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 Announces Appointment of Mary Cheng as Deputy Director
EOIR announced the appointment of Mary Cheng as the agency’s deputy director. Judge Cheng has served the EOIR since 2009. Additional information on her background has been provided.
EOIR Provides Staff Directory for Immigration Courts
EOIR provided a staff directory with phone numbers for immigration court staff, including clerks. The AILA EOIR/ICE Joint Liaison Committee had requested that this information be provided.
CA5 Finds Asylum Applicant Failed to Show Honduran Government Was Unable or Unwilling to Control Her Persecutors
The court held that substantial evidence supported the BIA’s finding that the petitioner, who had been abused as a child and threatened by the MS-13 gang, did not show that the Honduran government was unable or unwilling to control her alleged persecutors. (Sanchez-Amador v. Garland, 4/11/22)
CA5 Holds That 30-Day Appeal Filing Period of 8 CFR §1003.38(b) Is Non-Jurisdictional and Subject to Equitable Tolling
The court vacated the BIA’s decision dismissing the petitioner’s appeal as untimely and remanded, holding that the 30-day appeal filing deadline imposed by 8 CFR §1003.38(b) is non-jurisdictional and thus subject to equitable tolling. (Boch-Saban v. Garland, 4/8/22)
CA6 Finds Petitioner Was Not Denied a Chance to Seek Review of Court’s Panel Opinion
Where the court had granted petitioner 14 extensions in which to file a petition for rehearing en banc, the court denied his motion to vacate the panel decision, finding that his failure to seek review of the decision was a matter of choice, not chance. (Hernandez-Serrano v. Garland, 4/7/22)
AILA Liaison Meeting with ICE (4/7/22)
The AILA EOIR/ICE Joint Liaison Committee provides minutes from its meeting with representatives of ICE’s Office of the Principal Legal Advisor (OPLA) and Enforcement and Removal Operations (ERO) on April 7, 2022.
AILA Liaison Meeting with EOIR (4/7/22)
The AILA EOIR/ICE Joint Liaison Committee provides unofficial notes from its meeting on April 7, 2022, with EOIR. These notes are not official minutes. Topics include ECAS and technology, notice of hearing changes, prosecutorial discretion, and withdrawing from administratively closed cases.
Department of the Treasury Notice on Interest Rate for Immigration Bonds
Department of the Treasury notice that for the period beginning 4/1/22 and ending 6/30/22, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.33 per centum per annum. (87 FR 20033, 4/6/22)
New ICE Guidelines for Its Attorneys Prioritize Prosecutorial Discretion
AILA welcomed the recent memo from ICE Principal Legal Advisor Kerry Doyle directing prosecutors “to use their discretion to look for opportunities to resolve cases promptly and in the interest of justice for all parties involved.” The memo will take effect April 25, 2022.
CA7 Fines Attorney Who Failed to Pay Docketing Fee or Submit in Forma Pauperis Motion on Client’s Behalf
The court dismissed the petition for review for failure to pay the docketing fee or to file a motion to proceed in forma pauperis in compliance with Fed. R. App. P. Rule 24(b), and ordered the petitioner’s attorney to pay a fine of $1,000. (Camacho-Valdez v. Garland, 4/6/22)
ICE Releases New Policies on Protections for Detained Noncitizens with Mental Disorders
ICE issued new policies for detainees with serious mental health disorders, including expanded access to counsel provisions such as ICE supporting the pre-scheduling of no-cost legal calls, access to forensic medical evaluations, and FOD/supervisory approval before a transfer is made.
Practice Alert: Ohio Judge Issues Partial Injunction of Mayorkas Memo, but Prosecutorial Discretion Remains
On 3/22/22, Judge Newman of the Southern District of Ohio issued a nationwide preliminary injunction blocking certain applications of the Mayorkas Memo. This practice alert explains the decision and its effect on clients.
