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
CA1 Upholds CAT Denial to Petitioner Who Claimed He Would Be Subject to Torture While “Imprisoned” in Haiti as a Criminal Deportee
Upholding the denial of petitioner’s Convention Against Torture (CAT) claim, the court found that expert testimony concerning treatment in Haiti of criminal deportees did not address whether petitioner was more likely than not to be held in prolonged detention. (Bonnet v. Garland, 12/13/21)
EOIR Final Rule Implementing Mandatory E-Filing
EOIR final rule implementing mandatory electronic filing (e-filing) for cases before the immigration courts and the BIA. The rule also makes changes to the regulations regarding law student filing and accompaniment procedures. The rule is effective 2/11/22. (86 FR 70708, 12/13/21)
EOIR 30-Day Notice and Request for Comments on Proposed Revisions to Form EOIR-28
EOIR 30-day notice and request for comments on proposed revisions to Form EOIR-28, Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court. Comments are due 1/10/22. (86 FR 70533, 12/10/21)
Resources on Lawsuit Challenging DHS’s One-Year Filing Deadline for Asylum Applications
Learn more about the Mendez Rojas v. Wolf final settlement. Following the district court’s approval of the settlement agreement, USCIS has begun sending notices to potential class members on how they can benefit from the injunction and on the 4/22/22 filing deadline.
AILA and Partners Send Letter to USCIS and ICE on Access to Client Records
AILA and partners sent a letter requesting that USCIS, ICE, and EOIR revise its regulations, policies, practices, and procedures for providing access to records of proceedings (ROPs) and digital audio recordings (DARs) and Alien Files (“A-Files”) in immigration court and USCIS proceedings.
Attorney General Refers Matter of B-Z-R- for Review
The AG referred case to himself and automatically stayed the decision for review, inviting amicus on whether mental health may be considered when determining if an individual was convicted of a “particularly serious crime.” Amicus due by 1/17/22. Matter of B-Z-R-, 28 I&N Dec. 424 (A.G. 2021)
DHS Final Rule Exempting “DHS/OIDO–001 Office of the Immigration Detention Ombudsman” System of Records from Privacy Act
DHS final rule exempting portions of the newly established “DHS/OIDO–001 Office of the Immigration Detention Ombudsman” system of records from certain provisions of the Privacy Act. The rule is effective 12/9/21. (86 FR 69977, 12/9/21)
CA3 Says Failure to Include Date and Time of Hearing in NTA Did Not Require Termination of Removal Proceedings
The court held that the BIA properly denied petitioner’s motion to terminate removal proceedings even though her Notice to Appear lacked a specific date and time, and found that “Guatemalan women” was not a cognizable particular social group (PSG). (Chavez-Chilel v. Att’y Gen., 12/9/21)
Immigration Detention Ombudsman Now Accepting Complaints at Certain ICE Facilities
The Office of the Immigration Detention Ombudsman’s Office (OIDO) is now accepting complaints from people in detention who are currently held at the Stewart Detention Center in Lumpkin, GA and Florence Correction Center in Florence, Arizona.
CA5 Says Any Error in BIA’s Analysis Had No Impact on Its Ultimate Conclusion That Petitioner Was Removable
Where the petitioner had pleaded guilty to violating Section 14:81 of the Louisiana Revised Statutes, which proscribes “indecent behavior with juveniles,” the court upheld the BIA’s removal order, finding that any errors the BIA had made were harmless. (Ibrahim v. Garland, 12/6/21)
CA5 Upholds BIA’s Denial of Petitioner’s Motion to Reopen and Rescind on Basis That He Did Not Receive Actual Written or Oral Notice
The court upheld the BIA’s conclusion that substantial evidence supported the IJ’s factual findings that the petitioner’s affidavit testimony was untrustworthy and that the petitioner had provided immigration officials with a deficient address. (Spagnol-Bastos v. Garland, 12/3/21)
Practice Pointer: “Operation Horizon” and What to Do with Your Client’s Notice to Report (Form I-385)
AILA’s Asylum & Refugee Committee provides a practice pointer on the rollout of ICE’s “Operation Horizon” and how attorneys representing individuals who were never placed into removal proceedings upon release from CBP custody may be impacted.
