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
AILA Policy Brief: Recommendations on the Expansion and Implementation of Immigration Legal Representation Programs
AILA provides recommendations on the implementation of immigration legal representation programs based on the findings of the AILA Legal Representation Task Force.
CA1 Says Massachusetts Conviction for Accessory After the Fact Is an Aggravated Felony
The court held that the IJ and BIA properly concluded that petitioner’s Massachusetts conviction for accessory after the fact to the crime of murder was categorically an offense relating to obstruction of justice that rendered him removable as an aggravated felon. (Silva v. Garland, 2/28/22)
CA8 Finds It Lacks Jurisdiction to Review BIA’s Purely Discretionary Decision Not to Sua Sponte Reopen Petitioner’s Proceedings
Where the BIA had dismissed petitioner’s appeal of the IJ’s denial of her cancellation application, the court held that it lacked jurisdiction to review the BIA’s refusal to sua sponte reopen the proceedings, because it was a purely discretionary decision. (Salcido Mar v. Garland, 2/28/22)
CA6 Says Petitioner Knowingly Filed Frivolous Asylum Application Under INA §208(d)(6)
The court held that despite the U.S. Supreme Court’s recent decision in Niz-Chavez v. Garland, the petitioner remained ineligible for cancellation of removal because he had filed a frivolous asylum application within the meaning of INA §208(d)(6). (Khaytekov v. Garland, 2/25/22)
EOIR to Open Hyattsville and Laredo Immigration Courts
EOIR will open immigration courts in Hyattsville, Maryland, and Laredo, Texas, today, February 28, 2022. The Hyattsville and Laredo immigration courts will have 16 and 8 immigration judges, respectively. Both courts will hear transferred cases; EOIR is notifying parties whose locations have changed.
EOIR Suspending Operations at Houston – Smith Street Immigration Court
EOIR is suspending operations at the Houston – Smith Street court. Hearings from February 28 through March 11, 2022, will be postponed. EOIR expects hearings to resume on March 14, 2022, for noncitizens who have representation. Information on filing, remote hearings, and more is available.
Client Flyer: Protecting Your Permanent Residency
AILA provides a short flyer for you to share with your clients regarding how to protect permanent residency and what types of acts could make them removable. There are generic PDF and customizable Word versions in English, Spanish, Chinese, Arabic, and Farsi. Please share widely with your networks.
BIA Dismisses Appeal of IJ’s Denial of Adjustment of Status under INA §209(b)
BIA found that an applicant for adjustment of status under INA §209(b) must possess asylee status at the time, and thus an applicant whose asylee status has been terminated cannot adjust to lawful permanent resident status under this provision. Matter of T-C-A-, 28 I&N Dec. 472 (BIA 2022)
AILA Calls on Biden Administration to Help Ukrainian Nationals as Russia Invades
AILA calls on the Biden administration to move immediately to help Ukrainian nationals as Russia invades Ukraine, including expeditious processing and humanitarian relief such as Temporary Protected Status and a moratorium on removals.
USCIS Publishes Notice on "Arriving Alien" Cubans and Parole
USCIS will allow certain Cuban nationals to file I-290B motions for up to one year (or a new I-485) if they were denied Cuban Adjustment for lack of a parole document. This benefits a large group of "arriving alien" Cubans whom DHS released from custody with I-220A recognizance orders or ICE bonds.
CA9 Withdraws Prior Opinion and Issues Substitute Opinion in B.R. v. Garland
The court granted respondent’s petition for panel rehearing, withdrew its prior opinion, and held that the BIA erred by failing to credit or discredit petitioner’s specific evidence that the government’s evidence of alienage was tainted by violations of his rights. (B.R. v. Garland, 2/23/22)
CA1 Upholds Denial of Asylum to Guatemalan Petitioner with Mam Identity
The court held it lacked jurisdiction to review, concluding that petitioner’s factual claim masqueraded as a legal challenge because it took issue with the evidentiary basis for BIA’s finding that circumstances did not excuse his untimely asylum application. (López-Pérez v. Garland, 2/22/22)
AILA and NIJC Submit Amicus Brief on a “Notice to Appear”
AILA and The National Immigrant Justice Center submitted a brief in Matter of Fernandes supporting respondent’s objection to the NTA and failure of DHS to abide by the procedure set forth in the INA for initiating removal proceedings. Termination without prejudice should follow forthwith.
