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: New USCIS Fee Schedule and EOIR Defensive Filing Fees
AILA contacted EOIR for confirmation that their website and related documentation will reflect the updated USCIS fee schedule, as the EOIR website did not reflect that biometric services fees are now $30. As of May 1, 2024, the website is updated.
CA6 Holds That Petitioner’s Tennessee Domestic Violence Conviction Was Not Categorically a Crime of Violence
The court found that the petitioner’s misdemeanor domestic assault conviction under Tennessee Code Annotated §39-13-111 was not categorically a crime of violence under 18 USC §16(a) that would render him statutorily ineligible for cancellation of removal. (Sanchez-Perez v. Garland, 4/30/24)
Practice Pointer: The Cuban Adjustment Act —An Introduction to Its Distinct Processes and Recurring Practice Applications
AILA's Removal Defense Section provides a practice pointer that discusses the Cuban Adjustment Act and its application.
CA7 Finds It Lacks Jurisdiction to Review BIA’s Discretionary Denial of Cancellation under INA §240(c)(4)(A)
The court dismissed the petition for review of the IJ’s and the BIA’s denial of cancellation of removal as to the petitioner as a matter of discretion due to his criminal record, finding that the petitioner did not raise a colorable question of law. (Ndlovu v. Garland, 4/25/24)
CA10 Finds BIA Abused Its Discretion by Treating Petitioner’s Asylum Appeal as Waived
The court granted in part the petition for review, finding that the petitioner did not waive her challenge to the IJ’s determination that she had not shown a nexus between her alleged membership in a particular social group and her alleged persecution. (Rangel-Fuentes v. Garland, 4/23/24)
AILA and the Council Submit Amicus Brief on Mandatory Detention
AILA and the American Immigration Council submitted an amicus brief to the Second Circuit in Hodge v. Brophy in support of a noncitizen whose continued detention has not been reviewed by an independent arbiter, and instead, he has been incarcerated without a bond under Demore.
AILA Signs Letter Urging Congress to Fund Legal Representation and Due Process Protections
AILA and over 100 immigrant rights groups have signed a letter urging congressional appropriators to allocate funds in the FY2025 appropriations funding bill to address the critical gaps in legal representation and due process protections for noncitizens in removal proceedings.
CA5 Upholds Asylum Denial to Honduran Woman Who Received Extortion Demands and Death Threats from Gang
The court held that petitioners’ two proposed particular social groups (PSGs)—unprotected Honduran women who are unable to protect themselves or their children from Honduran gangs and Honduran witnesses to gang violence and threats—were not cognizable. (Bustamante-Leiva v. Garland, 4/19/24)
Carolinas Chapter: Q&A from Liaison Meeting with Charlotte and Charleston ICE/ERO (4/19/24)
Notes from Carolinas Chapter liaison meeting with Charlotte and Charleston ICE/ERO on 4/19/24.
Michigan Chapter: Notes from Meeting with the Detroit OPLA/ERO (4/18/24)
Michigan Chapter minutes from the liaison meeting on April 18, 2024, with Detroit OPLA/ERO.
CA10 Upholds Denial of Petitioner’s Motion to Reopen Based on New Evidence of Son’s Medical Condition
The court held that the BIA did not err in denying the petitioner’s motion to reopen based on new evidence of his son’s complex medical condition, finding that the petitioner had failed to demonstrate prima facie eligibility for cancellation of removal. (Olmedo-Martinez v. Garland, 4/16/24)
AILA Statement to Senate on ICE's Use of Solitary Confinement
AILA issued a statement for a Senate Judiciary Committee hearing, "Legacy of Harm: Eliminating the Abuse of Solitary Confinement" on April 16, 2024. AILA states that detention is exceptionally costly and Congress should instead fund effective alternatives.
CA6 Finds BIA Abused Its Discretion by Applying Incorrect Legal Standard in Denying Iraqi Petitioner’s Motion to Reopen
The court held that the BIA had abused its discretion in denying the petitioner’s motion to reopen based on changed country conditions in Iraq, finding that the BIA had used an incorrect legal standard to assess whether the evidence offered was material. (Abdulahad v. Garland, 4/11/24)
EOIR to Open West Los Angeles Immigration Court
EOIR announced that the West Los Angeles Immigration Court will open on May 6, 2024, and the Los Angeles – Olive Street Immigration Court will close at the close of business on April 17, 2024.
AILA and Partners Argue BIA's Methodology Creates Uncertainty Regarding Criminal Convictions
AILA and partners submit an amicus brief to the Fourth Circuit in Baptista v. Garland, explaining the wider implications of the Board's decision for defense attorneys, the immigration attorneys who advise them, and the criminal justice system as a whole.
Competence in Court: An Ethical Guide for Attorneys Practicing Removal Defense
For clients in removal proceedings, the stakes are high. While passion and zealousness are helpful traits for a removal defense attorney, competence and diligence are obligatory. This ethics article explores the complexities and nuances surrounding competence when practicing removal defense.
EOIR Final Rule Expanding the Size of the Board of Immigration Appeals
EOIR published a final rule that expands the size of the BIA by adding five additional Board members, expanding the Board to 28 members. This rule is effective on April 2, 2024. (89 FR 22630, 4/2/24)
USCIS Provides FAQs on 2024 Final Fee Rules
USCIS provided FAQs on the 2024 final fee rule that went into effect on April 1, 2024. It created these FAQs from questions that stakeholders submitted through USCIS national engagement and other channels. Check the website for the most recent version.
USCIS Issues Policy Guidance on Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule
USCIS revised its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on January 31, 2024, and effective April 1, 2024.
District Court Orders Immigration Bond Companies to Pay Redress and Civil Money Penalties of More Than $360 Million
The district court granted plaintiffs’ requested remedies in full, including injunctive relief, redress to consumers in the amount of $230 million, and civil money penalties in the amount of $111 million. (Consumer Financial Protection Bureau, et al. v. Nexus Services, Inc., et al., 3/31/24)
EOIR Announces Opening of New Immigration Court in Lowell, MA
EOIR announced it will open a new immigration court in the Greater Boston region on April 8, 2024, expanding its presence in Massachusetts. The Lowell Immigration Court will have 21 immigration judges. Notice provides information on Lowell Immigration Court.
CA1 Remands Egyptian Petitioner’s Asylum Claim Premised on Mixed-Motive Persecution
The court granted the petition for review as to the petitioner’s asylum claim premised on mixed-motive persecution, finding that the religion of the petitioner, who was a Coptic Christian, qualified as a central reason for his beating by the Muslim Brotherhood. (Khalil v. Garland, 3/29/24)
CA3 Finds BIA Erred in Holding That Petitioner’s Second-Degree Robbery Conviction in New Jersey Was a CIMT
The court held that, under the categorical approach, none of the elements of New Jersey’s second-degree robbery statute necessarily involved moral turpitude, and thus found that the petitioner’s conviction was not a crime involving moral turpitude (CIMT). (Almanzar v. Att’y Gen., 3/29/24)
CA7 Upholds Withholding of Removal Denial to Mexican Petitioner Who Received Threats Against Himself and His Family
The court held that substantial evidence supported the IJ’s and BIA’s determinations that the petitioner had failed to establish that he would be persecuted by individuals whom the Mexican government would be unable or unwilling to control. (Ortega v. Garland, 3/29/24)
Immigration Consequences of Criminal Activity: A Guide to Representing Foreign-Born Defendants
Your one-volume resource for understanding how the courts and immigration agencies will treat noncitizens convicted or even suspected of crime. It provides analysis of all the ways criminal activity will impact applications for immigration benefits, and alternatives and maneuvers to support clients.