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
Practice Alert: EOIR Issues Guidance on DHS Enforcement Priorities
On September 28, 2023, Director David L. Neal, published a Director's Memorandum issuing guidance for EOIR adjudicators in light of the Mayorkas Memorandum and the Doyle Memorandum.
CA7 Upholds Asylum Denial to Guatemalan Petitioner Who Feared Persecution on Account of Her Mayan Ancestry
The court held that substantial evidence supported the IJ’s determination that the Guatemalan petitioner had failed to establish that the Guatemalan government was unable or unwilling to protect her. (Perez v. Garland, 10/3/23)
CA11 Find Petitioner’s Massachusetts Armed Robbery Conviction Constituted an Aggravated Felony
The court held that the petitioner was removable as an aggravated felon, finding that his Massachusetts conviction for armed robbery constituted a theft offense under INA §101(a)(43)(G), and was thus an aggravated felony under INA §237(a)(2)(A)(iii). (Kemokai v. Att’y Gen., 10/2/23)
EOIR Issues Flyer on Cancellation of Removal
EOIR issued a flyer on cancellation of removal, including information on how an individual can apply for cancellation.
EOIR Issues Memo with Guidance on Enforcement Priorities and Prosecutorial Discretion
EOIR issued a Director’s Memorandum (DM) that provides guidance to adjudicators on the enforcement priorities and exercises of prosecutorial discretion of DHS. This DM rescinds Policy Memorandum 21-25. Guidance is effective 9/28/23.
Southern California Chapter: Q&A from Liaison Meeting with DHS OPLA-LA and ERO (9/27/23)
Notes from Southern California Chapter’s liaison meeting with DHS OPLA-LA and ERO on 9/27/23.
CA3 Finds That Petitioner’s DUI Conviction in Pennsylvania Did Not Render Him Removable Under INA §237(a)
The court held that the BIA erred in concluding that the petitioner’s 2018 Pennsylvania conviction for driving under the influence (DUI) of marijuana constituted an offense involving a controlled substance that rendered him removable under INA §237(a). (Pesikan v. Att’y Gen., 9/26/23)
Congressional Leaders Request USCIS Guidance on Cases Terminated by ICE
Congressional leaders wrote a letter to USCIS requesting guidance, so asylum seekers and their counsel know how to navigate affirmative asylum claims and applications for work authorization before the immigration court if a case is terminated.
NARA Notice of Agency Records Schedules
National Archives and Records Administration (NARA) notice with records schedules in which agencies propose to dispose of certain records. This notice includes a records schedule from ICE called “Video and Audio Surveillance Records.” (88 FR 65757, 9/25/23)
White House Announces New Actions to Increase Border Enforcement and Accelerate Processing for Work Authorizations
The White House announced new measures to enhance border security, including an expansion of FERM, increasing DHS holding and processing capacity, accelerated processing for EADs filed by parolees who scheduled an appointment through CBP One, and more.
AILA Joins Sign-on Letter Requesting Further Transparency into the FERM Program
AILA joined 45 other organizations in requesting DHS to provide additional transparency into the impact and operation of the Family Expedited Removal Management (FERM) program.
CA1 Holds That Petitioner’s Pending Post-Conviction Motion to Vacate Did Not Disturb Finality of Conviction for Immigration Purposes
The court held that BIA did not abuse its discretion in finding that petitioner’s pursuit of post-conviction relief neither destroyed the finality of her underlying conviction for immigration purposes nor invalidated the basis for the removal order based on it. (St. John v. Garland, 9/19/23)
EOIR Provides Office of the Chief Immigration Judge Staff Directory
EOIR provides the staff directory for the Office of the Chief Immigration Judge, broken down by court.
USCIS Clarifies Guidance for Filing DACA Applications
USCIS issued an update after a U.S. district court decision found the DACA final rule unlawful. USCIS will continue to accept and process DACA renewals and accompanying applications for EADs. USCIS will continue to accept initial requests, but per the order, not process initial DACA requests.
