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
CA4 Upholds Asylum Denial to Salvadoran Petitioner Who Failed to Show Nexus Between His Extortion and Family Membership
The court held that the IJ and BIA did not err in determining that the Salvadoran petitioner had failed to establish nexus between his claimed social group and his extortion by the MS-13 gang, and thus upheld the denial of asylum and withholding of removal. (Lopez-Benitez v. Garland, 1/30/24)
BIA Finds New Evidence Showed Respondent Was Detained Pursuant to INA §236(a) and Was Thus Entitled to Bond Hearing
Unpublished BIA decision holds that the respondent who claimed fear of persecution and who had not received a credible fear interview was entitled to a bond hearing pursuant to INA §236 based on new evidence indicating that she was in removal proceedings under INA §240. (Matter of –, 1/30/24)
Is Chevron Dead? Thoughts after Oral Arguments in Relentless, Inc. and Loper Bright Enterprises
Brian Green and Stephen Yale-Loehr describe the recent oral arguments in two SCOTUS cases which could dramatically affect federal agency review; it is yet unclear whether the decisions will hurt or help immigrants when challenging ambiguous agency decisions or interpretations.
A Bridge We Can All Cross
AILA members César Magaña Linares and Raquel Fernández—a Salvadoran Dreamer with TPS and a second generation Venezuelan American—call for intra-immigrant solidarity.
CA6 Upholds Asylum Denial After Finding That Petitioner Failed to Show State-Sanctioned Persecution
The court upheld the BIA’s determination that the petitioner, who alleged that he had been persecuted in Ghana on account of his political opinions and party membership, failed to establish state action and was thus ineligible for asylum or withholding of removal. (Owusu v. Garland, 1/24/24)
AILA Advocacy Toolkit for Congressional Border Deal
AILA provides members with a summary of border supplemental funding proposals that would trade funding for Ukraine and other allies for dramatic changes to U.S. asylum and detention laws. This toolkit includes Senate office contact information, template emails, and a template call script.
CA1 Remands Asylum Claim of Salvadoran Petitioner Who Was Threatened by Cattle Thieves and Beaten by Police
The court vacated the agency’s denial of asylum, withholding of removal, and Convention Against Torture (CAT) relief as to petitioner, who had been threatened by cattle thieves who murdered his father and who had been beaten by the police in El Salvador. (Pineda-Maldonado v. Garland, 1/24/24)
CA8 Finds BIA Did Not Contradict IJ’s Findings in Denying Special Rule Cancellation of Removal
On remand from the Supreme Court, the court held that the BIA permissibly weighed differently the evidence of harm that petitioner caused to his ex-girlfriend and her daughter without impermissibly finding facts or disregarding the IJ’s factual findings. (Mencia-Medina v. Garland, 1/23/24)
EOIR to Open Concord Immigration Court
EOIR announced it will open a new immigration court in Concord, California, on February 12, 2024, expanding its presence in Northern California. The Concord Immigration Court will have 21 immigration judges.
SCOTUS Hears Oral Arguments on Notice Requirements (Again)
In this blog post, AILA Policy and Practice Counsel Manolasya Perepa describes the recent SCOTUS consolidated oral arguments in Campos-Chavez v. Garland and Garland v. Singh and notes that “issues of improper notice pervade multiple aspects of the immigration system.“
Practice Alert: Access to Counsel in ICE Detention
This practice alert serves to update AILA members on the recent expansion of the Virtual Attorney Visitation (VAV) program, to share resources for communicating with detained clients, and how to escalate access to counsel issues with ICE.
