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
EOIR Updates Appendix O of the Policy Manual with Adjournment Code 22
EOIR updated appendix O of the policy manual with adjournment code 22. The reason is “Respondent or representative rejected earliest possible hearing date,” and the definition is “Hearing adjourned due to respondent or representative rejecting earliest possible hearing date.”
ACLU-NM and Immigrant Rights Groups Call for the Immediate Release of People Detained in Torrance County Detention Facility, and for the Termination o
AILA joined partners in calling for the immediate release, not transfer, of people detained by ICE at the Torrance County Detention Facility following deeply disturbing findings announced by a federal watchdog agency.
CA8 Affirms BIA’s “Cursory” Decision Denying Cancellation Based on Good Moral Character
The court affirmed the BIA’s determination that the petitioner had failed to meet the good moral character requirement for cancellation of removal, finding that although the BIA’s decision was superficial and mechanical, there was no error warranting remand. (Hernandez v. Garland, 3/18/22)
CA11 Vacates BIA’s Ruling That Petitioner’s Florida Conviction for Burglary of an Unoccupied Dwelling Was a CIMT
The court vacated BIA’s ruling that a conviction for burglary of an unoccupied dwelling under Fla. Stat. §810.02(3)(b) was categorically a crime involving moral turpitude (CIMT), and remanded for BIA to discuss the impact of relevant Florida burglary cases. (Lauture v. Att’y Gen., 3/17/22)
CA11 Holds That Petitioner’s Violation of Florida Statute Did Not Relate to Controlled Substance
The court held that the BIA and IJ erred in finding that the petitioner was ineligible for cancellation of removal, because his violation of Fla. Stat. §893.13(6)(a) did not relate to a controlled substance as defined in 21 USC §802. (Said v. Att’y Gen., 3/24/22)
TRAC Reports One-Third of New Immigration Court Cases are Children
TRAC released a report stating that almost one-third of all new cases in immigration court are juveniles, and that one in eight are 0-4 years of age. The report explains that reliable tracking systems for children are not in place, verifies what EOIR currently records regarding children, and more.
Alternatives to Detention: An Overview
This American Immigration Council fact sheet provides an overview of the range of programs that provide alternatives to detention (ATDs) and run the gamut from no governmental intervention to extensive surveillance and restrictions on liberties that are focused on limiting the movement of people.
ICE Issues Guidance on Protections for Noncitizen Victims of Crime
ICE issued directive 10036.2, which states that ICE personnel are generally prohibited from using or disclosing information protected by Section 1367 to anyone other than DHS or DOJ employees. This includes information on applicants for T & U visas, continued presence, or VAWA based benefits.
DHS OIG Recommends Immediate Removal of All Detainees from the Torrance County Detention Facility
DHS OIG recommended that all detainees at the Torrance County Detention Facility be relocated unless and until the facility ensures adequate staffing and appropriate living conditions. DHS OIG found critical health and safety risks to the detainees in their unannounced inspection of the facility.
BIA Invites Amicus Briefs on Vacatur of a Criminal Conviction
The BIA invites interested members of the public to file amicus briefs discussing what factors the BIA should weigh when considering an untimely motion to reopen that is premised on a vacatur of a criminal conviction. Briefs are due by April 6, 2022.
CA2 Says Conviction for Using a False Document in Connection with Application for U.S. Passport Is a CIMT
The court held that the petitioner’s conviction for using a false document in connection with his application for a U.S. passport in violation of 18 USC §1001(a) was a crime involving moral turpitude (CIMT) that rendered him ineligible for cancellation of removal. (Cupete v. Garland, 3/16/22)
CA3 Upholds Denial of Asylum to MS-13 Gang Member from El Salvador
The court held that substantial evidence supported BIA’s affirmance of IJ’s denial of asylum based on the finding that petitioner’s testimony was not credible, and that petitioner’s due process rights were not violated during his removal proceedings. (Hernandez Garmendia v. Garland, 3/16/22)
OIDO Provides Inspection Report on Limestone County Detention Center
OIDO conducted an unannounced inspection of Limestone County Detention Center, finding the facility did “fall short” of 2000 National Detention Standards. OIDO made recommendations for ICE to move LCDC to a “specific version” of detention standards and ICE concurred.