AILA’s EOIR Liaison Committee Meets with EOIR (9/14/23)
AILA’s EOIR Liaison Committee met with EOIR in person as well as virtually in September 2023. Topics discussed included specialized dockets, pre-hearing conferences and DHS non-appearance, default hearing mediums and Webex issues, technology issues, and more. View the minutes as well as the agenda.
CA3 Remands Asylum Claim of Honduran Petitioner Who Feared Persecution Based on Her Past Experiences of Abuse and Sexual Violence
The court remanded for the BIA to determine whether the petitioner’s proposed particular social group (PSG) was cognizable in light of the specific country conditions in Honduras. (Avila v. Att’y Gen., 9/14/23)
AILA Submits Amicus on If DHS Can Remedy a Non-compliant NTA with an Amendment
AILA submitted an amicus brief to the BIA in response to Amicus Invitation No. 23-01-08, arguing that the Board should hold that if DHS serves a putative Notice to Appear that does not comply with Niz-Chavez, termination with prejudice is warranted.
CA9 Holds That Stop-Time Rule Refers to Date an INA §212(a)(2) Offense Is Committed
The court held that the BIA did not err in concluding that the stop-time rule set forth in INA §240A(d)(1)(B) is calculated from the date a petitioner committed the criminal offense that rendered him removable, rather than the date they were convicted. (Rudnitskyy v. Garland, 9/14/23)
CA9 Finds Mexican Petitioner’s Credible Testimony Established Reasonable Fear of Persecution or Torture
Granting the petition for review, the court held that the petitioner’s own credible testimony at the screening stage sufficiently established a reasonable fear of persecution or torture to warrant a hearing before an IJ on the merits of his claims for relief. (Hermosillo v. Garland, 9/14/23)
CA2 Declines to Give Retroactive Effect to New York’s Modification of Sentencing Scheme for Class A Misdemeanors
Declining to give retroactive effect to New York’s modification of its sentencing scheme for purposes of federal immigration law, the court upheld the BIA’s conclusion that petitioner was removable because he committed a crime involving moral turpitude. (Peguero Vasquez v. Garland, 9/13/23)
CA5 Says Business Owners Are Not a Protected Social Group for Purposes of Asylum and Withholding of Removal
Denying the petition for review, the court agreed with the BIA that the petitioners’ proposed social group of “Salvadoran business owners” was not cognizable under the INA, because “business owner” is not an immutable trait. (Munoz-De Zelaya v. Garland, 9/12/23)
CA4 Finds IJ Erred by Failing to Inform Petitioner of Bond Amount and Deadline Before Granting Voluntary Departure
The court held that the BIA erred in concluding that the IJ was not required to advise petitioner of the bond requirement before granting voluntary departure, and found that it was insufficient for the IJ to provide the required advisals in the order itself. (Solis-Flores v. Garland, 9/11/23)
CA5 Upholds Asylum Denial to Former Employee of Ministry of Justice in El Salvador
The court upheld the denial of asylum to the Salvadoran petitioner, rejecting her argument that the BIA’s application of Matter of Fuentes was too broad because it rendered any government employee, even an office worker, ineligible for relief. (Martinez-De Umana v. Garland, 9/8/23)
CA10 Upholds Dismissal of Motion to Reopen Where Petitioner Failed to Voluntarily Depart or File Administrative Motion Within 60 Days
The court denied the petitioner’s motion for reconsideration of the BIA’s dismissal of his motion to reopen proceedings, finding that he had failed to voluntarily depart or file an administrative motion within 60 calendar days pursuant to INA §240B(b)(2). (Velázquez v. Garland, 9/8/23)
CA9 Holds That Reasonable Fear Screening Proceedings Are Consistent with Statutory Provisions Governing Withholding of Removal
The court followed Alvarado-Herrera v. Garland to hold that the reasonable fear screening procedures established by 8 CFR §§208.31 and 1208.31 are consistent with the statutory provisions governing withholding of removal. (Alonso-Juarez v. Garland, 9/8/23)