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
DHS 60-Day Notice and Request for Comments on Form 405
DHS 60-day notice and request for comments on Office of the Immigration Detention Ombudsman (OIDO) Intake Form, DHS Form 405. Revisions are based on usability testing recommendations. Comments are due by 12/16/24. (89 FR 83509, 10/16/24)
Immigration-Related Agency Updates Related to Hurricane Milton
We know that Hurricane Milton is on many of your minds. Here is a round-up of current agency information related to how they might handle the aftermath.
Practice Pointer: BIA Holds IJs Can Amend Noncompliant NTAs in Matter of R-T-P-
AILA provides a practice alert on the implications of Matter of R–T–P–, the latest decision dealing with the impacts of DHS’s issuance of Notices to Appear (NTAs) that do not contain statutorily required information.
Brennan Center: The Alien Enemies Act, Explained
The Brennan Center for Justice provides an explainer on the Alien Enemies Act (AEA) of 1798, noting, "This detention and deportation power poses an alarming risk of abuse and rights violations in both wartime and peacetime."
CA9 Finds Mexican Government Was Unable or Unwilling to Control Petitioner’s Attackers in Home Invasion
The court held that the record evidence showed that petitioner experienced harm committed by forces that Mexican authorities were either unable or unwilling to control, and that BIA erred by failing to consider highly probative evidence of nexus. (Meza Diaz v. Bondi, 10/8/24, amended 2/25/25)
CA1 Upholds Denial of Asylum as to Salvadoran Petitioner Threatened by MS-13 Gang
The court held that petitioner’s proposed particular social group (PSG) of “Salvadoran men who resist gang recruitment” was not valid, and found that the IJ did not err in concluding that he had not made a sufficient nexus showing as to his other two PSGs. (Alvarado-Reyes v. Garland, 10/7/24)
Policy Brief: Analysis of Proclamation and Interim Final Rule on “Securing the Border”
President Biden signed a proclamation, and the Administration issued an Interim Final Rule as well as a Final Rule, “Securing the Border,” relying in part on the authority in INA 212(f) that will effectively bar access to asylum for most people arriving between ports of entry when in effect.
CA9 Remands Asylum Claim Where BIA Misapplied Matter of R–K–K– and Erred in Internal Relocation Analysis
Granting the petition for review of the BIA’s affirmance of the IJ’s denial of asylum, the court held that the BIA erred by misapplying Matter of R–K–K– in making its adverse credibility determination, and also erred in its internal relocation analysis. (Singh v. Garland, 10/4/24)
American Immigration Council Special Report: Mass Deportation
The American Immigration Council provides an estimate of the fiscal and economic cost should the government deport the roughly 11 million people who, as of 2022, lacked permanent legal status and faced the possibility of removal.
Practice Alert: EOIR Issues Memo on NTAs Filed by DHS
AILA provided a practice alert after EOIR issued a memorandum with updated guidance on NTAs filed by DHS. This memo cancels a 2018 memo issued by former EOIR Director James R. McHenry, III. The 2024 memo is currently in effect.
Biden Administration Cements Harmful Asylum Restrictions
AILA President Kelli Stump and Executive Director Ben Johnson respond to the Biden Administration’s codification of harmful policies that are already undermining U.S. asylum law and denying fair access to humanitarian protection for vulnerable individuals and families.
Points of Contact for Credible Fear Interviews in CBP Custody
DHS provided a “Points of Contact for Credible Fear Interviews in CBP Custody” spreadsheet. This includes contacts for Border Patrol, USCIS Asylum, and EOIR.
Venue Challenges in APA Immigration Cases
NILA created a practice alert discussing the venue choices a plaintiff has under 28 U.S.C. § 1391(e) when challenging a decision or delay in decision-making by USCIS under the Administrative Procedure Act, as well as considerations that inform venue selections.
CRS Provides FAQs on Credible Fear and Defensive Asylum Processes
The CRS report addresses FAQs about credible fear and asylum, including those related to expedited and formal removal processes; credible fear screening processes, criteria, and legislative history; procedural protections; and data regarding credible fear and asylum outcomes.