CA5 Finds That Petitioner Was Not Entitled to Reopening and Termination of His Removal Order Based on Pereira v. Sessions
The court held that its precedent foreclosed petitioner’s challenge to the BIA’s denial of his first motion to reopen, where the petitioner claimed that his Notice to Appear (NTA) was defective because it did not include the time or date of his removal hearing. (Garcia v. Garland, 3/14/22)
BIA Remands Case to IJ to Determine Whether Respondent Filed Frivolous Asylum Application
BIA held that when DHS raises mandatory bar for filing frivolous asylum application, IJ must make sufficient findings of fact and conclusions of law on whether requirements for frivolousness determination under Matter of Y-L- have been met. Matter of M-M-A- 28 I&N Dec. 494 (BIA 2022)
EOIR Updates Appendix O of the Policy Manual with Adjournment Code 74
EOIR updated appendix O of the policy manual with adjournment code 74. The reason is “Public Health,” and the definition is “Adjourned for public health reasons.”
ICE Releases Annual Report for FY2021
ICE released its annual report for FY2021. The report includes information on Enforcement and Removal Operations, detention and alternatives to detention, Title 42 expulsions, Homeland Security Investigations, and more.
CA5 Holds That Petitioner’s Tennessee Conviction for Attempting to Launder Drug Money Was an Aggravated Felony
The court upheld the BIA’s determination that the petitioner, who had pleaded guilty to attempting to launder money in violation of Tennessee Code Sections 39-12-101 and 39-14-903, was removable pursuant to INA §101(a)(43)(U). (Fakhuri v. Garland, 3/11/22)
CA8 Says BIA Did Not Err in Finding That There Was Substantial and Probative Evidence of Marriage Fraud
The court upheld the BIA’s dismissal of the petitioner’s appeal of USCIS’s denial of her I-130 petition filed on behalf of her husband, finding that the BIA did not err in determining that there was substantial and probative evidence of marriage fraud. (Iyawe v. Garland, et al., 3/11/22)
AILA and Partners Submit Amicus Brief on Protection for Transgender Women
AILA and partners submitted a brief in Matter of Alor Reyes arguing the narrow reading of the nexus requirement ignores realities for transgender women in Mexico, the Mexican government is unwilling and unable to protect transgender women, and the BIA should reverse the IJ’s decision.
Over 100 House Democrats Send Letter to DHS to Halt Immigration Detention
AILA endorsed and worked to garner support from over 100 House Democrats for a letter to DHS urging the agency to halt the expansion of immigrant detention, phase out private for-profit facilities, and conduct a review of all ICE detention facilities.
CRS Provides Updated Report on Legal Issues with DHS “Metering” Policy
CRS provided an updated legal sidebar on “metering,” which limited the amount of asylum seekers processed daily on the southwest border. The report focuses on Al Otro Lado v. Mayorkas conflicting with Title 42, but accounts for the recission of the metering policy in November 2021.
CA9 Remands for BIA to Consider Whether California Conviction for Rape of an Unconscious Person Is an Aggravated Felony
The court remanded for the BIA to consider whether the petitioner’s conviction for felony rape of an unconscious person in violation of California Penal Code (CPC) §261(a)(4) was an aggravated felony barring cancellation of removal. (Valdez Amador v. Garland, 3/9/22)
EOIR Updates Procedure for Requesting ROPs in the Policy Manual
EOIR updated procedures for parties to request ROPs in Parts I, II, and III of the policy manual.
CA5 Finds BIA’s Denial of Cancellation of Removal to Guatemalan Petitioner Was Supported by Substantial Evidence
Upholding the BIA’s and IJ’s denial of cancellation of removal, the court held that the petitioner had failed to establish that his family would suffer hardship above and beyond that regularly faced by families who are separated by one member’s removal. (Raymundo Morales v. Garland, 3/4/22)