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
BIA Concludes That IJ Erred in Finding Respondent Demonstrated Good Cause for Continuance
The BIA held that an IJ generally should not continue an individual hearing based on a respondent’s speculative assertion that they may be eligible for a new form of relief from removal not previously raised. Matter of J–A–F–S–, 29 I&N Dec. 195 (BIA 2025)
CA1 Upholds Denial of Cancellation and Withholding to Guatemalan Mother with Three U.S.-Citizen Children
The court upheld the BIA’s determination that petitioner failed to show that her U.S.-citizen children would suffer exceptional and extremely unusual hardship upon her removal for purposes of cancellation, and also upheld the denial of withholding of removal. (Lopez Cano v. Bondi, 8/28/25)
DOJ Final Rule on Designation of Temporary Immigration Judges
EOIR final rule amending the regulatory requirements for candidates for Temporary Immigration Judge appointment, broadening the candidate pool significantly. The rule is effective 8/28/25. (90 FR 41883, 8/28/25)
BIA Reverses IJ’s Grant of Release on Bond as to Respondent Convicted of Unlawful Sexual Conduct with Minor
The BIA held that the respondent’s recent convictions involving unlawful sexual conduct with a minor, combined with the probation officer’s report submitted for the purpose of sentencing, showed that the respondent was a danger to the community. Matter of Cotrufo, 29 I&N Dec. 264 (BIA 2025)
Partial stay ordered in CHIRLA v. NOEM
On August 18, 2025, the U.S. Court of Appeals for the D.C. Circuit issued a partial administrative stay of the District Court’s order while it considers the government’s motion for a stay pending appeal.
CA3 Again Denies Petitioner’s Derivative Citizenship Claim as Foreclosed by Precedent
On remand from the Supreme Court, the court concluded that it lacked jurisdiction over petitioner’s claim that the BIA erred in declining to self-certify his late-filed appeal, and found that petitioner’s citizenship claim lacked merit under binding precedent. (Abdulla v. Att’y Gen., 8/27/25)
Practice Alert: AILA and National Immigration Project Issue Guidance on CHIRLA v. Noem Order
Federal court stays DHS policies targeting previously paroled individuals for expedited removal. AILA and the National Immigration Project issue guidance for attorneys on raising the CHIRLA v. Noem order in expedited removal cases.
EOIR Policy Memo (PM 25-43) Regarding Employee Feedback
EOIR Acting Director Sirce E. Owen released a Policy Memorandum (PM 25-43) establishing EOIR policy regarding employee feedback, particularly in light of the recent announcement by the Office of Personnel Management (OPM) of the cancellation of the 2025 Federal Employee Viewpoint Survey (FEVS).
CA10 Holds That BIA Misstated Nexus Standard for Mixed-Motive Asylum Claims
The court held that the BIA’s stated nexus standard for mixed-motive asylum claims was erroneous, because persecution can be “on account of” a protected ground under INA §101(a)(42)(A), even where unprotected grounds also motivated the persecutor. (O.C.V., et al. v. Bondi, 8/26/25)
CA9 Declines to Rehear Lopez v. Bondi En Banc
The court denied a petition for panel rehearing and rehearing en banc in a case in which the court upheld the BIA’s conclusion that the petitioner’s petit larceny convictions under Reno Municipal Code §8.10.040 were crimes involving moral turpitude (CIMTs). (Lopez v. Bondi, 8/25/25)
CA4 Holds Federal Conviction under 18 USC §922(a)(1)(A) Qualifies as Aggravated Felony of Illicit Trafficking in Firearms
The court held that petitioner’s conviction under 18 USC §922(a)(1)(A) for engaging in business of dealing firearms without a license qualified as the generic aggravated felony of illicit trafficking in firearms under INA §101(a)(43)(C). (Alvarez Ronquillo v. Bondi, 8/15/25, amended 8/25/25)
EOIR Policy Memo (PM 25-42) on Adjudicator Independence and Impartiality
EOIR Acting Director Sirce E. Owen published a Policy Memo (PM 25-42) establishing updated guidance regarding the independence and impartiality of EOIR adjudicators. This memo supersedes and replaces PM 21-15.
