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 Finds Petitioners’ Arizona Drug-Related Convictions Were Related to a Controlled Substance Under Federal Law
The court concluded that the two Arizona criminal statutes involved in the case are both divisible, and that the two petitioners had been convicted of controlled substance offenses under federal law that properly supported their orders of removal. (Romero-Millan v. Garland, 8/29/22)
CA1 Says BIA Erred by Excluding Petitioner’s New Evidence Challenging Foundational Premise of IJ’s Adverse Credibility Finding
The court held that, in denying the petitioner's motion to remand, the BIA erred by excluding petitioner’s new evidence—namely, a psychologist’s report that explained how her post-traumatic stress disorder (PTSD) affected her ability to recount her abuse. (Rivera-Medrano v. Garland, 8/26/22)
Practice Pointer: Updated ICE Policy on Interests of Noncitizen Parents and Legal Guardians of Minor Children or Incapacitated Adults
AILA summarizes information provided at ICE’s engagement on its updated policy directive on the interests of noncitizen parents and legal guardians of minor children or incapacitated adults and provides practice tips. Special thanks to committee member Michael Sharma-Crawford for his contribution.
Client Communication in Long Removal Cases
How to stay in touch with your client when their removal case may go on for 3, 4, or 5 years!
Speaker: Christine M. Hernandez
Practice Alert: Long-Pending Joint or Unopposed Motions at the BIA
Following AILA reports of long-pending joint and unopposed motions at the BIA, EOIR confirmed that a technical glitch had caused issues identifying these cases and suggested filing a Motion to Expedite. Special thanks to the AILA EOIR Liaison Committee.
EOIR Makes Board and Immigration Court Practice Manuals Available via PDF
In response to comments from the public, EOIR made the Board and Immigration Court Practice Manuals available as downloadable PDF documents. EOIR’s Practice Manuals are “living” documents and will be revised on an ongoing basis. Public comments are also accepted at any time.
DOJ Issues Memo on the Asylum Procedures Rule
DOJ issued guidance to adjudicators on the interim final rule entitled “Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers.” Guidance is effective 8/26/22.
DOJ 60-Day Notice and Request for Comments on Proposed Revisions to EOIR-44
DOJ 60-day notice and request for comments on proposed revisions to Form EOIR-44, Immigration Practitioner Complaint Form. Comments are due 10/24/22. (87 FR 52417, 8/25/22)
EOIR 60-Day Notice and Request for Comments on Proposed Revisions to Forms EOIR-42A and EOIR-42B
EOIR 60-day notice and request for comments on proposed revisions to Form EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents, and Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents. (87 FR 52417, 8/25/22)
Biden Administration Moves to Shore Up DACA Protections but Congress Needs to Act
AILA and the American Immigration Council welcomed newly published regulations that codify the DACA program. AILA President Jeremy McKinney noted, "These regulations are essential, but laws are for lasting change," and called on Congress to "pass legislation permanently protecting all Dreamers."
CA3 Holds That Petitioner’s Conviction for Stalking in Pennsylvania Was Not a Removable Offense
Applying the categorical approach, the court held that the petitioner’s conviction under Pennsylvania’s stalking statute, 18 Pa. Stat. and Cons. Stat. §2709.1(a)(1), did not constitute a removable offense under the INA. (Vurimindi v. Att’y Gen., 8/24/22)
Litigation Timeline: Fraihat v. ICE
The court reversed a California district court’s grant of a preliminary injunction, finding plaintiffs did not provide evidence of constitutional and statutory violations on a programmatic, nationwide level to justify the extraordinary relief they requested. (Fraihat v. ICE, 10/20/21)
CA6 Finds That Exporting Stolen Vehicles in Violation of 18 USC §553 Is an Aggravated Felony Under the INA
Denying the petition for review, the court held that BIA did not err in finding that the mens rea of willful blindness encompassed in 18 USC §553(a)(1) categorically matches the mens rea requirement of a receipt of stolen property crime under INA §101(a)(43)(G). (Tantchev v. Garland, 8/19/22)
CA1 Finds BIA Erred in Concluding That Petitioner’s Two Marijuana Offenses Were Particularly Serious Crimes
The court held that the BIA failed to apply the multi-factor test for convictions that are not aggravated felonies when it found that petitioner’s two minor marijuana offenses were particularly serious crimes pursuant to INA §§208(b)(2)(A)(ii) and 241(b)(3)(B)(ii). (Dor v. Garland, 8/19/22)
CA10 Holds That a Final Order of Removal Does Not Stop the Accrual of Continuous Physical Presence
The court held that BIA erred in applying the final-order rule, which ends continuous presence when a final order of removal is issued, finding that a final removal order does not stop the accrual of continuous physical presence for cancellation purposes. (Estrada-Cardona v. Garland, 8/17/22)
Practice Pointer: New OPLA PD Guidance after the Vacatur of the Mayorkas Memo
The AILA ICE Liaison Committee provides a review of Office of the Principal Legal Advisor guidance on the exercise of prosecutorial discretion (PD) in light of the order vacating the Mayorkas memo. The committee also offers recommendations. Special thanks to ICE Liaison Committee Chair Aaron Hall.
