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
BIA Rules on Firm Resettlement Bar to Asylum
The BIA ruled that for determining the firm resettlement bar to asylum, a viable and available offer to apply for permanent residence in a country of refuge is not negated by an individual’s unwillingness to satisfy the terms of acceptance. Matter of K-S-E-, 27 I&N Dec. 818 (BIA 2020)
Key Takeaways from AILA DOS Liaison Committee Meeting with the DOS Visa Office (3/5/20)
The DOS Liaison Committee provides key takeaways from its March 5, 2020, meeting with the DOS Visa Office in Washington, DC. The information provided should be read in conjunction with the detailed, official responses provided by the DOS Visa Office.
President Trump Issues Memorandum on Visa Sanctions
The president issued a memo directing the secretary of state to impose visa sanctions pursuant to INA section 243(d) on any foreign country that denies or delays the acceptance of its citizens after being asked to accept them, and if such denial or delay impedes DHS operations regarding COVID-19.
DOJ’s Immigration Court Practice Manual (Updated on 4/10/20)
The OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts. EOIR also released an appendix with a list of courts that have implemented standing orders pursuant to EOIR PM 20-09.
GAO Releases Report on CBP’s Management of a Temporary Detention Facility in Texas
GAO released a report about a CBP facility in Tornillo, TX. Per GAO, CBP hired a contractor to build the temporary facility meant to hold 2,500, and paid $66 million to provide meals, guards, and services for five months. While open, the facility held no more than 68 detainees on any given day.
TRAC Releases Report on the Hidden Impact of Removal Proceedings on Rural Communities
TRAC found that rural counties have higher rates of residents in removal proceedings than urban counties. In these communities, TRAC notes, residents facing deportation may find themselves in “legal deserts” with few qualified immigration attorneys, longer travel times to court, and more poverty.
CA9 Sends Immigration Detainee’s Emergency Release Bid Based on Generalized COVID-19 Concerns to a California District Court
The court issued an order construing the petitioner’s emergency motion to remand pursuant to the All Writs Act as a petition for a writ of habeas corpus, and transferred the matter to the U.S. District Court for the Southern District of California. (Lopez-Marroquin v. Barr, 4/9/20)
CA5 Reverses Denial of Motion to Reopen Based on Changed Country Conditions for Women in Honduras Following Coup
The court held that BIA’s failure to address petitioner’s evidence regarding changes in country conditions in Honduras—specifically, that there was a large increase in violence against women following a military coup—constituted an abuse of discretion. (Inestroza-Antonelli v. Barr, 4/9/20)
BIA Holds Texas Theft Not a CIMT Prior to Matter of Diaz-Lizarraga
Unpublished BIA decision holds that Matter of Diaz-Lizarraga, 26 I&N Dec. 847 (BIA 2016), does not apply retroactively to convictions for theft under Texas Penal Code 31.03. Special thanks to IRAC. (Matter of Ozougwu, 4/9/20)
CA3 Holds “Remand Futility” Exception Applies in Immigration Proceedings
The court held that when remand would be futile—meaning the BIA on remand would be unable as a matter of law to grant the relief sought—the court can deny a petition for review without regard to the various issues that might otherwise be in play in the case. (Ricketts v. Att’y Gen., 4/8/20)
CA5 Declines to Remand Based on Alleged Due Process Violation Where BIA Upheld IJ’s Denial of CAT Relief
The court held that even if a due process violation had occurred, petitioners failed to show that the outcome of the proceedings would have been different if the IJ had developed the record further as to their Convention Against Torture (CAT) claim. (Arteaga-Ramirez, et al. v. Barr, 4/8/20)
Temporary Restraining Order Requested to Stop Dangerous EOIR and ICE Policies During the COVID-19 Pandemic
AILA and our partners moved for an emergency Temporary Restraining Order (TRO) against EOIR and ICE to protect the health of immigration attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies during the COVID-19 pandemic.
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 4/1/20 and ending 6/30/20, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 1.11 per centum per annum. (85 FR 19798, 4/8/20)
DOJ’s Immigration Court Practice Manual (Updated on 4/7/20)
The Office of the Chief Immigration Judge updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before Immigration Courts.
