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
AILA and Northwest Immigrant Rights Project Submit Amicus Brief to EOIR on Mandatory Detention
AILA and Northwest Immigrant Rights Project submitted an amicus brief to EOIR arguing that INA § 236 governs Matter of Perez Cruz and that the IJ decision should be vacated.
NWRIP and AILA Address Bond Eligibility for Respondent Deemed Subject to Mandatory Detention
AILA’s Amicus Committee joined NWRIP in submitting a brief arguing that the respondent was entitled to a custody redetermination by the IJ as he was subject to detention under INA §236(a) and not INA §235(b)(2).
EOIR to Stop Holding Hearings in Boise on S. Vinnell Street
EOIR announced that it will no longer hold hearings in Boise, Idaho, effective at the closure of business on August 31, 2023. All Idaho and Montana cases will also be transferred from Salt Lake City to Portland, Oregon beginning September 1, 2023.
ICE Issues Directive on INTERPOL Red Notices and Wanted Person Diffusions
ICE issued ICE Directive 15006.1 to provide guidance to ICE personnel about Red Notices or Wanted Person Diffusions, stating that ICE will not rely exclusively on Red Notices or Wanted Person Diffusions to justify enforcement actions or during immigration proceedings. Guidance is effective 9/30/23.
EOIR Announces New Appellate Immigration Judge
EOIR announced the appointment of Katharine E. Clark as a Board Member of EOIR’s Board of Immigration Appeals (BIA). Announcement includes biographical information on Katharine.
BIA Rules on Determining If Official’s Tortuous Conduct Was Undertaken “In an Official Capacity” for Purposes of CAT Eligibility
The BIA held that, for purposes of Convention Against Torture (CAT) eligibility, an official’s torturous conduct was undertaken “in an official capacity” if they were able to engage in the conduct because of their government position. Matter of J-G-R-, 28 I&N Dec. 733 (BIA 2023)
CA9 Says Petitioner Was Not Required to Include New Application for Relief with Motion to Reopen Based on Changed Circumstances
The court held that, consistent with the plain text of 8 CFR §1003.2(c)(1) and various persuasive authorities, a motion to reopen that adds new circumstances to a previously considered application need not be accompanied by an application for relief. (Reyes-Corado v. Garland, 8/11/23)
EOIR Announces 38 New Immigration Judges
EOIR announced the appointment of 38 immigration judges to immigration courts in California, Florida, Georgia, Illinois, Louisiana, Maryland, Massachusetts, Michigan, New Jersey, Ohio, Texas, Utah, and Virginia.
DOJ 60-Day Notice and Request for Comment on Proposed Revisions to Form EOIR-27
DOJ 60-day notice and request for comments on proposed revisions to Form EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals. Comments are due 10/10/23. (88 FR 53927, 8/9/23)
CA9 Remands Where BIA Applied Wrong Standard in Denying Petitioner’s Motion to Reopen
The court held that prima facie eligibility for cancellation of removal requires only a threshold showing of eligibility—that is, a reasonable likelihood that the petitioner would prevail on the merits if the motion to reopen were granted. (Fonseca-Fonseca v. Garland, 8/8/23)
CA7 Finds BIA Did Not Err in Declining to Reopen Removal Proceedings of Petitioner Who Had Been Pardoned by State Governor
The court held that the petitioner, who was inadmissible for having committed crimes involving moral turpitude (CIMTs), was not rendered admissible under the INA by a pardon from the governor of Illinois. (Wojciechowicz v. Garland, 8/8/23)
CA1 Upholds BIA’s Denial of Asylum to Peruvian Petitioners Who Feared Persecution on Account of Their Political Opinion
Where petitioners feared being seriously physically harmed or killed in Peru due to their involvement with the American Popular Revolutionary Alliance (APRA) party, the court held that the BIA did not err in denying their claims for asylum and related relief. (Vila-Castro v. Garland, 8/8/23)
DHS Interim Final Rule on Electronic Service of Bond Notifications
DHS interim final rule (IFR) authorizing ICE to electronically serve bond-related notifications to obligors for immigration bonds. The rule is effective 9/7/23, and comments must be received by that date. (88 FR 53358, 8/8/23)
CA5 Upholds Denial of Asylum to Honduran Petitioner Whose Proposed PSG Was Her Son’s Nuclear Family
The court held that there is no per se rule that every family-based particular social group (PSG) is cognizable, and found that the petitioner was required to offer some evidence of the social distinction in Honduran society of her son’s nuclear family. (Garcia-Gonzalez v. Garland, 8/7/23)
CA1 Finds Petitioner Was Ineligible for Equitable Tolling Because He Failed to Establish Prejudice
The court held that the BIA did not abuse its discretion in determining that the petitioner was ineligible for equitable tolling based on ineffective assistance of counsel, because he had failed to establish prejudice. (Yoc Esteban v. Garland, 8/7/23)
Resources for New Members
If you are new to immigration practice, AILA’s New Member Division has benefits and services to help you build a successful and rewarding practice.
