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
CA1 Remands Adjustment Claim Where BIA Failed to Apply Corroboration Requirement Before Giving Substantial Weight to Police Reports
The court held that the BIA violated its own precedent by giving substantial weight to police reports from the Haitian petitioner’s arrests that did not result in convictions without corroborating evidence, and thus remanded his claim for adjustment of status. (Maurice v. Bondi, 10/2/25)
CA2 Remands CAT Claim of Salvadoran Petitioner Where BIA Provided Insufficient Justification for Clear Error Finding
Granting the petition for review and remanding, the court held that the BIA failed to provide sufficient justification for its conclusion that the IJ committed clear error in granting Convention Against Torture (CAT) relief to the Salvadoran petitioner. (Villalta Martinez v. Bondi, 10/8/25)
BIA Denies Cancellation After Finding Respondent with Two DWI Convictions Failed to Show Good Moral Character
The BIA held that IJ erred in finding that respondent, who had two convictions for driving while intoxicated (DWI), had overcome the presumption that he lacked good moral character based on his care for his son and his history of employment. Matter of Palma-Olvera, 29 I&N Dec. 355 (BIA 2025)
Client Flyer: What Happens During a Government Shutdown?
AILA provides an easy flyer for you to share with your clients to help them understand what happens to immigration-related agencies during a government shutdown.
CA3 Remands Where BIA Misapplied Particularly Serious Crime Test and Failed to Address CAT and Waiver Claims
The court found that BIA misapplied the particularly serious crime framework for petitioner’s asylum and withholding claims, failed to properly assess his Convention Against Torture (CAT) claim, and failed to inform him of eligibility for an INA §212(h) waiver. (Amos v. Att’y Gen., 10/1/25)
CA9 Remands Mexican Petitioner's CAT Claim Where BIA Failed to Consider Expert Testimony and Country Conditions
The court held that the BIA failed to give reasoned consideration to extensive expert testimony and country-conditions evidence regarding the risk of torture to the Mexican petitioner, and thus remanded petitioner’s Convention Against Torture (CAT) claim. (Uc Encarnacion v. Bondi, 9/30/25)
DOJ Publishes FY 2026 Shutdown Contingency Plan
DOJ published a contingency plan for DOJ operations in case of a lapse in appropriations. For EOIR, the plan states that cases “involving detained respondents” will move forward during the shutdown. It does not address non-detained dockets.
CA10 Remands Where BIA Incorrectly Treated Petitioner’s Asylum Appeal as Waived
The court denied the petition for review as to cancellation of removal, but found that the BIA abused its discretion by treating the petitioner’s asylum appeal as waived, and thus remanded for the BIA to address the merits of the petitioner’s asylum appeal. (Rangel-Fuentes v. Bondi, 9/29/25)
BIA Holds That Perceived PSG Membership Requires Cognizable Underlying Group
The BIA held that perceived or imputed membership in a proposed particular social group (PSG) will only satisfy PSG requirements if the underlying group of which respondent is perceived to be a member is, standing alone, sufficiently cognizable. Matter of L–A–L–T–, 29 I&N Dec. 269 (BIA 2025)
Deaths at Adult Detention Centers
AILA provides a continually updated list of press releases announcing deaths in adult immigration detention.
EOIR Policy Memo (PM 25-51) Withdrawing Email on Motions to Dismiss or Terminate
EOIR Acting Director Roman Chaban released a Policy Memorandum (PM 25-51) withdrawing a 5/30/25 email from an Acting Regional Deputy Chief Immigration Judge providing guidance on adjudicating motions to dismiss or terminate.
