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
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)
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)
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)
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.
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.
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 Guatemalan Petitioner Failed to Show a Well-Founded Fear of Future Persecution Based on a Protected Ground
The court held that the petitioner had failed to show that the harm she suffered in Guatemala rose to the level of persecution or that she had a well-founded fear of future persecution on account of her anti-police corruption political opinion. (Gregorio-Osorio v. Garland, 3/4/22)
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)
Let’s Give a Hand to AILA Members Doing Amazing Pro Bono Work!
AILA's Practice and Professionalism Center works with AILA members to help them engage in pro bono activities; this Think Immigration post is an opportunity to learn and get inspired by three of our recent Pro Bono High Five videos.
CA5 Upholds Denial of Motion to Reopen Where Petitioner Alleged Conditions Had Materially Worsened in El Salvador
The court upheld the BIA’s denial of the untimely motion to reopen, rejecting the petitioner’s claims that the BIA had misapplied Singh v. Lynch and that conditions in El Salvador had materially worsened since the issuance of her removal order. (Martinez-Guevara v. Garland, 3/3/22)
CA8 Upholds Denial of Asylum to Salvadoran Petitioner Who Feared Persecution Based on Her Religious Activities and Gender
Upholding the BIA’s asylum denial, the court held that petitioner had failed to show that her fear of future persecution was objectively reasonable, because her evidence did not support her claim of a particularized fear based on her religious activities. (Rivera Menjivar v. Garland, 3/3/22)
Practice Alert: DHS Affirmatively Filing Motions to Dismiss in Limited Cases
AILA informs on a limited initiative by DHS to affirmatively identify certain cases to remove from court dockets to be finalized before USCIS. Members may be served or have already been served with a motion to dismiss certain non-detained, removal cases, with pending family-based AOS applications.
Nineteen Senators Call on Senate Leadership to Fund Legal Representation for Immigrants
On March 3, 18 senators joined Senator Gillibrand (D-NY) in calling on Senate leadership to include funding for DOJ for legal representation programs for immigrants in the FY2022 appropriations bill.
CA4 Upholds Asylum Denial to Petitioner Who Claimed She Was Persecuted on Account of Her Family Relationship to Her Sister
Denying the petition for review, the court found that substantial evidence supported the BIA’s conclusion that the petitioner’s family relationship to her sister was not a central reason for her persecution by her sister’s abusive ex-husband. (Toledo-Vasquez v. Garland, 3/2/22)
CA4 Says BIA Should Have Analyzed Petitioner’s Motion to Reopen Under 8 CFR §1003.23(b)(3)
The court held that the BIA erred by analyzing the petitioner’s motion to reopen his asylum application under the wrong standard, concluding that the motion should have been considered under 8 CFR §1003.23(b)(3), not §1003.23(b)(4). (Garcia Hernandez v. Garland, 3/2/22)
CA3 Remands Where BIA Inserted Itself into Factfinder Role in Denying Petitioner’s CAT Claim
Remanding petitioner’s Convention Against Torture (CAT) claim, the court held that the BIA erred by disagreeing with the IJ’s weighing of the evidence when it reversed the IJ’s factual determination that petitioner would likely be tortured in Guatemala. (Arreaga-Bravo v. Att’y Gen., 3/2/22)
ICE Releases SOP for Termination of Agreement at Detention Facilities
ICE provided standard operating procedures consolidating the steps ERO staff take when terminating ICE operations at a detention facility, including appropriate communication with stakeholders and representatives.