CA8 Upholds Asylum Denial to Mexican Petitioner Whose Husband Disappeared While Fighting Organized Crime
The court held that the BIA did not err in determining that the Mexican petitioner, whose husband had disappeared while serving as a commander of a local auto-defense group that fought organized crime in their hometown, was not entitled to asylum. (Barrera Arreguin, et al. v. Garland, 4/4/22)
Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion (Doyle Memorandum)
On April 3, 2022, ICE issued a memorandum, Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion (Doyle Memorandum). The memo is effective April 25, 2022.
EOIR Adds ICOR Flyers to Part V of the Policy Manual
EOIR updated part V of the policy manual with ICOR flyers in English, Chinese, Haitian Creole, Portuguese, Punjabi, and Spanish.
USCIS Provides Guidance for Certain TPS Recipients with Orders of Removal or Deportation
USCIS issued guidance stating that some TPS recipients with an order of removal or deportation may be eligible to ask the ICE Office of the Principal Legal Advisor to consider joining in a Joint Motion to Reopen proceeding to terminate the removal or deportation order. More details are available.
CA9 Orders Rehearing En Banc of Diaz-Rodriguez v. Garland
The court ordered rehearing en banc and vacated its prior decision in Diaz-Rodriguez v. Garland, in which the court held that felony child endangerment in California was not a “crime of child abuse, child neglect, or child abandonment.” (Diaz-Rodriguez v. Garland, 4/1/22)
CA8 Upholds Denial of CAT Relief to Brothers Who Were Charged with Fraud in Bolivia and Had Warrants for Their Arrest
The court held that the IJ’s adverse credibility determination was supported by substantial evidence, and that petitioners had failed to show that their business partner was targeted for torture while in custody in Bolivia or that they would be as well. (Paredes Gonzales v. Garland, 4/1/22)
CA8 Says That BIA Did Not Err in Declining to Address IJ’s Adverse Credibility Finding as to Somalian Petitioner
Denying the petition for review, the court held that the BIA correctly determined that the IJ’s decision included an alternative determination that the petitioner’s claims for Convention Against Torture (CAT) relief would fail even if his testimony were believed. (Jama v. Garland, 3/30/22)
BIA Clarifies Matter of Eslamizar Regarding When a Proceeding Not Denominated as “Criminal” Can Result in a “Conviction”
BIA stated a finding of guilt in a proceeding that affords all the constitutional rights of criminal procedure that are applicable without limitation and are incorporated against the states under the 14th Amendment is a “conviction” under the INA. Matter of Wong, 28 I&N Dec. 518 (BIA 2022)
Legal Associations Call for Support of Real Courts, Rule of Law Act (H.R. 6577)
On March 29, 2022, the American Immigration Lawyers Association, the National Association of Immigration Judges, and the Federal Bar Association sent a letter to Congress urging support of the Real Courts, Rule of Law Act (H.R. 6577).
Representatives Urge DOJ to Restore Due Process to Removal Proceedings and Improve Docket Management Protocols
On March 29, 2022, Representative Pramila Jayapal (D-WA) led 40 lawmakers in calling on the DOJ to reduce the immigration court case backlog and address due process concerns, including by imposing restrictions on virtual hearings.
DHS and DOJ Interim Final Rule on Asylum Processing
DHS and DOJ interim final rule (IFR) on asylum processing. The IFR significantly changes the regulations governing the processing of asylum claims by individuals subject to expedited removal. The IFR is effective 5/31/22, and comments will be accepted until 5/31/22. (87 FR 18078, 3/29/22)
CA10 Remands Petitioner’s Asylum Claims After Finding Extensive Evidence of Widespread Violence Against Transgender Women in Honduras
The court held that the BIA erred in rejecting petitioner’s asylum claim based on a fear of future persecution, finding that any reasonable adjudicator would be compelled to find a pattern or practice of persecution against transgender women in Honduras. (Gonzalez Aguilar v. Garland, 3/29/22)
Fraihat Legal Team Provides Updated FAQ’s
The Fraihat legal team shared updated FAQs for attorneys and non-attorneys due to the case’s current posture. Notably, the original preliminary injunction authorizing release of certain individuals remains active at least through June 12, 2022.