CA10 Remands to BIA to Reconsider Asylum/Withholding/CAT Applications and to Apply the Clear-Error Standard
The court held that the BIA erred in (1) overturning the IJ’s grant of asylum, (2) rejecting the IJ’s credibility findings without applying the clear-error standard, and (3) sua sponte finding petitioner ineligible for withholding or deferral of removal. (Villegas-Castro v. Garland, 12/2/21)
CA10 Finds INA §241(a)(5) Barred BIA’s Consideration of Petitioner’s Motion to Reopen
The court affirmed the BIA’s denial of the petitioner’s motion to reopen under INA §241(a)(5), holding that the statute barred the motion’s consideration because the petitioner had illegally reentered the United States after being removed. (Tarango-Delgado v. Garland, 12/2/21)
EOIR 30-Day Notice and Request for Comments on Form EOIR-40
EOIR 30-day notice and request for comments on proposed changes to Form EOIR-40, Application for Suspension of Deportation. (86 FR 68286, 12/1/21)
AILA and Partners Submit Amicus Brief on the Applicability of INA § 240(c)(3)(B) to the Modified Categorical Approach
AILA and partners submitted a brief in response to BIA’s amicus invitation requesting to apply binding precedent limiting inquiry during the modified categorical approach to the Shepard documents and hold that INA § 240(c)(3)(B) applies to a determination of whether a conviction exists.
CA4 Holds That Petitioner’s Accessory-After-the-Fact Conviction in Virginia Was an Aggravated Felony
The court held that the petitioner’s conviction for being an accessory after the fact under Virginia law was an aggravated felony—namely one “relating to . . . the obstruction of justice”—under INA §101(a)(43)(S). (Pugin v. Garland, 11/30/21)
CA9 Remands Asylum Claim of Indian Petitioner to Consider Whether Certain Factors Sufficed to Support Credibility Determination
The court held that the bulk of the IJ’s and BIA’s adverse credibility findings in the case were infirm, and remanded to the BIA to determine whether the few remaining factors were sufficient, in light of the totality of circumstances, to support such a finding. (Kumar v. Garland, 11/30/21)
Documents Relating to Litigation over Biden Administration ICE Enforcement Priorities Memos
Find resources related to Texas v. United States, litigation concerning the Biden ICE enforcement memos. On 11/30/21, the Fifth Circuit (en banc) determined that the 9/15/21 panel opinion issuing a stay on the preliminary injunction against the memos should be vacated.
CRS Releases Legal Sidebar on Immigration Arrests in the Interior of the United States
CRS provided a report on ICE’s immigration enforcement in the interior of the United States. It explains general authority to arrest and detain, limitations to ICE’s arrest authority, worksite inspections, and recent congressional activity regarding ICE’s conduct of immigration enforcement actions.
CA2 Holds That a Pre-IIRAIRA OTSC Need Not Have Included Time-and-Place Information to Trigger Stop-Time Rule
The court held that the requirement that time-and-place information for a removal hearing be specified in a single Notice to Appear (NTA) to successfully trigger the stop-time rule does not apply to an Order to Show Cause (OTSC), a pre-IIRAIRA charging document. (Jiang v. Garland, 11/24/21)
CA9 Finds BIA Erred by Failing to Assess Individualized Risk of Persecution as to Evangelical Christians in Indonesia
Granting the petition for review, the court held that the BIA erred by failing to assess the petitioners’ individualized risk of persecution in Indonesia to establish eligibility for asylum and related relief due to their identity as evangelical Christians. (Nababan v. Garland, 11/23/21)
AILA and Partners File Complaint with DHS on Violations and Inhumane Conditions at Torrance Detention Facility
AILA and partners sent a complaint to DHS CRCL requesting an investigation of the violations of due process and inhumane conditions and lack of access to counsel at the Torrance County Detention facility in Estancia, New Mexico.
Death Detainee Reports Released by ICE
Congressional requirements described in the 2018 Department of Homeland Security Appropriations Bill require ICE to make public all reports regarding an in-custody death within 90 days. ICE has provided those reports, beginning in FY2018.
EOIR Issues Policy Memo on Administrative Closure Following Matter of Cruz-Valdez
EOIR issued guidance to address administrative closure in light of Matter of Cruz-Valdez. Where a respondent requests administrative closure, and DHS does not object, the request should generally be granted and the case administratively closed. Guidance effective as of 11/22/21.