BIA Holds That Respondent’s Convictions for Retail Theft in Pennsylvania Were Not Categorically CIMTs
The BIA held that the respondent’s convictions for retail theft in Pennsylvania were categorically not for crimes involving moral turpitude (CIMTs) because the statute does not require an intent to permanently deprive the victim of property. Matter of Thakker, 28 I&N Dec. 843 (BIA 2024)
CA6 Finds BIA Erred in Making No-Nexus Determination with Regard to Guatemalan Petitioners’ Family Membership PSG
The court held that the BIA erred in concluding that the petitioners had failed to establish a sufficient nexus between their persecution and their family membership, and thus vacated the denial of their asylum and withholding of removal claims. (Mazariegos-Rodas, et al. v. Garland, 9/20/24)
CA5 Holds That Petitioner’s Louisiana Conviction for Accessory After the Fact to Armed Robbery with a Firearm Was Not an Aggravated Felony
The court held that Louisiana’s accessory-after-the-fact statute was not a categorical match for the generic federal offense of obstruction of justice, and was thus not an aggravated felony under INA §101(a)(43)(S) that would permit expedited removal. (Lopez Orellana v. Garland, 9/18/24)
CA8 Reverses Habeas Decision After Finding That Appellee’s Year-Long Detention Did Not Violate His Due Process Rights
The court reversed the judgment of the district court and remanded for the denial of the appellee’s habeas petition, concluding that, pursuant to U.S. Supreme Court precedent, due process imposes no time limit on detention pending removal. (Banyee v. Garland, et al., 9/17/24)
CA9 Remands for BIA to Assess Whether Exceptional Circumstances Warranted Recission of Petitioner’s In Absentia Removal Order
The court held that the BIA did not consider the totality of the circumstances, and thus granted the petition for review and remanded for the BIA to more fully address whether exceptional circumstances warranted recission of petitioner’s in absentia removal order. (Singh v. Garland, 9/17/24
EOIR's Varick Immigration Court to Host Model Hearing Program Event
Join the EOIR's Model Hearing Program on 9/30/24, at New York – Varick Immigration Court and via Webex. This event offers crucial training on Asylum, Withholding of Removal, and related protections. Register by email for in-person attendance or via Webex. For details, contact PAO.EOIR@usdoj.gov.
Practice Management Resources
The practice of law is a profession, but your law practice is a business. Whether you seek assistance with managing your work flow, obtaining new clients, dealing with staff, enhancing finances, or incorporating technology, AILA resources can help you achieve even greater success.
EOIR Announces Language Access Plan
EOIR has unveiled its Language Access Plan, in accordance with Executive Order No. 13166, to enhance services for individuals with limited English proficiency. This plan reflects EOIR's commitment to ensuring equitable access while aligning with DOJ's broader efforts.
CA2 Finds BIA Incorrectly Applied “Unable or Unwilling to Control” Standard Where Honduran Petitioner Was Abused as a Child
The court found that, in deciding that petitioner failed to show that Honduran officials were unable or unwilling to protect her, the BIA failed to consider whether it would have been futile for an abused child to seek protection from the government. (Castellanos-Ventura v. Garland, 9/13/24)
Think Immigration: BIA Hands Immigration Judges the Whiteout to “Fix” Defective NTAs
AILA Past President Jeremy McKinney writes about the BIA decision in Matter of R- T- P- allowing immigration judges to “cure” defective NTAs, making them an agent of the prosecutors. This is the latest sign that an independent immigration court is necessary to ensure justice and due process.
CA9 Holds That Petitioner’s Municipal Convictions for Petty Larceny Were CIMTs
Denying the petition for review, the court found that the BIA correctly concluded that petitioner’s petit larceny convictions under Reno Municipal Code §8.10.040 were crimes involving moral turpitude (CIMTs) that rendered him removable under INA §237(a)(2)(A)(ii). (Lopez v. Garland, 9/11/24)