CA5 Remands Asylum Claim Where BIA Failed to Consider Possible Application of TVPRA to Petitioner’s Case
The court held that the BIA erred in denying petitioner’s motion to reopen without resolving whether the Trafficking Victims Protection Reauthorization Act (TVPRA), which would invalidate the existing removal order, applied to the petitioner’s case. (Velasquez-Castillo v. Garland, 1/17/24)
Practice Pointer: BIA Addresses the “Unable or Unwilling” Standard in Matter of C-G-T-
AILA’s Asylum and Refugee Committee provides a practice pointer on Matter of C-G-T-, a 2023 BIA precedent decision in which the BIA reiterated the “unable or unwilling” standard as the correct legal standard for demonstrating eligibility for asylum.
ICE Announces Updated Policy for Body-Worn Cameras
ICE announced updated guidance for its law enforcement personnel, providing standards for the use of body worn cameras (BWCs). The policy calls for the use of BWCs in all aspects of ICE enforcement activities conducted by ICE personnel.
ICE Agrees to Post Its Bond Processing Policies Online in FOIA Lawsuit Settlement
A federal district court in California approved a settlement in which ICE agreed to post its bond processing policies online to settle a Freedom of Information Act (FOIA) lawsuit filed by bond-funding groups in December 2022. (National Bail Fund Network, et al. v. ICE, et al., 1/11/24)
No Fault/Technical Reasons: A Chronicle of Misfeasance Exposed
AILA Law Journal author Martin Robles-Avila highlights how a flawed rulemaking process has affected Nonimmigrant Status breaches and a quandary business immigration practitioners often find themselves in determining whether a client is eligible for adjustment of status.
FOIA Behind the Scenes – How USCIS and DOS Process Immigration-Related Requests
AILA member Alexandra Zaretsky describes how the International Refugee Assistance Project decided to find out how USCIS and the State Department process FOIA requests by filing a “meta-FOIA“ which unearthed some questionable agency policies of potential interest to others.
EOIR Announces 2024 Model Hearing Program
EOIR will continue its Model Hearing Program and host a series of events nationwide to provide substantive law and practical training on human trafficking, juveniles, adjustment of status, and special immigrant juvenile status. Notice includes in-person and hybrid events for January 2024.
Michigan Chapter: ICE ERO Contact List (1/9/24)
ICE Enforcement and Removal Operations (ERO) Detroit contact list as of 1/9/24 – detained and non-detained.
Department of the Treasury Notice on Interest Rate for Immigration Bonds
Department of the Treasury notice that for the period beginning 1/1/24 and ending 3/31/24, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 3 per centum per annum. (89 FR 986, 1/8/24)
Practice Alert: ICE Online Portal Stakeholder Engagement Notes
AILA’s National ICE Liaison Committee provides notes from a stakeholder engagement on ICE’s new Online Portal held on December 7, 2023.
2023 ICE Annual Report: Key Takeaways
ICE released the agency’s FY2023 annual report. The lengthy report summarized the agency’s primary focus areas and provided an appendix containing a summary of ICE removals by country of citizenship. AILA provides a summary of key takeaways for OPLA, ERO, and HSI.
Resources Related to Case Challenging Credible Fear Interview and Bond Hearing Delays (Padilla v. ICE)
The U.S. District Court for the Western District of Washington issued an order granting the parties’ stipulated motion to dismiss Count IV of the complaint and granting final approval of the class action settlement for the Credible Fear Class. (Padilla v. ICE, 1/5/24)
CA5 Upholds Asylum Denial as to Salvadoran Petitioner Who Feared Threats from Her Alleged Rapist and MS-13 Gang Members (Withdrawn)
The court held that the petitioner had failed to show that the Salvadoran government would be unable or unwilling to control her persecutors, finding that the BIA adequately considered evidence of gang involvement in her claims. (Mejia-Alvarenga v. Garland, 1/3/24, withdrawn 3/8/24)
CA7 Upholds Adverse Credibility Finding Based on Inconsistencies Regarding Severity of Attack Against Petitioner in India
The court held that the BIA permissibly inferred that information missing from a physician’s report regarding petitioner’s attack by members of one of India’s political parties showed that the petitioner exaggerated the seriousness of his injuries at the hearing. (Singh v. Garland, 1/2/24)