CA1 Says NACARA Does Not Divest BIA of Its Discretion to Sua Sponte Reopen Proceedings
Granting the petition for review, the court found that nothing in the Nicaraguan Adjustment and Central American Relief Act (NACARA) limited the BIA’s general discretionary power to reopen sua sponte a case in which it had rendered a decision. (Mancia v. Garland, 8/4/23)
CA1 Holds That IJ Completes Proceedings for Purposes of Judicial Venue Where Proceedings Are Commenced
The court concluded that, for purposes of judicial venue under INA §242(b)(2), an IJ completes the proceedings at the court where the proceedings are commenced, absent a formal change in administrative venue, and denied the petition for review. (Bazile v. Garland, 8/4/23)
Quick Member Survey Aims to Highlight Some Key Issues Hampering Immigration Courts
AILA Policy and Practice Counsel ManoLasya Perepa urges AILA members to fill out a quick survey to help us better understand EOIR's specialized dockets; the information will help determine whether policies are helping address the backlog while upholding due process.
CA10 Finds IJ Erred by Misapplying “Under-Color-of-Law” Element in CAT Claim Analysis
The court held that the IJ misapplied the “under-color-of-law” element in analyzing petitioner’s Convention Against Torture (CAT) claim when it found that the Costa Rican police officers who beat and raped the petitioner did not act under color of law. (Arostegui-Maldonado v. Garland, 8/1/23)
Reminder: BIA Invites Amicus Briefs on Whether IJs Should Allow DHS to Remedy a Noncompliant NTA
The BIA invites interested members of the public to file amicus curiae briefs discussing whether immigration judges (IJs) should allow DHS to remedy a noncompliant Notice to Appear (NTA) and how noncompliant NTAs should be remedied. Briefs are due 8/31/23.
Practice Alert: ICE Reinstates Mayorkas Enforcement Priorities and Doyle Memo
AILA’s National ICE Liaison Committee provides an update on the reinstatement of the Mayorkas enforcement priorities and Doyle Memo.
ICE Releases Temporary Housing Standards for Children, Families, and Single Adults
ICE released Temporary Housing Standards (THS) for single adults, family units, and children. The new standards outline the requirements for housing noncitizens at temporary stay sites for 72 hours or less. The standards are tailored to the context and limitations of a hotel setting.
CA11 Says Petitioner Forfeited Right to Judicial Review by Withdrawing Appeal to BIA and Asking to Be Deported
The court concluded that the petitioner forfeited any right to judicial review of his claim that the federal laws governing derivative citizenship are unconstitutional when he deliberately withdrew his appeal to the BIA and asked to be deported. (Clement v. Att’y Gen., 7/28/23)
CA4 Holds That Prior Termination of Noncitizen’s Asylum Status Renders Them Ineligible for Adjustment to LPR status
Denying the petition for review, the court concluded that INA §209(b) unambiguously precludes a noncitizen whose asylum status has been terminated from adjusting to lawful permanent resident (LPR) status. (Cela v. Garland, 7/28/23)