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
CA5 Finds BIA Properly Relied on Form I-213 to Conclude Petitioner Had Received Notice of His Removal Hearing
The court held that the BIA did not err in relying on a reconstructed record that did not contain the petitioner’s Notice to Appear (NTA) but that did include his Form I-213, Record of Deportable/Inadmissible Alien. (Alexandre-Matias v. Garland, 6/13/23)
ICYMI: ICE Online Change of Address Tool Fully Operational
ICE announced that its online change-of-address form for noncitizens is fully operational. Noncitizens now have the option to update their information online in addition to the existing options of doing so by phone or in-person.
USCIS 30-Day Notice and Request for Comment on Proposed Revisions to Form I-881
USCIS 30-day notice and request for comment on proposed revisions to Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Pub. L. 105–100, NACARA). Comments are due 7/12/23. (88 FR 38088, 6/12/23)
Southern California Chapter: Q&A from Liaison Meeting with OPLA-LA and ERO (6/12/23)
Notes from Southern California Chapter’s liaison meeting with DHS OPLA-LA and ERO on 6/12/23.
CA5 Finds Petitioner Who Had Been Convicted in Texas of Injuring a Child by Omission Was Removable
The court upheld the BIA’s conclusion that the petitioner was removable under INA §237(a)(2)(E)(i) for having been convicted of a crime of child abuse and under INA §237(a)(2)(A)(i)(I) for having been convicted of a crime involving moral turpitude (CIMT). (Ponce v. Garland, 6/9/23)
DHS PowerPoint on Its Efforts to Support Labor Agencies Through Worker Protection
DHS provided a PowerPoint that outlined its efforts to support labor agencies including a description of the roles and responsibilities, the centralized process for workers to request deferred action, and contact information.
CA9 Holds That IJ’s Rejection of Opportunity to File Relief Application Deprived Petitioner of Due Process
The court held that the IJ’s rejection of the petitioner’s attorney’s request for the opportunity to file a relief application on the date of the petitioner’s individual merits hearing deprived the petitioner of a full and fair opportunity to be heard. (Arizmendi-Medina v. Garland, 6/7/23)
CA9 Upholds Denial of Asylum to Guatemalan Woman Who Feared Future Persecution on Account of Her Political Opinion
Where the Guatemalan petitioner claimed she feared persecution on account of her political opinion, the court held that she had failed to show a nexus between her past or feared future harms and her membership in three alleged particular social groups. (Rodriguez-Zuniga v. Garland, 6/7/23)
CA9 Says BIA Erred in Finding Petitioner’s Convictions for Attempting to Elude a Police Vehicle in Washington Were CIMTs
The court held that, in finding petitioner’s convictions for attempting to elude a police vehicle were crimes involving moral turpitude (CIMTs), the BIA failed to address substantive changes the Washington Legislature had made to the statute of conviction. (Zhovtonizhko v. Garland, 6/7/23)
Advocacy Groups File CRCL Complaint Regarding DHS’s Reliance on Unreliable Information from Human Rights-Abusing Governments
A group of advocacy organizations filed a complaint with DHS’s Office of Civil Rights and Civil Liberties (CRCL) requesting an investigation into DHS’s alleged reliance on unreliable information from human rights-abusing governments in enforcement practices and immigration proceedings.
EOIR Issues Memo on Language Access in Immigration Court
EOIR issued a memo that discusses interpretation and language access in immigration court. This memo is effective 6/6/23. It supersedes and rescinds Operating Policies and Procedures Memorandum 04-08, Contract Interpreter Services.
