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 the Council Seek Information on the Family Expedited Removal Management (FERM) Program
AILA and the American Immigration Council filed a FOIA request to obtain documents related to ICE and CBP’s implementation of the Family Expedited Removal Management Program (FERM).
CA9 Says Exclusionary Rule of Miranda v. Arizona Did Not Apply Where Petitioner Was Arrested Pursuant to Administrative Warrant
The court upheld the IJ’s and BIA’s denial of the petitioner’s motion to suppress, rejecting his argument that he should have received Miranda warnings because he was apprehended by immigration officers pursuant to an administrative warrant. (Zuniga De La Cruz v. Garland, 11/17/23)
CA1 Holds That Notice to Petitioner Was Properly Accomplished Based on Applicable Regulations and USCIS Policy
The court rejected the petitioner’s argument that USCIS had failed to properly serve him with the notice of its intent to revoke his visa petition, concluding that notice was properly accomplished based on the applicable regulations and USCIS policy. (Manguriu v. Garland, 11/16/23)
CA4 Finds That BIA’s Withholding-Only Order Was Not a Final Order of Removal Under INA §242(b)(1)
The court held that it lacked jurisdiction under INA §242(b)(1) to review the BIA’s withholding-only order, finding that the pendency of the petitioner’s withholding-only proceedings did not extend his time to file and thus that the petition was untimely. (Martinez v. Garland, 11/16/23)
CA4 Grants Panel Rehearing in Ullah v. Garland at Request of Attorney General
At the request of the Attorney General, the court granted the petition for panel rehearing and modified its opinion to the extent that it remanded the case to the Attorney General for further proceedings. (Ullah v. Garland, 10/12/23)
Featured Issue: Asylum and Credible Fear Interim Final Rule
A USCIS interim final rule on credible fear and asylum took effect May 31, 2022, and changes the way DHS processes asylum cases for individuals in expedited removal. This is a resource page to help immigration attorneys understand the new process for credible fear and asylum.
CA1 Upholds Asylum Denial to Guatemalan Petitioner of Mam Ethnicity Who Experienced Unfulfilled Threats from Gangs
The court held that the petitioner failed to establish past persecution based on two incidents with gang members in Guatemala City, and found that he did not show a well-founded fear of future persecution on account of his indigenous Mam ethnicity. (Hernandez-Mendez v. Garland, 11/15/23)
CA2 Finds Petitioner’s Conviction for Abuse of a Corpse in Arkansas Was Not a CIMT
The court held that the petitioner’s conviction for abuse of a corpse in violation of Arkansas Code Annotated §5-60-101 was not categorically a crime involving moral turpitude (CIMT). (Giron-Molina v. Garland, 6/20/23, amended 11/14/23)
Recommendations on Protecting Individuals Impacted by the Middle East Conflict
AILA urged the Administration to take immediate comprehensive action to ensure the safety and security of all people impacted by the conflict in the Middle East and must take affirmative steps to ensure that individuals are not forced to return to danger in the middle of the conflict.
CA1 Upholds Denial of Asylum as to Salvadoran Petitioner Who Was Threatened with Extortion by Gangs as a Teenager
Although the court agreed with petitioner that the BIA erred by failing to evaluate the severity of her mistreatment as a teenager through the eyes of a child, it held that she had not shown a connection between her mistreatment and any protected ground. (Varela-Chavarria v. Garland, 11/9/23)
EOIR Announces 39 New Immigration Judges
EOIR announced the appointment of 39 immigration judges to courts in California, Colorado, Connecticut, Florida, Georgia, Illinois, Louisiana, Maryland, Massachusetts, Minnesota, New Jersey, New York, Ohio, Texas, Virginia, and Washington.
AILA and the Council Submit Comment to EOIR on Administrative Closure
AILA and the American Immigration Council submitted a comment in response to DOJ’s notice of proposed rulemaking (NPRM) that seeks to restore authority to EOIR adjudicators to manage and decide their cases in a reasonable manner. AILA and the Council are supportive of this NPRM.
DHS Issues Guidance on Preventing and Addressing Gender-Based Violence Through a Victim-Centered Approach
DHS issued a directive that establishes its policy on efforts to prevent and address gender-based violence and formalizes its policy on victim-centered, trauma-informed, and culturally sensitive approaches.
AILA and Partners Submit Amicus on the Interpretation of the Notice of Hearing Provision
AILA and partners submitted an amicus brief to the Supreme Court, arguing that the position of the noncitizens regarding NTAs that lack a time and place is supported by the statutory provisions attempting to facilitate retaining counsel before the first hearing.
EOIR 30-Day Notice and Request for Comment on Proposed Revisions to Form EOIR-27
EOIR 30-day notice and request for comment 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 11/27/23. (88 FR 73622, 10/26/23)
AILA’s ICE Liaison Committee Meets with ICE OPLA/ERO
AILA’s ICE National Committee shares the official minutes, as well as the agenda and requests for written updates from its October 26, 2023, liaison engagement with ICE OPLA and ICE ERO.
ICE Resumes Direct Repatriations of Venezuelan Nationals
ICE announced that it has facilitated the first charter flight to Venezuela as part of other routine ICE removal flights.
CA1 Upholds Asylum Denial to Petitioners Who Feared Harm Based on China’s Continued Enforcement of Family Planning Policy
The court upheld the BIA’s affirmance of the IJ’s denial of the married petitioners’ applications for asylum and related relief based on alleged political persecution by Chinese officials seeking to enforce China’s Family Planning Policy. (M.S.C. v. Garland, 10/24/23)
Practice Alert: Venezuela TPS and Removal Flights Resume
AILA’s ICE Committee provides a practice alert on the resumption of removal flights to Venezuela, detained TPS-eligible clients, and tips on screening for post-order removal relief.
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.