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
CA9 Rejects Petitioner’s First Amendment and Equal Protection Challenge to INA §212(a)(6)(E)(i)
The court held that INA §212(a)(6)(E)(i), which makes noncitizens removable or ineligible for certain relief due to alien smuggling, is not facially overbroad under the First Amendment, is not unconstitutionally vague, and does not violate equal protection. (Marquez-Reyes v. Garland, 6/14/22)
ICE ERO Releases Updated COVID-19 Pandemic Response Requirements for ICE Detention Facilities
ICE ERO updated its COVID-19 Pandemic Response Requirements (PRR) to outline mandatory requirements, set forth expectations and best practices, and assist detention facility operators in sustaining detention operations during the pandemic. Last updated on 6/13/22.
CA9 Finds BIA Erred in Determining That Petitioner Did Not Suffer Past Persecution in Nicaragua
Granting the petition for review, the court held that the BIA erred in concluding that the petitioner did not suffer past persecution in Nicaragua because the record compelled a finding that his past experiences rose to the level of persecution. (Flores Molina v. Garland, 6/13/22)
Supreme Court Rules That INA §242(f)(1) Deprived District Courts of Jurisdiction to Grant Class-Wide Relief to Detained Respondents
The U.S. Supreme Court held that the ordinary meaning of the terms “enjoin” and “restrain” in INA §242(f)(1) deprived the district courts of jurisdiction to entertain the respondents’ requests for class-wide injunctive relief. (Garland, et al. v. Gonzalez, et al., 6/13/22)
Supreme Court Says Government Is Not Required to Give Detained Noncitizens Bond Hearings Where It Must Show They Are a Flight Risk
The U.S. Supreme Court held that INA §241(a)(6) does not require the government to provide noncitizens detained for six months with bond hearings in which the government bears the burden of proving that they pose a flight risk. (Johnson, et al. v. Arteaga-Martinez, 6/13/22)
CA9 Says Conviction for First-Degree Burglary of a Dwelling in Oregon Is Not a Particularly Serious Crime
The court found that the BIA had misapplied a presumption in determining that the petitioner’s conviction for first-degree burglary of a dwelling in Oregon was a particularly serious crime barring withholding of removal. (Mendoza-Garcia v. Garland, 6/10/22)
CRS Releases Updated Legal Sidebar on the Biden Administration’s Enforcement Priorities
CRS provided an updated legal sidebar on the Biden administration’s immigration directives. The report notes prior immigration enforcement policies, Biden’s immigration enforcement priorities, and current legal considerations.
AILA Submits Comments on the Immigration Court Practice Manual and the BIA Practice Manual
AILA submitted feedback and comments in response to EOIR’s notice for feedback on the Immigration Court Practice Manual and the Board of Immigration Appeals (BIA) Practice Manual and requests more time to respond and consider asking for feedback by chapter or manual in the future.
AILA and Partners File Amicus Brief with CA1 Arguing Insufficient Notice
AILA and partners filed an amicus brief with the First Circuit arguing that a notice to appear that is invalid under Pereira and Niz-Chavez cannot be the basis for an in-absentia order.
CA5 Finds BIA Did Not Err in Denying Petitioner’s Appeal Based on His Removability Under INA §237(a)(2)(A)(iii)
The court held that the petitioner’s order of restitution for $229,717.30—which reflected the amount owed within the judgment for petitioner’s federal wire fraud conspiracy conviction—provided clear and convincing evidence of the losses to the petitioner’s victims. (Fosu v. Garland, 6/7/22)
CA5 Says Petitioner’s Texas State Conviction for Injury to a Child Rendered Him Removable Under INA §237(a)(2)(E)(i)
Applying the modified categorical approach, the court held that the petitioner had been charged with, and pleaded guilty to, causing bodily injury to a child, and thus that the BIA did not err in finding him to be removable pursuant to INA §237(a)(2)(E)(i). (Monsonyem v. Garland, 6/7/22)
CA9 Holds That Petitioner’s California Forgery Conviction Was a CIMT
The court upheld the BIA’s denial of cancellation of removal, concluding that the petitioner’s conviction for forgery under California Penal Code (CPC) §472 was a crime involving moral turpitude (CIMT) that disqualified him from relief. (Vasquez-Borjas v. Garland, 6/6/22)
Civil Rights Groups Reach Settlement with Federal Government in Lawsuit Concerning Illegal Immigration Arrests
Asian Americans Advancing Justice - Asian Law Caucus and the ACLU Foundation of Northern California reached a settlement agreement with the government to stop ICE from using a third-party contractor to perform civil immigration arrests at jails and prisons. (Solano v. ICE, et al., 7/6/22)
CA11 Concludes There Was No Legal or Constitutional Error in BIA’s Decision Denying Cancellation of Removal
Dismissing the petition for review, the court rejected the petitioner’s arguments that the BIA had erred in disregarding important facts in its hardship determination and had failed to render a reasoned decision after reciting the proper legal standards. (Flores-Alonso v. Att’y Gen., 6/6/22)
Tracking Changes to the EOIR Policy Manual
Use this page to track changes to the EOIR Policy Manual. On June 3, 2022, EOIR revised chapters 7.1 and 7.4 and added chapter 7.6 to update procedures for credible fear screening and consideration of asylum, withholding of removal, and CAT protection claims by asylum officers.
