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 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)
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.
DOJ Provides Guidance to Immigration Judges on Internet-Based Video Hearings
DOJ issued a memo on internet-based hearings and sets out guidelines to apply to such hearings across the immigration courts going forward. EOIR anticipates that hearings using Webex or other, similar platforms will remain important to EOIR’s operations in the future. Memo is effective immediately.
Resources from USCIS and ICE Related to CARECEN, et al. v. Jaddou, et al.
Information from USCIS and ICE related to prosecutorial discretion related to certain TPS recipients with orders of removal or deportation who are seeking adjustment of status with USCIS.
DHS OIG Issues Report on El Paso Sector Border Patrol Struggles
DHS OIG issued a report after an unannounced inspection in October 2021 of five Border Patrol stations and two OFO ports of entry in the El Paso area to evaluate CBP’s compliance with applicable detention standards and found that 494 migrants in custody were held longer than 72 hours.
Practice Alert: Credible Fear Bond Hearings Eliminated
AILA and the Council provide an update following the vacatur of the preliminary injunction in Padilla v. ICE, eliminating bond hearings for noncitizens who were detained under INA § 235(b)(1) after they entered the United States without inspection and had passed a credible fear interview.
EOIR Announces 19 New Immigration Judges
EOIR announced the appointment of 19 immigration judges to courts in California, Florida, Georgia, Illinois, Maryland, New Jersey, Tennessee, Texas, and Virginia. Announcements include bios for new judges.
BIA Clarifies That Objection to Noncompliant NTA Is Generally Considered Timely If Raised Prior to Closing of Pleadings
The BIA ruled that the time and place requirement in INA §239(a)(1) is a claim-processing rule, and that an objection to a noncompliant Notice to Appear (NTA) will generally be considered timely if it is raised prior to the closing of pleadings. Matter of Fernandes, 28 I&N Dec. 605 (BIA 2022)
EOIR Warns of Scammers Spoofing Agency Phone Number
EOIR announced it has been notified of phone calls that spoof the Arlington Immigration Court as part of a misinformation campaign. The callers will often “spoof,” or fake, the immigration court’s main line, 703-305-1300, so the calls appear to be coming from EOIR.
CA11 Finds That BIA’s Interpretation of INA §237(a)(2)(E)(i) Was Reasonable
The court held that it was reasonable for the BIA to interpret “crime of … child neglect” as including the Florida offense of culpably negligent child neglect, and thus deferred to the BIA’s conclusion that the petitioner’s conviction rendered him removable. (Bastias v. Att’y Gen., 8/2/22)
CA8 Finds IJ and BIA Applied Correct Legal Framework in Holding That Petitioner’s Conviction Was a Particularly Serious Crime
The court held that the BIA and IJ did not err in concluding that the petitioner, who had been convicted in Illinois of dismembering a human body after the victim was already deceased, had been convicted of a particularly serious crime. (Gutierrez-Vargas v. Garland, 8/1/22)
BIA Affirms on Certification IJ’s Termination of Proceedings Based on Second Circuit Changed Law
Unpublished BIA decision finds a change in Second Circuit law, which governed the case, obviated the respondent from proving that he had actually been prosecuted, because the state statute under which he had been convicted was facially overbroad. Courtesy of Alan Lee. (Matter of —, 8/1/22)
CA7 Holds That Noncitizen’s Removal Moots Petition for Review of Decision in Withholding-Only Proceeding
The court held that the petition for review was moot because the petitioner sought only deferral of removal under the Convention Against Torture (CAT) and had already been removed, and thus that it could not grant effectual relief. (Garcia Marin v. Garland, 7/29/22)
Comments Due September 26: EOIR 60-Day Notice and Request for Comment on Proposed Revisions to Form EOIR-26
EOIR notice and request for comment on proposed revisions to Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge, to add section for unrepresented respondents to consent to their case being considered for the BIA Pro Bono Project. Comments are due 9/26/22. (87 FR 45364, 7/28/22)
BIA Finds Respondent’s Conviction Under 18 USC §922(d) Is Overbroad Relative to a Firearms Offense
The BIA vacated the IJ’s decision and terminated proceedings after applying the categorical approach and finding that 18 USC §922(d) is overbroad relative to INA §237(a)(2)(C) and indivisible relative to firearms or ammunition. Matter of Ortega-Quezada, 28 I&N Dec. 598 (BIA 2022)
CA9 Rejects Asylum Applicant’s Claim of Extraordinary Circumstances Based on His Alleged “Incapacity or Legal Disability”
The court rejected petitioner’s argument that a delay in filing his asylum application was justified by extraordinary circumstances due to his youth, language barrier, ignorance of the legal requirement to file his application within a year, and stress. (Martinez Alquijay v. Garland, 7/27/22)
Practice Pointer: Options for Responding to OPLA’s Unilateral Motions to Dismiss
AILA provides background information on the current state of prosecutorial discretion and offers options for responding to motions to dismiss filed by OPLA when your client opposes dismissing proceedings.
Featured Issue: FLRA Refuses to Throw Out Decision Decertifying Immigration Judge Union
On 12/7/21, the Biden administration reversed a Trump-era attempt to strip the immigration judges of their collective bargaining rights and once again recognized the employee union; however, on 1/21/22, the FLRA refused to throw out its controversial 2020 decision decertifying the union.
CA5 Remands Asylum Claim After Finding Purported Inconsistencies in Angolan Petitioner’s Testimony Were Not Actually Inconsistent
The court held that the IJ’s adverse credibility finding relied heavily on an unsupported conclusion that petitioner was not a credible witness, and thus that the adverse credibility finding was not supported by specific and cogent reasons derived from the record. (Ndudzi v. Garland, 7/22/22)
CA5 Upholds BIA’s Denial of Motion to Reopen and Finds That Petitioner Failed to Act Diligently in Pursuing Her Rights
The court upheld the BIA’s finding that petitioner was not entitled to equitable tolling of the statutory deadline to file a motion to reopen, because while she had shown exceptional circumstances, she had not shown that she diligently pursued her rights. (Masin-Ventura v. Garland, 7/21/22)
Flyer: Beware of ICE Imposters
In response to an uptick in people representing themselves as ICE personnel for fraudulent gain, ICE provides a flyer that warns of this type of fraud and how to detect it. The flyer is available in English and Spanish.
AILA President Jeremy McKinney Responds to SCOTUS Move Keeping ICE Priorities On Hold
In this statement, AILA President Jeremy McKinney responds to the U.S. Supreme Court 5-4 vote to maintain a nationwide injunction blocking the Biden Administration from setting prosecutorial discretion policies for ICE. The court also decided to take up the case in December.
Practice Alert: Virginia IAC Cases Can Be Appealed to Fourth Circuit
As a result of a recent federal court decision, respondents can now file a petition for review with the Fourth Circuit in any case decided by an immigration judge at an Immigration Adjudication Center (IAC) situated within the Fourth Circuit’s jurisdiction.
Practice Alert: EOIR Taking Select Cases Off Docket Pursuant to Chief Immigration Judge Memo
AILA provides a practice alert explaining Chief Immigration Judge Short’s memo that moves certain cases that “are not ripe for adjudication” off the immigration court dockets.