CA7 Upholds Asylum Denial as to Honduran Petitioner Threatened by Former Leader of Land Cooperative
The court upheld the agency’s denial of asylum and withholding of removal, finding that the petitioner, who was threatened by a former leader of a Honduran land cooperative, failed to show that Honduran authorities were unable or unwilling to protect her. (Martinez-Martinez v. Bondi, 8/14/25)
EOIR Policy Memo (PM) 25-41 Establishing Updated Guidance for the Dedicated Docket
EOIR Acting Director Sirce E. Owen issued policy memo (PM) 25-41 establishing updated guidance for the Dedicated Docket. Moving forward, DHS may schedule any cases placed on its Alternatives to Detention (ATD) program onto the Dedicated Docket. This PM supersedes and replaces EOIR PM 21-23.
BIA Holds That Lack of Corroboration May Be Independent Basis to Deny Asylum or Withholding
The BIA held that a respondent’s nonresponsive and evasive testimony supports an adverse credibility determination, and that lack of corroboration may be an independent basis to find respondent has not shown eligibility for asylum or withholding. Matter of G–C–I–, 29 I&N Dec. 176 (BIA 2025)
CA2 Upholds BIA’s Denial of Continuance Where Petitioner Failed to Demonstrate Good Cause
The court held that the agency did not abuse its discretion in denying a continuance, finding that the petitioner failed to establish that his U.S.-citizen newborn child would suffer “exceptional and extremely unusual hardship” under INA §240A(b)(1)(D). (Hernandez Flores v. Bondi, 8/14/25)
CA3 Finds Mexican Petitioner’s Asylum Claim Was Unexhausted and Upholds BIA’s Denial of Cancellation
The court found that the BIA did not abuse its discretion in finding petitioner waived his challenges to the denial of asylum and related relief, upheld the BIA’s denial of cancellation of removal, and held that the BIA properly rejected his due process claim. (Sanchez v. Att’y Gen., 8/15/25)
CA5 Upholds Asylum Denial as to Venezuelan Opposition Member Shot and Threatened by Paramilitary Group
The court found that the petitioner, who feared persecution by a paramilitary group in Venezuela, failed to establish past persecution from death threats and a gunshot wound or demonstrate a well-founded, objectively reasonable fear of future persecution. (Montiel Rubio v. Bondi, 8/13/25)
CA7 Upholds Cancellation Denial as to Mexican Father of U.S.-Citizen Children with Anxiety Disorders
The court upheld the denial of cancellation of removal based on no exceptional and extremely unusual hardship, finding that the petitioner’s children’s anxiety reflected stress commonly seen in removal proceedings and that financial harm could be mitigated. (Santos Mendoza v. Bondi, 8/14/25)
CA4 Upholds Asylum Denial as to Salvadoran Petitioner Based on Lack of Nexus
The court upheld the agency’s conclusion that petitioner had not been persecuted on the basis of membership in her immediate family, and found there was a lack of nexus between the home invasion she experienced and her status as a single Salvadoran woman. (Rivas de Nolasco v. Bondi, 8/14/25)
CA3 Finds BIA’s Incorrect Ruling on New Evidence Relevant to Reopening Was Harmless Error
The court held that although the BIA legally erred in concluding that the birth of the petitioner’s daughter was not new evidence that could justify reopening because it occurred a few weeks before the BIA issued its decision, its error was harmless. (Suchite-Salguero v. Att’y Gen., 8/14/25)
Featured Issue: Immigration Enforcement Under Trump 2.0
The Administration has ramped up immigration enforcement efforts, including arresting people attending hearings at immigration courts and appointments at USCIS and ICE field offices. Far from keeping us safe, indiscriminate enforcement harms our families, communities, and our nation as a whole.
CA4 Remands for New Removal Hearing Where BIA Erroneously Rejected Petitioner’s Ineffective Assistance Claim
The court held that the BIA erred in finding that petitioner failed to show counsel was ineffective, where counsel proposed a legal theory foreclosed by controlling precedent and omitted arguments with a strong chance of success, resulting in prejudice. (Guandique-de Romero v. Bondi, 8/13/25)
BIA Reverses IJ’s Grant of Cancellation as to Respondent with Convictions for Endangering Welfare of Child
The BIA held that the respondent’s convictions for endangering the welfare of a child, combined with his conduct as described in the charging document and the victim’s statement, showed that he did not warrant a favorable exercise of discretion. Matter of McDonald, 29 I&N Dec. 249 (BIA 2025)
BIA Holds New Jersey Conviction for Possession with Intent to Sell Fentanyl Was a Controlled Substance Offense under INA
The BIA held that section 2C:35-5(b)(4) of the New Jersey Statutes Annotated was divisible by controlled substance, and that the respondent’s record of conviction identified the relevant substance as fentanyl, a federally controlled substance. Matter of Frias Ulloa, 29 I&N Dec. 259 (BIA 2025)