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: During Webex Hearings, All Parties Should be Clearly Visible on Camera
The EOIR Liaison Committee provides a practice alert on member concerns regarding judges having their courtroom cameras positioned in such a way that the judge’s face is not clearly visible during Webex hearings.
Practice Alert: EOIR Specialized Dockets
The EOIR Liaison Committee provides a practice alert on EOIR’s clarification that every immigration court has specialized dockets and that practitioners may seek engagement with local EOIR to determine when specialized dockets occur at particular immigration courts.
Practice Alert: Following Date and Time on NTA vs. Relying on ACIS/800#
The EOIR Liaison Committee provides a practice alert on member concerns on the Notice to Appear (“NTA”) that lists a hearing date and time and the 1-800 number used to determine whether they have a court hearing.
Practice Alert: EOIR’s “Off Calendar” Notices
The EOIR Liaison Committee provides a practice alert on its “Off Calendar” initiative to address immigration court backlogs.
EOIR to Host Series of Stakeholder Meetings Regarding Pre-Hearing Conferences
EOIR invites stakeholders to meet with assistant chief immigration judges to discuss pre-hearing conferences for immigration court matters. Register for EOIR’s Stakeholder listserv for those details coming soon. EOIR plans to host 28 meetings on this topic between April 17 and May 25, 2023.
CA2 Remands Asylum Claim of Ukrainian Petitioner After Finding That Agency’s Adverse Credibility Determination Relied on Legal Error
The court held that the IJ’s adverse credibility finding was not supported by substantial evidence and that the IJ unjustifiably refused to allow the petitioner to present readily available witness testimony, thereby depriving him of a full and fair hearing. (Malets v. Garland, 4/14/23)
AILA and Partners Submit Amicus Brief on Child Endangerment Statutes
AILA and partners submitted an amicus brief to the Supreme Court in Diaz-Rodriguez v, Garland on whether child endangerment statutes qualify as crimes of "child abuse, child neglect, or child abandonment" under INA 237(a)(2)(E)(i) and urge the Court to grant certiorari in this case.
Department of the Treasury Notice on Interest Rate for Immigration Bonds
Department of the Treasury notice that for the period beginning 4/1/23 and ending 6/30/23, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 3 per centum per annum. (88 FR 20945, 4/7/23)
ICE Announces Online Tool for Noncitizens to Provide Change of Address
ICE announced an online change-of-address form for noncitizens that will give individuals the option to update their information online in addition to the existing options of doing so by phone or in-person.
CA11 Holds That Petitioner Had No Protected Liberty Interest in Discretionary Cancellation of Removal
The court held that the petitioner did not have a constitutionally protected liberty interest in cancellation of removal, and found that it lacked jurisdiction under INA §242(a)(2)(B)(i) to review the petitioner’s ineffective assistance of counsel claim. (Ponce Flores v. Att’y Gen., 4/5/23)
CA5 Finds It Lacks Subject-Matter Jurisdiction to Review Status-Adjustment Decisions by USCIS
The court held that status-adjustment decisions made by USCIS outside the context of removal proceedings are not final agency actions reviewable under the Administrative Procedure Act, nor are they final removal actions reviewable per the INA. (Elldakli, et al. v. Garland, et al., 4/4/23)
CA1 Finds BIA Did Not Err in Determining That Petitioner’s Brazilian Conviction Rendered Him Ineligible for Asylum and Other Relief
The court held that substantial evidence supported the BIA’s determination that the petitioner’s Brazilian conviction, which carried a sentence of more than seven years, constituted both an aggravated felony and a particularly serious crime. (Andrade-Prado, Jr. v. Garland, 4/4/23)
CA9 Upholds BIA’s Denial of Petitioner’s Second Motion to Reopen and Denies Parties’ Joint Request to Refer Case to Mediation
The court upheld the BIA’s denial of petitioner’s untimely and numerically barred second motion to reopen, and denied the parties’ joint request to send the case to mediation in order to put the appeal into abeyance while petitioner pursued other forms of relief. (Ayanian v. Garland, 4/3/23)
CA2 Affirms Denial of Petitioner’s Request for Administrative Closure Despite Agency’s Reliance on Subsequently Overturned Decision
The court held that an agency does not abuse its discretion by relying on an interpretation of its regulations that is controlling at the time of the agency’s decision—even if it subsequently revises that interpretation—as long as the interpretation is reasonable. (Garcia v. Garland, 3/31/23)
CA9 Finds Conviction for Second-Degree Robbery in Washington Is an Aggravated Felony Under INA §101(a)(43)(G)
Denying the petition for review, the en banc court held that second-degree robbery under Washington law is a categorical match with generic theft and thus that the petitioner had been convicted of an aggravated felony under INA §101(a)(43)(G). (Alfred v. Garland, 3/30/23)
CA9 Concludes Government Proved That Conspiracy to Which Petitioner Pleaded Guilty Involved More Than $10,000 in Losses to Victims
The court held that the government proved that the petitioner’s conspiracy conviction involved losses exceeding $10,000, and that the petitioner was thus removable for having been convicted of an aggravated felony under INA §101(a)(43)(M)(i), (U). (Khalulyan v. Garland, 3/30/23)
CA6 Says BIA Abused Its Discretion in Affirming Petitioner’s Removability Despite DHS’s Failure to Satisfy Evidentiary Burden
Where petitioner pled guilty in Michigan to failing to return rental property and was ordered to pay over $10,000 in restitution, the court held that DHS did not meet its burden of proving by clear and convincing evidence that the actual loss exceeded $10,000. (Al-Adily v. Garland, 3/30/23)
Featured Issue: Protecting Dreamers
Resources on legislative and administrative efforts to protect Dreamers, as well as litigation challenging the DACA program.
Featured Issue: A Path to Citizenship for People Who Are Undocumented or Lack Permanent Status
Overwhelmingly, Americans support a path to citizenship for unauthorized immigrants and people with temporary status. Take action now and tell Congress to ensure permanent status for these valued members of our community.
BIA Rules on Controlling Circuit Law in Immigration Court Proceedings for Choice of Law Purposes
The BIA held that, for choice of law purposes, the controlling circuit law in immigration court proceedings is the law governing the location of the immigration court where venue lies, and will change only if an IJ grants a motion to change venue. Matter of Garcia, 28 I&N Dec. 693 (BIA 2023)
USCIS 60-Day Notice and Request for Comment on Proposed Revisions to Form I-881
USCIS 60-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 5/22/23. (88 FR 17589, 3/23/23)
CA9 to Rehear En Banc De La Rosa-Rodriguez v. Garland
The court ordered rehearing en banc and vacated its prior decision in the case, which held that the court could review a question of law or a mixed question of law and fact in a challenge to a cancellation denial based on lack of hardship. (De La Rosa-Rodriguez v. Garland, 3/22/23)
AILA and Partners Submit an Amicus Brief to Supreme Court on Obstruction of Justice
AILA and partners submitted an amicus brief to the Supreme Court arguing that the obstruction of justice aggravated felony requires a nexus to a pending proceeding or investigation and the judgment of the U.S. Court of Appeals should be reversed and affirmed.
Why Finding Your Pro Bono Opportunity Can Help YOU
AILA's Practice and Professionalism Center highlights a few recent “Pro Bono High Fives,“ featuring AILA members, to inspire and encourage others to use their legal expertise to change lives, and maybe have some fun too!
DHS Provides a Privacy Impact Assessment for the Alternatives to Detention Program
DHS provides a Privacy Impact Assessment that describes how ICE’s Alternatives to Detention (ATD) programs operate in a manner that includes privacy and civil liberties safeguards in accordance with law, regulation, and policy.