CA1 Dismisses Asylum Claim and Upholds Denial of Withholding and CAT Protection as to Guatemalan Petitioner
The court dismissed petitioner’s asylum claim for lack of jurisdiction under INA §208(a)(2)(D) and upheld the BIA’s denial of withholding of removal and Convention Against Torture (CAT) relief as to petitioner, who was threatened by hooded men in Guatemala. (Zapet-Alvarado v. Bondi, 9/22/25)
CA1 Finds That BIA Abused Its Discretion by Failing to Explain Reason for Denial of Late-Filed Brief
The court held that the BIA’s lack of explanation as to why it decided not to exercise its discretion to accept the petitioner’s late-filed brief after the petitioner presented a plausible reason for the brief’s untimeliness warranted a remand. (López-Gómez v. Bondi, 9/22/25)
BIA Finds Respondent Failed to Show He Was Not a Danger to Community in Bond Proceedings
The BIA held that the respondent had not satisfied his burden of demonstrating that he was not a danger to the community given his inappropriate behavior with his stepdaughter and his criminal convictions for DUI and disturbing the peace. Matter of Dubon Miranda, 29 I&N Dec. 335 (BIA 2025)
Practice Alert: New EOIR memo outlining court performance standards and priorities
EOIR releases a memo clarifying standard case priorities and releases a new set of court-specific performance standards. The memo states that there will not be a return to individual judge quotas for the time being.
CA6 Upholds BIA’s Denial of Third Motion to Reopen and Refusal to Reopen Sua Sponte as to Honduran Petitioner
The court upheld the BIA’s denial of the petitioner’s third motion to reopen, rejecting her notice and jurisdictional arguments and finding no abuse of discretion or legal error in the BIA’s refusal to reopen sua sponte. (Vargas-Rodriguez v. Bondi, 9/19/25)
BIA Reverses Grant of CAT Deferral as to Applicant Who Cooperated with U.S. Law Enforcement Against Drug Cartel
The BIA found the applicant, who cooperated with law enforcement against CJNG, did not show a clear probability of torture, where his fear was based on unsubstantiated statements from a coconspirator and generalized evidence of cartel violence. Matter of J–C–A–G–, 29 I&N Dec. 331 (BIA 2025)
CA1 Remands Where BIA Failed to Address Petitioner’s Risk of Torture by Low-Level Haitian Officials under CAT
The court held that the BIA failed to address the petitioner’s Convention Against Torture (CAT) claim insofar as he based the claim on the risk that lower-level government officials in Haiti would torture him while he was held in a detention facility or prison. (Fleurimond v. Bondi, 9/18/25)
CA6 Upholds Denial of Motion to Reopen After Finding Petitioner Was Ineligible for Rescission or Cancellation
The court held that the BIA did not abuse its discretion in denying the petitioner’s motion to reopen, concluding that the petitioner was not eligible for rescission under INA§240(b)(5)(C)(ii) and that he was not entitled to cancellation of removal. (Guzman-Torralva v. Bondi, 9/17/25)
EOIR Policy Memo (PM 25-49) on Clerical Transfers of Bond Redetermination Requests
EOIR Acting Director Sirce E. Owen released a policy memo (PM 25-49) to provide guidance on clerical transfers of bond redetermination requests.
EOIR Policy Memo (PM 25-50) on OCAHO Case Completion Goals
EOIR Acting Director Sirce E. Owen released a policy memo (PM 25-50) to re-establish case completion goals for the Office of the Chief Administrative Hearing Officer (OCAHO).
Twelve Senators on Armed Services Committee Demand Answers from DOD on JAG Corps Members Serving as IJs
Sen. Mazie Hirono (D-HI) led 11 members of the Senate Armed Services Committee in a letter to Department of Defense Judge Advocates General (JAG) Corps leadership expressing concern about the use of military lawyers as temporary immigration judges (IJs).
Rep. Jayapal Leads House Letter Expressing Concern over Military Lawyers Serving as IJs
Rep. Pramila Jayapal (D-WA) led three House members in a letter to Acting EOIR Director Sirce Owen expressing concern over doubling the number of immigration judges (IJs) and using military lawyers, without evidence that they have proper training or expertise to successfully carry out their duties.
BIA Vacates CAT Deferral Where Record Showed Only Generalized Prison Conditions and Gang Violence in Haiti
The BIA held that the IJ erred in granting the respondent deferral of removal under the CAT where the record contained anecdotal reports of bribery in Haitian prisons and generalized violence by gangs against travelers or outsiders. Matter of W–F–, 29 I&N Dec. 319 (BIA 2025)
EOIR Policy Memorandum (PM 25-48) on EOIR Stakeholder Engagement
EOIR Acting Director Sirce E. Owen released a policy memorandum (PM 25-48) to establish clear guidance for productive stakeholder engagement.