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
EOIR Releases Memo on Acceptance of Notices to Appear and Use of the Interactive Scheduling System
EOIR released a memo to establish standards for receipt of Notices to Appear as filed by DHS. Memo is effective as of 12/21/18. Memo notes that EOIR will reject any NTA in which the time or date of the scheduled hearing is facially incorrect.
Documents Relating to Michigan Case Challenging Removal of Iraqi Nationals
The Sixth Circuit issued an opinion vacating the district court’s preliminary injunctions prohibiting the removal of certain Iraqi nationals and requiring their release from prolonged detention. (Hamama v. Adducci, 12/20/18)
BIA Dismisses Appeal and Finds Respondents Inadmissible Due To Willful Misrepresentation of a Material Fact
The BIA dismissed the appeal and found no clear error in the IJ’s adverse credibility finding or his determination that the respondents procured their adjustment of status by willful misrepresentation of a material fact. Matter of A.J. Valdez and Z. Valdez, 27 I&N Dec. 496 (BIA 2018)
Trump Administration Sows Chaos, Risks Lives with “Remain in Mexico” Policy
AILA responds to the government’s new policy that would force most asylum seekers who have passed a preliminary screening to remain in Mexico pending a full hearing before an immigration judge, and calls on them to immediately restore asylum seekers’ ability to pursue their claims inside the U.S.
Judge Finds Attorney General’s Gutting of Asylum Protections Unlawful
AILA President Anastasia Tonello and Executive Director Benjamin Johnson responded to today’s ruling striking down key portions of then-Attorney General Jeff Sessions’ decision in Matter of A-B-, which restricted asylum for victims of domestic and gang violence.
CA5 Holds that Pro Se Attorney Cannot Recover Fees Under FOIA
The court held that pro se attorneys were ineligible for fee awards under FOIA by relying on Supreme Court instructions and finding that Kay v. Ehrler (no pro se recovery under §1988) was analogous to FOIA. (Gahagan v. USCIS, 12/20/18)
ACLU Files Lawsuit Regarding Expedited Removal and Matter of A-B- Asylum Policies
The district court found that several of the credible fear policies articulated in Matter of A-B- and a subsequent policy memo, including the general rule against domestic violence and gang-related claims, are arbitrary and capricious and contrary to law. (Grace v. Whitaker, 12/19/18)
EOIR Releases Memo Establishing Interim Policy and Procedures for Compliance with Court Order in Grace v. Whitaker
EOIR released guidance on Grace v. Whitaker, stating that for all credible fear review hearings conducted on or after 12/19/18, IJs may not rely on several aspects of Matter of A-B- as a basis for affirming a negative credible fear determination. Guidance obtained from CGRS and ACLU.
USCIS Released Updated Guidance in Light of Court Order in Grace v. Whitaker
USCIS released an email and redacted USCIS policy memo on Matter of A-B-, outlining the provisions enjoined by the court order in Grace v. Whitaker. Guidance obtained from CGRS and ACLU.
CA6 Upholds Determination that Asylee Who Copied and Distributed Flyers Provided Material Support to Terrorist Organizations
The court affirmed USCIS adjustment denial and its finding that MeK and Fek between 1979 and 1981 were Iranian terrorist organizations and that copying and distributing flyers was material in that it was both “relevant” and “significant” to terrorism. (Hosseini v. Nielsen, 12/19/18)
CA9 Denied Petition for Review After Applying Leal I and Leal II Standard and Finding Petitioner Removable For Two CIMTs
The court held the BIA did not commit any of the raised legal errors related to In re: Leal and Leal v. Holder by concluding that the petitioner’s conviction for reckless engagement was a crime involving moral turpitude. (Olivas-Motta v. Whitaker, 12/19/18)
Retired IJs and Former Members of the BIA Issue Statement in Response Grace v. Whitaker
On December 19, 2018, retired IJs and former members of the BIA issued a statement in response to Judge Emmet Sullivan’s district court decision which imposed a permanent injunction on DHS from applying policies articulated in Matter of A-B- in its credible fear determinations.
EOIR Releases Memo on Identifying and Reporting Fraud and Abuse
EOIR released guidance regarding the reporting of suspected instances of fraud in EOIR proceedings. Guidance is effective as of 12/19/18.
