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
Featured Issue: America Needs a Fair and Independent Immigration Court
The U.S. immigration court system suffers from profound structural problems that have severely eroded its capacity to deliver just decisions in a timely manner and eliminated public confidence in its outcomes. AILA urges Congress and the Biden Administration to reform immigration courts.
Client Flyer: Keeping Up with Your Immigration Court Case
AILA provides a short flyer for you to share with your clients on how immigration courts function and keeping up with hearing dates and address changes. There are three versions available: a generic PDF version and a customizable Word version in English and a customizable Word version in Spanish.
CA8 Upholds Denial of Asylum to Guatemalan Petitioner Who Witnessed Gang Crime as a Child
The court held that the BIA did not err in determining that the petitioner was not a member of a cognizable particular social group (PSG) because his proposed group—Guatemalan children who witness gang crime—lacked particularity and social distinction. (Pacheco-Mota v. Garland, 10/18/23)
Committees and Groups
Learn how you can deepen your AILA experience by participating in our committees and groups. Connect with a vast network of experienced practitioners and find an abundance of knowledge and support.
AILA Welcomes Agreement by Biden Administration to Protect Families from Inhumane Policy Instituted Under Trump
AILA welcomed the DHS announcement that a proposed agreement has been struck that will protect families from the inhumane practice of family separation instituted under then-President Trump; the policy was a “gross injustice” that caused “heartbreaking turmoil.”
USCIS Issues New Instructions for Filing Asylum Applications with USCIS After EOIR Dismissal or Termination of Removal Proceedings
USCIS issued new instructions for asylum applications submitted by individuals whose removal proceedings were dismissed or terminated by EOIR.
CA1 Upholds Denial of Asylum to Ecuadorian Petitioner Who Feared Harm Due to His Quechua Heritage
The court held that the IJ’s and BIA’s determinations that the petitioner could safely relocate within Ecuador were supported by substantial evidence, where the petitioner had testified that there were perhaps some Ecuadorian states in which he could live safely. (Caz v. Garland, 10/11/23)
Practice Advisory: Representing Detained Clients in the Virtual Landscape
AILA and the CAIR Coalition provide a practice advisory that focuses on the challenges unique to the detention context and how best to address some of the key issues to effectively providing remote representation to detained noncitizens.
CA2 Finds BIA Applied Wrong Legal Standard in Evaluating Ineffective Assistance Claim
The court held that BIA applied an incorrect standard in reviewing petitioner’s ineffective assistance claim, overlooked and mischaracterized petitioner’s new hardship evidence, and failed to follow precedent when denying his request for remand. (Paucar v. Garland, 7/12/23, amended 10/10/23)
Practice Alert: EOIR Issues Guidance on DHS Enforcement Priorities
On September 28, 2023, Director David L. Neal, published a Director's Memorandum issuing guidance for EOIR adjudicators in light of the Mayorkas Memorandum and the Doyle Memorandum.
CA7 Upholds Asylum Denial to Guatemalan Petitioner Who Feared Persecution on Account of Her Mayan Ancestry
The court held that substantial evidence supported the IJ’s determination that the Guatemalan petitioner had failed to establish that the Guatemalan government was unable or unwilling to protect her. (Perez v. Garland, 10/3/23)
CA11 Find Petitioner’s Massachusetts Armed Robbery Conviction Constituted an Aggravated Felony
The court held that the petitioner was removable as an aggravated felon, finding that his Massachusetts conviction for armed robbery constituted a theft offense under INA §101(a)(43)(G), and was thus an aggravated felony under INA §237(a)(2)(A)(iii). (Kemokai v. Att’y Gen., 10/2/23)
EOIR Issues Flyer on Cancellation of Removal
EOIR issued a flyer on cancellation of removal, including information on how an individual can apply for cancellation.
EOIR Issues Memo with Guidance on Enforcement Priorities and Prosecutorial Discretion
EOIR issued a Director’s Memorandum (DM) that provides guidance to adjudicators on the enforcement priorities and exercises of prosecutorial discretion of DHS. This DM rescinds Policy Memorandum 21-25. Guidance is effective 9/28/23.
Southern California Chapter: Q&A from Liaison Meeting with DHS OPLA-LA and ERO (9/27/23)
Notes from Southern California Chapter’s liaison meeting with DHS OPLA-LA and ERO on 9/27/23.
CA3 Finds That Petitioner’s DUI Conviction in Pennsylvania Did Not Render Him Removable Under INA §237(a)
The court held that the BIA erred in concluding that the petitioner’s 2018 Pennsylvania conviction for driving under the influence (DUI) of marijuana constituted an offense involving a controlled substance that rendered him removable under INA §237(a). (Pesikan v. Att’y Gen., 9/26/23)
Congressional Leaders Request USCIS Guidance on Cases Terminated by ICE
Congressional leaders wrote a letter to USCIS requesting guidance, so asylum seekers and their counsel know how to navigate affirmative asylum claims and applications for work authorization before the immigration court if a case is terminated.
NARA Notice of Agency Records Schedules
National Archives and Records Administration (NARA) notice with records schedules in which agencies propose to dispose of certain records. This notice includes a records schedule from ICE called “Video and Audio Surveillance Records.” (88 FR 65757, 9/25/23)
White House Announces New Actions to Increase Border Enforcement and Accelerate Processing for Work Authorizations
The White House announced new measures to enhance border security, including an expansion of FERM, increasing DHS holding and processing capacity, accelerated processing for EADs filed by parolees who scheduled an appointment through CBP One, and more.
AILA Joins Sign-on Letter Requesting Further Transparency into the FERM Program
AILA joined 45 other organizations in requesting DHS to provide additional transparency into the impact and operation of the Family Expedited Removal Management (FERM) program.
CA1 Holds That Petitioner’s Pending Post-Conviction Motion to Vacate Did Not Disturb Finality of Conviction for Immigration Purposes
The court held that BIA did not abuse its discretion in finding that petitioner’s pursuit of post-conviction relief neither destroyed the finality of her underlying conviction for immigration purposes nor invalidated the basis for the removal order based on it. (St. John v. Garland, 9/19/23)
EOIR Provides Office of the Chief Immigration Judge Staff Directory
EOIR provides the staff directory for the Office of the Chief Immigration Judge, broken down by court.
USCIS Clarifies Guidance for Filing DACA Applications
USCIS issued an update after a U.S. district court decision found the DACA final rule unlawful. USCIS will continue to accept and process DACA renewals and accompanying applications for EADs. USCIS will continue to accept initial requests, but per the order, not process initial DACA requests.
CA3 Remands Asylum Claim of Honduran Petitioner Who Feared Persecution Based on Her Past Experiences of Abuse and Sexual Violence
The court remanded for the BIA to determine whether the petitioner’s proposed particular social group (PSG) was cognizable in light of the specific country conditions in Honduras. (Avila v. Att’y Gen., 9/14/23)
AILA’s EOIR Liaison Committee Meets with EOIR (9/14/23)
AILA’s EOIR Liaison Committee met with EOIR in person as well as virtually in September 2023. Topics discussed included specialized dockets, pre-hearing conferences and DHS non-appearance, default hearing mediums and Webex issues, technology issues, and more. View the minutes as well as the agenda.