BIA Provides Guidelines on Filing by Email
The BIA released guidelines on filing by email for all BIA filers and the email addresses to submit the briefs. Through email, the BIA will only accept Briefs, Motions to Accept Late Filed Brief, Motions for Summary Affirmance, and, if new to the case, courtesy copies of the Form EOIR-27.
CA9 Affirms Injunction in California Requiring Bond Hearings for Immigrants with Removal Orders Detained for Six Months or More
The court affirmed the U.S. District Court for the Northern District of California‘s injunction requiring the government to provide immigrants with removal orders detained pursuant to INA §241(a)(6) for at least six months with a bond hearing before an IJ. (Aleman Gonzalez v. Barr, 4/7/20)
CA9 Affirms Judgment in Washington Requiring Bond Hearings for Immigrants with Removal Orders Detained for At Least Six Months
The court affirmed the U.S. District Court for the Western District of Washington’s judgment requiring the government to provide immigrants with removal orders detained pursuant to INA §241(a)(6) for at least six months with a bond hearing before an IJ. (Flores Tejada v. Godfrey, 4/7/20)
CA4 Says INA §205 Confers Discretion Upon DHS Secretary to Revoke Visa Petitions
Affirming the district court’s dismissal of appellants’ complaint, the court held that the language in INA §205 confers sufficient discretion to preclude judicial review of a visa petition revocation under INA §242(a)(2)(B)(ii)’s jurisdictional bar. (Polfliet v. Cuccinelli, et al., 4/7/20)
CA8 Upholds Denial of Asylum to Petitioner Who Alleged She Would Be Abused in Mexico
The court held that petitioner had failed to meet her burden of showing a well-founded fear of future persecution if returned to Mexico, because she did not establish that the Mexican government was or would be unable or unwilling to control her alleged persecutors. (Galloso v. Barr, 4/7/20)
CA5 Says IJs Not Required to Provide Automatic Continuance for Asylum Applicants to Obtain Specific Corroborating Evidence
The court upheld the adverse credibility determination, rejecting the claim that IJs must provide advance notice of specific corroborating evidence needed to meet an asylum applicant’s burden of proof and an automatic continuance for the applicant to obtain it. (Avelar-Oliva v. Barr, 4/3/20)
CA8 Finds BIA Did Not Engage in Improper Fact-Finding in Conducting Waiver of Inadmissibility Analysis as to Somali Petitioner
The court held that, in reversing the IJ’s decision to grant waiver of inadmissibility, BIA did not supplant the IJ’s hardship finding with one of its own, but instead accepted the hardship finding and reviewed the discretionary decision to grant the waiver de novo. (Kassim v. Barr, 4/3/20)
TRAC Finds Just One in Ten ICE Detainees Have a Serious Criminal Conviction on Record
TRAC examined criminal convictions among ICE detainees to understand ICE’s potential use of discretion during the COVID-19 pandemic. TRAC found that just one out of ten ICE detainees have a serious criminal conviction, and more than six out of ten ICE detainees have never been convicted of a crime.
EOIR Updates Policies on Filings and Signatures
EOIR released a policy memo noting that as of 3/31/20, EOIR has begun accepting digital and electronic signatures on all documents filed with immigration courts and the BIA. EOIR will also accept electronically-reproduced copies of documents containing digital, electronic, or “wet” signatures.
CA9 Says Applicant Not Responsible for Failing to Maintain Lawful Status Where That Failure Occurred Due to Lawyer’s Mistake
The court held that the petitioner remained eligible for adjustment of status because her failure to maintain lawful status resulted from her reasonable reliance on the assistance of her counsel, and found 8 CFR §1245.1(d)(2) to be invalid to a certain extent. (Peters v. Barr, 4/2/20)
CA8 Upholds Denial of Asylum to Salvadorian Woman Who Claimed She Was Unable to Leave Domestic Relationship
The court held that the BIA’s adverse credibility findings were supported by specific, cogent reasons for disbelieving the Salvadorian petitioner, where she had failed to explain inconsistent and contradictory facts in her testimony about her relationship. (Garcia v. Barr, 4/1/20)