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
CA5 Holds That Petitioner Convicted in Texas for Possessing a Synthetic Cannabinoid Is Removable under INA §237(a)(2)(B)(i)
The court upheld the BIA’s conclusion that the petitioner failed to show there was a “realistic probability” that Texas would use the state statute he was convicted under to prosecute the possession of drugs that are not criminalized under federal law. (Alejos-Perez v. Garland, 2/16/24)
Practice Alert: DOJ’s $1.2 Million Settlement with IJ Scott D. Laurent’s Former Staff
AILA provides a practice alert after DOJ announced a $1.2 million settlement to a former staff assistant of immigration judge Scott D. Laurent, of the Los Angeles Immigration Court. As of the date of this alert, the IJ remains listed as a current judge.
White House Issues Memo on Deferred Enforced Departure for Certain Palestinians
President Biden issued a determination on 2/14/24 announcing that the United States will defer for 18 months the removal of any Palestinian subject to the conditions and exceptions provided. (89 FR 12743, 2/20/24)
CA9 Holds That Petitioner’s Conviction for Armed Robbery in Arizona Was Categorically an Aggravated Felony
The court found that a conviction for armed robbery in violation of Arizona Revised Statutes §13-1904(A), for which the term of imprisonment imposed is at least one year, is categorically an aggravated felony theft offense giving rise to removability. (Guzman-Maldonado v. Garland, 2/14/24)
CA3 Finds BIA and IJ Ignored Evidence Favorable to Somali Petitioner Regarding His CAT Claim
The court concluded that, in deciding the petitioner’s Convention Against Torture (CAT) claim, the BIA failed to consider evidence favorable to petitioner concerning whether the government of Somalia would acquiesce in his torture, and thus remanded to the BIA. (Herrow v. Att’y Gen., 2/13/24)
USCIS Provides Guidance on Processing Form I-589 After Removal Proceedings are Dismissed or Terminated
USCIS provides an updated flow chart on how it processes Form I-589 after removal proceedings are dismissed or terminated.
Client Flyer: What Happens During a Government Shutdown?
AILA provides an easy flyer for you to share with your clients to help them understand what happens to immigration-related agencies during a government shutdown. There are two versions available: a generic PDF version and a customizable Word version. Share widely.
EOIR to Transition to DOJ Login
EOIR announced new procedures for accessing the ECAS Case Portal. All users will need to take action to move from User Login IDs to a DOJ Login ID. EOIR developed detailed instructions for this phased transition and will notify users by email when to activate their new DOJ Login ID.
Practice Pointer: Top 10 Things You Need to Know about the USCIS Fee Rule
AILA provides this practice resource to alert members to the most important aspects of the new fee rule so that you may better understand the impact of the new fee schedule on your clients’ cases.
BIA Says That IJ Ordinarily Cannot Review Merits of Petition to Remove Conditions on Residence Withdrawn Prior to Adjudication
The BIA held that when a petition to remove the conditions on residence is withdrawn before USCIS prior to adjudication, the IJ ordinarily cannot review the merits of that petition in removal proceedings. Matter of Bernardo, 28 I&N Dec. 781 (BIA 2024)
CA11 Holds That Petitioner Would Not Derive Citizenship under Cured Version of INA §321(a)(3)
The court held that while the petitioner had Article III standing to make his constitutional challenges, he was not entitled to the remedy he sought because he would not derive citizenship from his father even under a cured version of INA §321(a)(3). (Lodge v. Att’y Gen., 1/26/24, amended 2/7/24)
CA9 Says It Lacks Jurisdiction to Review Denial of Petitioner’s Continuance and Motion to Remand Under INA §242(a)(2)(B)(i)
Applying INA §242(a)(2)(B)(i) as interpreted by the U.S. Supreme Court in Patel v. Garland, the court held that it lacked jurisdiction to review the denial of the petitioner’s continuance and motion to remand. (Figueroa Ochoa v. Garland, 6/20/23, amended 2/6/24)
Policy Brief: AILA Analysis of the Border and Immigration Provisions of the “Emergency National Security Supplemental Appropriations Act, 2024”
With unprecedented levels of global migration and an outdated U.S. immigration system pushing more migrants to the southern border, solutions are urgently needed. The Senate’s emergency spending bill includes the most extensive border funding and security measures proposed in decades, perhaps ever.