ICE Announces Removal of 36 Cambodian Nationals
ICE announced the removal of 36 Cambodian nationals, stating that removals to Cambodia increased 279% from FY2017 to FY2018. Further, the notice states that there are 1,900 Cambodian nationals with final orders of removal.
District Court Finds Matter of A-B-'s General Rule Against Domestic Violence and Gang-Related Asylum Claims to Be Unlawful
The district court found that several of the credible fear policies articulated in Matter of A-B- and a subsequent policy memo, including the general rule against domestic violence and gang-related claims, are arbitrary and capricious and contrary to law. (Grace v. Whitaker, 12/19/18)
New Mexico Delegation Demands Oversight Hearing on Death of Seven-Year old Child in CBP Custody
On 12/19/18, New Mexico Senators Tom Udall (D) and Martin Heinrich (D), and Representatives Ben Ray Lujan (D) and Michelle Lujan Grisham (D) urged Congress to hold oversight hearings on the death of seven-year-old Jakelin Caal Maquin after she and her father were held by CBP in New Mexico.
BIA Holds Washington PWID Statute Not an Aggravated Felony
Unpublished BIA decision holds that possession with intent to deliver methamphetamine under Wash. Rev. Code 69.50.401(2)(b) is not an aggravated felony under United States v. Valdivia-Flores, 876 F.3d 1201 (9th Cir. 2017). Special thanks to IRAC. (Matter of Flores, 12/19/18)
BIA Holds Utah Lewdness Statute Not Sexual Abuse of a Minor or a Crime of Child Abuse
Unpublished BIA decision holds that lewdness involving a child under Utah Code Ann. 76-9-702.5 is not sexual abuse of a minor or a crime of child abuse because it applies to the mere exposure of one’s buttocks in the presence of a child. Special thanks to IRAC. (Matter of Safanov, 12/18/18)
EOIR Releases Memo on Internal Reporting of Suspected Ineffective Assistance of Counsel and Professional Misconduct
EOIR released guidance establishing policies and procedures for reporting suspected incidents of ineffective assistance of counsel or other violations of the EOIR Rules of Professional Conduct for Practitioners to the Office of General Counsel Attorney Discipline Program. Guidance effective 1/1/19.
CA6 Upheld Denial, Finding BIA Adhered to Procedural Rules in Determining One- vs. Three-Member Panels
The court denied petitioner’s motion to reopen and found BIA applied the correct standards and fact finding and that the BIA adhered to the procedural rules in determining one- versus three-member panels when it assigned a single member to decide the motion. (Gafurova v. Whitaker, 12/18/18)
CA6 Holds Res Judicata Applies in Removal Proceedings and Remands for Determination of Finality
The court rejected the agency’s contrary interpretation, finding res judicata applies in removal proceedings, and remanded to the BIA to determine finality of dismissal without prejudice. (Arangure v. Whitaker, 12/18/18)
Parties Reach Settlement in Class Action Lawsuit Challenging ICE’s Practice of Conducting Warrantless Arrests and Vehicle Stops
The district court approved the settlement agreement reached by the parties, which among other things, provides that ICE must issue a new nationwide policy regarding warrantless arrests and vehicle stops and undergo training nationwide. (Castañon Nava, et al. v. DHS, et al., 2/8/22)
AILA Teams Up with the ACLU and Others to Tear Down Barriers to Access to Counsel
In this blog post, AILA Executive Director Benjamin Johnson describes the lawsuit AILA joined as plaintiff in response to ICE and Geo Group creating unlawful barriers to attorney-client communications.
CA2 Remands to BIA to Apply Correct Standard of Review on Good Faith Marriage Question
The court found BIA erred in applying clear error, instead of de novo, standard of review to IJ’s good faith marriage waiver denial; it also held petitioner abandoned abuse of discretion claim on MTR denial because he failed to adequately argue it in brief. (Alom v. Whitaker, 12/17/18)
CA6 Finds Conviction for Rape by Digital Penetration Under Ohio Rape Statute Does Not Match Federal Definition
The court held BIA erred in conflating “rape” and “sexual abuse” definitions to conclude that generic rape crime included digital penetration; under Ohio law, digital penetration is not rape for purposes of aggravated felony-based removal. (Keeley v. Whitaker, 12/17/18)