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
BIA Finds Respondent Failed to Show Exceptional and Extremely Unusual Hardship Based on Economic Detriment and Family Separation
The BIA held respondent failed to show exceptional and extremely unusual hardship, where his U.S.-citizen wife and children would remain in the United States and treatment for their mental health conditions would not be affected by his removal. Matter of Buri Mora, 29 I&N Dec. 186 (BIA 2025)
BIA Holds PSG Defined Only by Noncitizen’s Sex or Sex and Nationality Is Overbroad
The BIA held that a particular social group (PSG) defined by a noncitizen’s sex or sex and nationality, standing alone, is overbroad and insufficiently particular to be cognizable. Matter of K-E-S-G-, 29 I&N Dec. 145 (BIA 2025)
CA1 Finds That Agency Applied Incorrect Legal Standard in Evaluating Whether Petitioners Were Removable
The court concluded that, because the petitioners were charged with inadmissibility rather than deportability, the government had the burden to prove that they were noncitizens by “clear, unequivocal, and convincing” evidence, and failed to do so. (Da Silva Borges, et al. v. Bondi, 7/18/25)
USCIS Announces Updated Fees Based on H.R. 1
USCIS will publish a Federal Register notice on 7/22/25 with updated fees based on the H.R 1 Reconciliation Bill (H.R. 1). Applicants must submit the new fees with benefit requests postmarked on or after 7/22/25. USCIS will reject any form postmarked on or after 8/21/25, without the proper fees.
CA7 Upholds Denial of Motion to Reopen Where Petitioner Failed to Comply with Procedural Requirements
The court upheld the BIA’s denial of the petitioner’s motion to reopen based on ineffective assistance of counsel, finding that he failed to fulfill the first two procedural requirements set forth in Matter of Lozada needed to bring such a motion. (Singh v. Bondi, 7/18/25)
DOJ Notice of Extension of Form EOIR-31A
DOJ notice of extension of Form EOIR-31A, Request by Organization for Accreditation or Renewal of Accreditation of Non-Attorney Representative, used to request initial or renewed accreditation of a non-attorney representative to appear in EOIR or DHS immigration proceedings. (90 FR 34011, 7/18/25)
EOIR Notice of Extension of Form EOIR-31
EOIR notice of extension of Form EOIR-31, Request for New Recognition, Renewal of Recognition, Extension of Recognition of a Non-profit Religious, Charitable, Social Service, or Similar Organization. (90 FR 34010, 7/18/25)
EOIR Issues Policy Memo on Statutory Fees Under the One Big Beautiful Bill Act
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-35, addressing updates in the statutory fees under the One Big Beautiful Bill Act. On 7/17/25, PM 25-36 (amended) was posted to replace this PM and clarify certain points for adjudicators, including updates to the table of EOIR fees.
Detainees and Legal Service Providers Sue Trump Administration over Florida’s “Alligator Alcatraz” Camp
In C.M. et al. v. ICE et al., the ACLU, ACLU of Florida, and Americans for Immigrant Justice sued over inhumane conditions at “Alligator Alcatraz,” citing rights violations, lack of legal access, and isolation. Filed for detainees and their legal reps. Read more via ACLU of Florida.
CA7 Remands Asylum Claim of Petitioner Who Was Persecuted by Man Who Allegedly Killed Six of Her Family Members
The court found that the petitioner had shown the requisite nexus between her family membership and her persecution and had endured a prolonged pattern of threats and accompanying violence, and had thus established past persecution. (Mejia-Hernandez, et al. v. Bondi, 7/17/25)
DOJ Requests Data on Noncitizens in California Jails
DOJ issued requests to sheriffs in multiple major California counties—including Los Angeles and San Francisco Counties—for lists of all inmates in their jails who are not citizens of the United States, their crimes of arrest or conviction, and their scheduled release dates.
Policy Brief: The Dignity Act of 2025
On July 15, Congresswomen Maria Elvira Salazar (R-FL) and Veronica Escobar (D-TX) and 18 other House members introduced an updated version of the “Dignity Act.” This brief provides an analysis of key parts of the bill.