EOIR Updates Appendix F of the Policy Manual Regarding Certificate of Service
EOIR updated appendix F of the policy manual regarding information on “certificate of service” or “proof of service.”
CA1 Dismisses Challenge to Canceled FARO for Lack of Jurisdiction
The court dismissed for lack of jurisdiction the petition for review of a Final Administrative Removal Order (FARO), finding that DHS’s cancellation of the FARO was valid, and thus that there was no final removal order against the petitioner at the present time. (Xu v. Garland, 2/18/22)
ICE 60-Day Notice and Request for Comments on Proposed Revisions to Form I-333
ICE 60-day notice and request for comments on proposed revisions to Form I-333, Obligor Change of Address. Comments are due 4/18/22. (87 FR 9079, 2/17/22)
Practice Alert: Automatic Service Through ECAS
AILA alerts members the ECAS user manual was updated on 2/11/22 to reflect that separate service on DHS isn’t required in ECAS cases because ECAS now serves all parties who participate in the program. The ICE/EOIR Liaison Committee suggested this provision to EOIR during its fall 2021 engagement.
Featured Issue: E-Filing with EOIR Now Mandatory
Electronic filing (e-filing) with EOIR through the EOIR Courts & Appeals System (ECAS) became mandatory on February 11, 2022. AILA brings together resources from AILA and others to help you understand the new e-filing process.
CA2 Holds New York Petit Larceny Is a CIMT
The court held that New York petit larceny requires intent to deprive the owner of their property either permanently or under circumstances where the owner’s property rights are substantially eroded and is categorically a crime involving moral turpitude. (Ferreiras Veloz v. Garland, 2/17/22)
CA1 Remands Asylum Claim Where Petitioner Alleged Membership in PSG of “Salvadoran Female Small Business Owners”
The court remanded the Salvadoran petitioner’s asylum claim for the BIA to consider in the first instance whether she was a member of the particular social group (PSG) consisting of “Salvadoran female small business owners.” (Gomez-Abrego v. Garland, 2/16/22)
CA8 Upholds Denial of CAT Relief to Petitioner Who Claimed He Would Be Tortured If Removed to South Sudan or Uganda
The court held that BIA did not err in finding that petitioner failed to prove it was more likely than not he would be tortured by the government if returned to South Sudan or Uganda, and thus he was not entitled to Convention Against Torture (CAT) relief. (Deng Chol v. Garland, 2/16/22)
CA9 Holds That Voluntary Manslaughter Under California Law Is a CIMT
The court concluded that voluntary manslaughter under California Penal Code (CPC) §192(a) is a crime involving moral turpitude (CIMT) because it requires the defendant to cause the death of a person with intent to kill or with conscious disregard for life. (Ortiz Narez v. Garland, 2/16/22)
ICE 60-Day Notice and Request for Comments on Proposed Revisions to Form I-312/Form I-312A
ICE 60-day notice and request for comments on proposed revisions to Form I-312, Designation of Attorney in Fact, and Form I-312A, Revocation of Attorney in Fact. Comments are due 4/18/22. (87 FR 8597, 2/15/22)
Forty-One Members of Congress Call on House Leaders to Fund Legal Representation for People Facing Removal
Forty-one members of the House of Representatives, led by Representative Norma Torres (D-CA), sent a second letter to House leaders urging them to ensure DOJ funding for legal representation for individuals facing removal is included in the FY2022 appropriations bill.
TRAC Reports on the Impact of the Pandemic on Immigration Court Case Completion
TRAC released a report on the continuing impact of the pandemic on immigration case completion, finding fewer case completions, and that the average time required to dispose of each case has doubled since the pandemic began. The report includes updates on the asylum backlog, new filings, and more.