EOIR Updates Part II of the Policy Manual
EOIR updated chapters 7.1 and 7.4 of the policy manual, and added chapter 7.6 to update procedures for credible fear screening and consideration of asylum, withholding of removal, and CAT protection claims by asylum officers.
EOIR Issues Guidance on Pre-hearing Conferences in Immigration Proceedings
EOIR issued a memo on pre-hearing conferences, stating that, “immigration judges should therefore actively and routinely encourage parties to engage in pre-hearing communications, both for the efficiency of the court and for the efficacy of the pro bono representation.”
CA5 Finds Asylum Applicant Failed to Show That Haitian Government Was Unable or Unwilling to Protect Him
The court held that substantial evidence supported the IJ’s and BIA’s conclusions that the Haitian government was not unable or unwilling to protect the petitioner, a voodoo priest who had experienced several violent attacks against him and his family members. (Bertrand v. Garland, 6/3/22)
CA9 to Rehear Alfred v. Garland En Banc
The court ordered rehearing en banc in Alfred v. Garland, which held that convictions in Washington for robbery in the second degree and attempted robbery in the second degree did not qualify as aggravated felony theft offenses under INA §101(a)(43)(G), (U). (Alfred v. Garland, 6/3/22)
EOIR Factsheet on Immigration Judge Training
EOIR provided a factsheet on training for immigration judges. The training plan includes six weeks of initial training for new immigration judges, and the agency provides continued education for all sitting immigration judges throughout their tenure.
CA5 Upholds IJ’s Denial of Asylum to Salvadoran Petitioner After Finding Remand Would Be Futile
The court held that, although the IJ’s analysis was cursory, it nonetheless must be upheld because remand would be futile, where under circuit precedent the IJ would be forced on remand to conclude that the petitioner’s social groups were not cognizable. (Lopez-Perez v. Garland, 6/1/22)
CRS Reports on Discretionary Waivers of Criminal Grounds of Inadmissibility Under INA § 212(h)
CRS provided a legal sidebar on discretionary waivers of criminal grounds of inadmissibility under INA § 212(h). The report provides information on statutory bars to relief, eligibility requirements for a waiver, judicial review of waiver determinations, and more.
CA8 Finds BIA Did Not Err in Finding Petitioner’s New Asylum Claim Was Not Factually Independent of Prior Asylum Claim
The court denied the petition for review and vacated the stay of removal, concluding that the BIA did not abuse its discretion in denying the petitioner’s third motion to reopen based on his failure to demonstrate prima facie eligibility for relief. (Li v. Garland, 5/27/22)
AILA and the Council Submit Comments on Credible Fear Screening and Asylum Processing IFR
AILA and the American Immigration Council submitted comments on an interim final rule, urging them to address due process and fairness issues that emphasize speed over accuracy, considered decision-making of protection claims by asylum seekers, and to withdraw a proposed expedited timeframe.
CA3 Holds That New Jersey Conviction for Endangering Welfare of Child in Third Degree Is a Crime of “Child Abuse”
The court held that the petitioner’s New Jersey conviction for endangering the welfare of a child in the third degree categorically met the BIA’s definition of “child abuse” and was sufficient to sustain the charge of removability under INA §237(a)(2)(E)(i). (Nunez v. Att’y Gen., 5/26/22)