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
Call for Examples: ICE Arrests at Immigration Courts
AILA members recently reported widespread instances of ICE Enforcement and ERO agents appearing at immigration courts to detain individuals. AILA released a policy brief summarizing the reports. To better understand the details, please complete this survey if your client was arrested at EOIR.
DOJ 60-Day Request for Comments on Revision of Forms EOIR-60 and EOIR-61
DOJ request for comments on revision of Form EOIR-60, Notice of Entry of Limited Appearance for Document Assistance Before the Board of Immigration Appeals, and Form EOIR-61, Notice of Entry of Limited Appearance for Document Assistance Before the Immigration Court. (90 FR 23568, 6/3/25)
CA2 Holds That Agency Properly Relied on Border Interview in Making Adverse Credibility Determination
The court held that because the agency considered petitioner’s argument about the reliability of his border interview, it properly relied on the interview in making an adverse credibility determination under the REAL ID Act’s totality-of-the-circumstances standard. (Singh v. Bondi, 6/3/25)
CA5 Dismisses Cancellation Challenge as Unreviewable and Denies Unexhausted Ineffective Assistance Claim
The court held that it lacked jurisdiction to review the agency’s discretionary denial of cancellation of removal where the petitioner’s arguments did not raise a colorable legal question, and rejected the petitioner’s ineffective assistance of counsel claim. (Linares-Rivas v. Bondi, 6/3/25)
Know Before You Go: Immigration Court Hearings and ICE Arrests
AILA provides a flyer to alert your clients of ICE arrests outside of immigration courthouses with information they should know before going to immigration court. The flyer is available as a generic PDF version as well as a Word version you can customize with your firm's information. Please share.
Know Before You Go: Immigration Court Hearings and ICE Arrests
AILA provides a flyer to alert your clients of ICE arrests outside of immigration courthouses with information they should know before going to immigration court. The flyer is available as a generic PDF version as well as a Word version you can customize with your firm's information. Please share.
Policy Brief: ICE Arrests at Immigration Courts
AILA members reported widespread instances of ICE Enforcement and ERO agents appearing at immigration courts to detain individuals following the dismissal of their case. This brief summarizes the key takeaways from the reports of AILA members and the broader policy implications.
DOS Determination Pursuant to Section 2(b)(2) of the Migration and Refugee Assistance Act of 1962
DOS public notice determining that assistance to migrants without legal basis to remain in the United States to voluntarily return to their country of origin or country of legal status will contribute to the foreign policy interests of the United States. (90 FR 23096, 5/30/25)
BIA Finds That IJ Erred in Allowing Respondent Whose NTA Lacked Time and Place Information to Withdraw Her Pleadings
The BIA held that lack of time and place information on the Notice to Appear (NTA) did not render untrue or incorrect the respondent’s admission to the factual allegations or invalidate the charges of removability in the NTA. Matter of Lopez-Ticas, 29 I&N Dec. 90 (BIA 2025)
CA6 Denies Motion for Stay Where Petitioner Failed to Show Likelihood of Success and Irreparable Harm
The court denied the petitioner’s motion to stay the IJ’s removal order pending appeal, finding that he failed to show that he was likely to succeed on the merits of his underlying appeal and that he would be irreparably injured without a stay. (Sarkisov v. Bondi, 5/29/25)
CA11 Upholds BIA’s Finding That Petitioner’s Motion to Reopen Was Untimely and Procedurally Barred
Denying the petition for review, the court held that the BIA afforded the petitioner’s third motion to reopen reasoned consideration and that it properly exercised its discretion in finding that Niz-Chavez v. Garland did not justify equitable tolling. (Hamilton v. Att’y Gen., 5/29/25)
Third-Country Removals: Procedural Protections Afforded by the Preliminary Injunction in D.V.D. v. DHS
Class counsel issued a practice alert on third-country deportations and key protections under the D.V.D. v. DHS preliminary injunction for noncitizens with final removal orders under INA §§240, 241(a)(5), or 238(b), including withholding-only cases.