CA9 Holds That INA §236(c) Authorizes Immigration Detention During Judicial Review Phase of Removal Proceedings
The court held that a noncitizen initially subject to mandatory detention under INA §236(c) is not entitled to a bond hearing under INA §236(a) while awaiting a decision on a petition for review. (Hernandez Avilez v. Garland, 9/8/22, amended 6/6/23)
CA8 Upholds Asylum Denial as to Married Homosexual Petitioner from Mexico
The court held that substantial evidence supported the BIA’s finding that the petitioner had failed to demonstrate a well-founded fear of persecution based on his membership in the particular social group (PSG) of “married homosexual males in Mexico.” (Pacheco-Moran v. Garland, 6/5/23)
CA5 Finds Petitioner Forfeited Right to Notice by Failing to Correct Erroneous Mailing Address
Denying the petition for review, the court concluded that the petitioner had forfeited his right to notice by failing to correct the erroneous mailing address listed in his “Notification Requirement for Change of Address” and Form I-830. (Nivelo Cardenas v. Garland, 6/2/23)
CA7 Finds Female Business Owner in El Salvador Failed to Establish Well-Founded Fear of Future Persecution
The court held that the documentary evidence did not compel a finding that the petitioner had established a well-founded fear of future persecution, but instead demonstrated general conditions of crime and violence in El Salvador. (Granados Arias v. Garland, 5/31/23)
CA4 Finds It Lacks Jurisdiction to Review Petition Filed Eight Months After BIA’s Final Order of Removal
The court held that the BIA’s December 2020 order denying cancellation of removal was a “final order of removal” that started INA §242(b)(1)’s 30-day clock, and thus that the petitioner’s filing for review in August 2021 was outside the mandatory filing period. (Salgado v. Garland, 5/31/23)
ICE Begins Testing Wrist-Worn GPS Monitoring Technology
ICE announced that it began limited testing in Denver of a wrist-worn GPS monitoring device as part of its ongoing efforts to provide additional technology in the Alternatives to Detention suite of options.
Practice Alert: Regulatory Changes Due to the Asylum Transit Ban
AILA provides a practice alert on regulatory changes made by the newly published regulation Circumventing Lawful Pathways. Interior attorneys should be aware that these changes are not limited to the border and do impact asylum eligibility for non-expedited removal cases.
USCIS 60-Day Notice and Request for Comment on Proposed Revisions to Form I-589
USCIS 60-day notice and request for comment on proposed revisions to Form I-589, Application for Asylum and for Withholding of Removal. Comments are due 7/24/23. (88 FR 33161, 5/23/23)
CA9 Remands Asylum Claim Where BIA Applied Wrong Standard in Reviewing IJ’s Nexus Determination
The court remanded petitioner’s asylum claims, finding that the BIA applied the wrong standard in reviewing the IJ’s determination that the evidence failed to establish the requisite nexus between a protected ground and past or future harm. (Umana-Escobar v. Garland, 3/17/23, amended 5/23/23)
BIA Holds That Conviction in New York for Displaying Perceived Firearm During Burglary Is an Aggravated Felony Crime of Violence
The BIA held that a conviction for displaying what appears to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm while committing burglary under New York law constitutes an aggravated felony crime of violence. Matter of Pougatchev, 28 I&N Dec. 719 (BIA 2023)
CA9 Reverses District Court’s Determination That INA §276 Violates Equal Protection Clause
The court held that plaintiff did not carry his burden of proving that INA §276 was enacted with the intent to be discriminatory towards Mexicans and other Central and South Americans, and thus that the district court erred in holding otherwise. (United States v. Carrillo-Lopez, 5/22/23)
Practicing Law in TV Land
AILA member Tony Drago describes the impact of using video rather than in-person hearings, writing that while “In 2022, EOIR issued guidance to immigration judges on the use of virtual hearings, but far more clear guidance and standards are needed to ensure fairness.“
Practice Alert: Operational and Policy Updates from ICE Post-Title 42
In the lead-up to the end of Title 42 and in the days thereafter, ICE issued several operational and policy updates. AILA provides a practice alert with a summary of information gleaned from ICE briefings and stakeholder engagements.
EOIR Announces 19 New Immigration Judges
EOIR announced the appointment of 19 immigration judges, including one assistant chief immigration judge, to immigration courts in Arizona, California, Illinois, Louisiana, Massachusetts, New York, and Texas.