BIA Finds Second Degree Attempted Burglary Conviction is Categorically a Conviction for Attempted Aggravated Felony Burglary
The BIA sustained DHS’s appeal and ordered respondent removed to Ukraine after finding that a conviction for second-degree burglary of a dwelling under section 140.25(2) of the New York Penal Law is categorically a conviction for generic burglary. Matter of V-A-K-, 28 I&N Dec. 630 (BIA 2022)
CA7 Finds BIA Erred in Denying Motion to Reopen Based on Changed Conditions in Ethiopia Without Full Evidentiary Hearing
The court held that BIA abused its discretion in denying petitioner’s motion to reopen based on changed country conditions in Ethiopia without a full evidentiary hearing addressing his citizenship and its materiality to his risk of torture. (Menghistab v. Garland, 6/21/22, amended 8/17/22)
CA11 Upholds Denial of Motion to Reopen Where Petitioner Moved After Receiving Initial NTA Lacking Time and Place
Where the petitioner had received an initial Notice to Appear (NTA) but had then moved and failed to inform DHS, the court held he was permissibly removed in absentia even though he never received a later NTA informing him of his hearing’s time and place. (Dragomirescu v. Att’y Gen., 8/16/22)
CA8 Says Nebraska Conviction for Negligent Child Abuse Resulting in Serious Injury Was Categorically a Crime of Child Abuse
The court held that the BIA did not err in concluding that petitioner’s Nebraska conviction for negligent child abuse resulting in serious injury was categorically a crime of child abuse, nor in finding he had been convicted of a particularly serious crime. (Al-Masaudi v. Garland, 8/15/22)
CA9 Finds Petitioner’s California Conviction for Dissuading Witness from Reporting Crime Was Not an Aggravated Felony
The court held that the petitioner’s conviction for dissuading or attempting to dissuade a witness from reporting a crime in California was not “an offense relating to obstruction of justice” under INA §101(a)(43)(S), and thus was not an aggravated felony. (Cordero-Garcia v. Garland, 8/15/22)
CA9 Holds That Cancellation of Removal Applicant Must Prove Vacated Convictions Are Not Valid for Immigration Purposes
The court held that a cancellation applicant must show that a state court conviction was vacated because of a substantive or procedural defect in the criminal proceedings, and not solely for immigration purposes or for rehabilitative or equitable reasons. (Ballinas-Lucero v. Garland, 8/15/22)
EOIR 60-Day Notice and Request for Comments on Proposed Revisions to Form EOIR-31
EOIR 60-day notice-and-comment period for proposed revisions to Form EOIR-31, which allows an organization to request, renew, and extend recognition of the organization to appear before EOIR and/or DHS. Comments are due by 10/14/22. (87 FR 50123, 8/15/22)
EOIR 60-Day Notice and Request for Comments on Proposed Revisions to Form EOIR-31A
EOIR 60-day notice-and-comment period for proposed revisions to Form EOIR-31A, which allows an organization to seek accreditation or renewal of accreditation of a non-attorney representative to appear before EOIR and/or DHS. Comments are due by 10/14/22. (87 FR 50123, 8/15/22)
DOS Issues Guidance on Pardons Issued by CT State Board of Pardons and Paroles
DOS updated its policy concerning the treatment of pardons issued by the Connecticut State Board of Pardons and Paroles.