ICE Directive: 11072.4 Civil Immigration Enforcement Actions In or Near Courthouses
ICE memo regarding ICE civil immigration enforcement actions in or near courthouses. It outlines which noncitizens are generally subject to such actions, procedures, and responsibilities. It also notes that ICE officers should generally avoid enforcement near non-criminal or specialized courts.
BIA Holds That Nexus Requires More Than Statistical Likelihood or Coincidence
The BIA held that there must be some showing of a connection between the persecutors’ actions and the protected ground beyond speculation such that the alleged harm is not solely stemming from statistical likelihoods or coincidence. Matter of C–I–R–H– & H–S–V–R–, 29 I&N Dec. 114 (BIA 2025)
Practice Alert: Increased Reports of ICE Arrests at Immigration Courts Nationwide
AILA members report a sharp increase in ICE arrests at immigration courts around the country.
AILA Sends Letter to EOIR Over Unethical Flyers
On May 22,2025, AILA sent a letter to the Executive Office of Immigration Review (EOIR) in concern over the flyers being distributed by immigration judges that contain misleading information to respondents.
Take Action: Urge Congress to Hold EOIR Accountable and Stop the Distribution of Legally Inaccurate “Self-Deportation” Flyers
EOIR is distributing legally inaccurate flyers titled “Message to Illegal Aliens: A Warning to Self-Deport” that undermine due process and judicial neutrality. Join AILA and IJC in urging Congress to demand EOIR halt these flyers and uphold fairness in immigration courts.
Practice Alert: ICE Arrests at USCIS Interviews
AILA reports a rise in ICE arrests at USCIS interviews and check-ins nationwide, targeting individuals with prior removal orders, criminal history, or suspected fraud. Members are urged to prepare clients and report incidents to AILA’s liaison committee.
Call for Examples: Asylum Application Pretermitted
On April 11, 2025, EOIR issued a memorandum encouraging immigration judges to pretermit applications for asylum if they did not state a prima facie claim. To understand how the memo is being implemented across the country, please complete this survey if you've had an asylum application pretermitted.
Template Opposition to Motion to Recalendar
Last week AILA was alerted that ICE OPLA would be filing Motions to Recalendar in all administratively closed cases before July 9, 2025. AILA and CLINIC have created a template opposition to help attorneys as they respond to these filings.
CA2 Upholds Asylum Denial Where Petitioner Relied on General Country Conditions Evidence and Single Incident of Police Misconduct
The court held that petitioner’s testimony regarding a single incident of police misconduct was insufficient to show that the Indian government was unable or unwilling to protect him, and that general country conditions evidence did not compel a different result. (Singh-Kar v. Bondi, 5/21/25)
CA1 Finds That Mailing Petition for Review Does Not Constitute Filing the Petition
The court held that although the petitioner mailed his petition for review before the expiration of the statutory deadline for filing the petition, he failed to ensure that the clerk received it by that deadline, and thus failed to timely file his petition. (Goncalves v. Bondi, 5/20/25)
CA9 Holds That Substantial Evidence Standard of Review Applies to Hardship Determination in Cancellation of Removal Cases
The court held that the substantial evidence standard of review applies to the hardship determination in cancellation of removal cases, and that substantial evidence supported the BIA’s hardship determination as to the Mexican petitioner. (Gonzalez-Juarez v. Bondi, 5/20/25)
Arguing Against Pretermission of Asylum Cases in Immigration Court
This practice pointer outlines legal arguments for challenging pretermission of asylum applications for clients in removal proceedings. This comes after EOIR's recent policy memo, PM 22-28, published on April 11, 2025.
CA2 Finds That District Court Lacked Jurisdiction to Review USCIS’s Denial of Adjustment of Status Application
The court held that a denial of an application for adjustment of status under INA §245 is a “judgment” for purposes of INA §242(a)(2)(B)(i), regardless of whether it is issued by an immigration court or USCIS. (Xia v. Bondi, 5/19/25)