Practice Alert: Latest Information on the Juvenile Dockets
AILA provides takeaways from ICE’s stakeholder meeting on January 24, 2024, with information regarding the implementation and expansion of specialized juvenile dockets.
AILA Executive Director Responds to Release of Bipartisan Senate Bill
AILA Executive Director Ben Johnson responded to the newly released bill text from the bipartisan group of Senators negotiating the “Emergency National Security Supplemental Appropriations Act, 2024.”
CA4 Says Petitioner’s Hearing Was Not Fundamentally Unfair Despite IJ’s Erroneous Admission of Form I-9
The court held that the BIA and IJ did not err in finding that the petitioner was required to establish her admissibility “clearly and beyond doubt,” and rejected the petitioner’s contention that her evidentiary hearing was fundamentally unfair. (Santana v. Garland, 2/2/24)
BIA Says DHS Cannot Remedy NTA Lacking Date and Time of Hearing by Filing Form I-261
The BIA held that DHS cannot remedy a Notice to Appear (NTA) that lacks the date and time of the initial hearing before the IJ by filing a Form I-261, because that remedy is contrary to 8 CFR §1003.30 and Niz-Chavez v. Garland. Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024)
USCIS Seeks Feedback to Help Shape the USCIS Customer Experience for Appointment Requests
You can now use the USCIS website to request an in-person appointment at a field office for assistance with emergency advanced paroles, Immigration Judge grants, and ADIT stamps. USCIS seeks feedback from both applicants and legal representatives on this new process. Responses due by 2/8/24.
CA4 Holds That IJs May Make Partial or Mixed Adverse Credibility Determination If Supported by Substantial Evidence
The court found that the IJ properly made a mixed finding about credibility, and that the BIA did not err in affirming the IJ’s determination that petitioners failed to show a nexus between past or feared future harm and any familial relationship. (Ayala-Osegueda, et al. v. Garland, 2/1/24)
CA8 Remands Where BIA Failed to Provide Reasoned Explanation for Its Application of Motion-to-Reopen Standard
The court held that the IJ failed to reference the petitioner’s motion to reopen or the standard for considering it, and that the BIA failed to adequately explain its application of the motion-to-reopen standard when it affirmed the IJ’s decision. (Davis v. Garland, 2/1/24)
ICE ERO Provides Information on Beta Testing of eFile for Legal Representations
ICE announced the national launch of a new online platform, called ERO eFile, that will allow for the electronic filing of Form G-28. ICE provides a quick reference guide to eFile.
Final Rule Adjusting the USCIS Fee Schedule
Final rule adjusting the USCIS fee schedule. The final rule will be effective 4/1/24. Any benefit request postmarked on or after 4/1/24 must be accompanied with the fees established by this final rule. (89 FR 6194, 1/31/24)
USCIS Provides Summary of Its Final Rule to Adjust Certain Immigration and Naturalization Fees
USCIS provided a summary of its final rule, including information on the new fee schedule, the asylum program fee for employment-based petitions, naturalization fee changes, international adoption validity period changes, and more.
AILA Responds to New Biden Administration Rules on Fees and H-1B Registration Process
AILA responded to the advance copies shared publicly by the Biden Administration regarding U.S. Citizenship and Immigration Services (USCIS) fees and a revised H-1B visa registration process with insights from President Farshad Owji and Dir of Gov’t Relations Shev Dalal-Dheini.
CA8 Upholds Asylum Denial as to Guatemalan Petitioner Who Received Threats Due to Father’s Unpaid Debt
The court held that the petitioner neither demonstrated that he suffered past persecution on account of a protected factor, nor offered credible, specific evidence that a reasonable person in his position would fear persecution if he returned to Guatemala. (Gaspar-Felipe v. Garland, 1/30/24)