CA1 Upholds Cancellation of Removal Denial to Guatemalan Petitioner with Two U.S.-Citizen Children
The court upheld the BIA’s order affirming the IJ’s denial of cancellation of removal, finding that the petitioner failed to show that her removal would result in exceptional and extremely unusual hardship to her two U.S.-citizen children under INA §240A(b)(1)(D). (Alay v. Bondi, 7/16/25)
U.S.-Guatemala Agreement Regarding the Transfer of Central American Nationals to Guatemala
DHS published an agreement between the U.S. and Guatemalan governments relating to the transfer of nationals of Central American countries to Guatemala, effected by exchange of diplomatic notes on 6/11/25 and 6/13/25. (90 FR 31670, 7/15/25)
CA3 Holds That BIA Exceeded Authority in Self-Certifying DHS’s Late Appeal of IJ’s Grant of LPR Status
The court held that the BIA exceeded its authority when it used an agency regulation, namely 8 CFR §1003.1(c), to self-certify DHS’s late appeal of the IJ’s order granting the petitioner’s application for adjustment to lawful permanent resident (LPR) status. (Qatanani v. Att’y Gen., 7/15/25)
CA1 Upholds Cancellation Denial as to Brazilian Petitioner Based on Lack of Requisite Hardship to U.S.-Citizen Son
The court upheld the agency’s denial of cancellation of removal, finding that petitioner failed to show that his removal would cause exceptional and extremely unusual hardship to his U.S.-citizen son, who faced troubles in school, the community, and at home. (Goncalves Leao v. Bondi, 7/14/25)
CA1 Holds That Agency Applied Incorrect Standard of Proof in Denying Motion to Terminate Removal Proceedings
The court concluded that “clear, unequivocal, and convincing evidence” requires a greater degree of proof than the “clear and convincing evidence” standard, and found the agency erred by requiring DHS to show alienage only by clear and convincing evidence. (Rosa, et al. v. Bondi, 7/11/25)
Practice Alert: Some Immigration Courts Accept Asylum Application Filings Without $100 Fee Receipt
Updated reports from members indicate some immigration courts are accepting Form I-589 filings without proof of fee payment, while other courts are reportedly still rejecting them.
BIA Holds That False SSNs and Tax Misrepresentations Are Negative Discretionary Factors Absent Reasonable Reliance on Professional Advice
The BIA held that using false or stolen Social Security numbers (SSNs) and filing false tax returns are negative discretionary factors, and that respondent’s reliance on professional advice must be supported by evidence and explanation. Matter of Gonzalez Jimenez, 29 I&N Dec. 129 (BIA 2025)
Agreement Between U.S. and Honduran Governments for Cooperation in Examination of Protection Requests
DHS published an agreement between the U.S. and Honduran governments to cooperate on protection requests, signed 3/8/25 and amended 6/25/25. It outlines conditions for Honduras to process protection requests for some asylum seekers who sought protection in the U.S. (90 FR 30076, 7/8/25)
CA2 Holds That 30-Day Deadline for Petitions for Review under INA §242(b)(1) Is Nonjurisdictional
The court held that the 30-day filing deadline in INA §242(b)(1) is not a jurisdictional rule but a nonjurisdictional claim-processing requirement, and found that the Supreme Court’s decision in Riley v. Bondi abrogated its prior ruling to the contrary. (Castejon-Paz v. Bondi, 7/8/25)
CA9 Grants Rehearing En Banc in Case Addressing Exceptional Circumstances for in Absentia Removal Order
The court granted rehearing en banc and vacated its prior opinion filed on 10/17/24, which held that the petitioner established exceptional circumstances warranting reopening her in absentia removal order under INA §240(b)(5)(C)(i). (Montejo-Gonzalez v. Bondi, 7/8/25)
ICE Memo: Interim Guidance Regarding Detention Authority for Applications for Admission
On July 8, 2025, ICE issued interim guidance regarding detention authority for applicants for admission.
CA8 Denies Cancellation of Removal After SCOTUS Remand in Light of Wilkinson
On remand from the U.S. Supreme Court, the court held that, even under Wilkinson v. Garland, the petitioner failed to show that his U.S. citizen children would face exceptional and extremely unusual hardship, and thus upheld the denial of cancellation. (Garcia-Pascual v. Bondi, 7/7/25)
EOIR Policy Memo (PM) 25-34 Conflicting Precedents of the Board of Immigration Appeals
EOIR Acting Director issued Policy Memo (PM) 25-34, "Conflicting Precedents of the Board of Immigration Appeals," stating that without established methods to resolve conflicts between BIA precedents, IJs must use their best judgement and explain their reasoning when choosing which precedent to use.