearing would be held in Miami. Special thanks to IRAC. (Matter of Marrero Soca, 6/5/20)
CA11 Upholds Denial of Motion to Remand Based on Ineffective Assistance Where Petitioner Did Not Substantially Comply with Lozada
The court held that petitioner had failed to meet the three Lozada requirements for presenting an ineffective assistance of counsel claim, finding that his attorney lacked actual notice of allegations that his assistance had been ineffective. (Point Du Jour v. Att’y Gen., 6/4/20)
CA9 Rejects Petitioner’s Equal Protection Challenge to Former Derivative-Citizenship Statute
The court dismissed the petition for review, rejecting the petitioner’s argument that the second clause of INA §321(a)(3) discriminates by gender and legitimacy and thus violates the U.S. Constitution’s guarantee of equal protection. (Roy v. Barr, 6/4/20)
TRAC Releases Report on the Impact of Immigration Court Hearing Cancellations Due to COVID-19
TRAC estimates that cancelled immigration court hearings due to COVID-19 will “increase hearing delays for months and probably years to come.” TRAC estimates that with scheduling delays in the court’s exiting backlog taken into account, 850,000 immigrants may well be affected by the shutdown.
AILA Sends Letter to ICE About Check-In Procedures and Filing Stays of Removal
On June 4, 2020, AILA sent a letter urging ICE to continue with rescheduling appointments and implementing other alternative measures, such as telephone check-ins, for persons who are under OSUP and/or the ISAP, as well as to continue accepting mailed stays of removal at field offices.
CA9 Says Government Failed to Afford Petitioners Due Process in Terminating Their Asylum Status
Granting the petition for review, the court held that the government violated the petitioners’ due process rights by failing to provide them a full and fair opportunity to rebut the government’s fraud allegations before terminating their asylum status. (Grigoryan v. Barr, 6/2/20)