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
CA11 Finds BIA Failed to Properly Reconsider Discretionary Denial of Asylum Under 8 CFR §1208.16(e)
The court held that when an applicant is discretionarily denied asylum but granted withholding of removal and the IJ fails to reconsider its discretionary denial of asylum, the BIA must remand for the IJ to conduct this required reconsideration. (Thamotar v. Att’y Gen., 6/17/21)
CA3 Upholds BIA’s Denial of Motion to Reopen CAT Claim Based on Changed Country Circumstances in Jamaica
The court found that the BIA did not abuse its discretion in dismissing petitioner’s motion to reopen as untimely, finding that her motion did not contain any evidence that Jamaican officials would likely acquiesce to her torture if she were returned to Jamaica. (Darby v. Att’y Gen., 6/17/21)
DOJ Issues Memo on the Impact of Attorney General Decisions in Matter of L-E-A- and Matter of A-B-
DOJ issued a memo to the Civil Division’s Office of Immigration Litigation on the impact of Attorney General Merrick Garland’s vacation of Matter of L-E-A- (L-E-A- II), Matter of A-B- (A-B- I), and Matter of A-B- II).
Justice Campaign Provides Samples, Templates, and More for Detained Removal Defense Practitioners
The Immigration Justice Campaign has created and gathered materials to support detained removal defense work. On this page you will find samples, templates, and other practice materials that may be of use in representing detained clients.
Nine Years Since DACA Was Announced – the Senate Needs to Act
AILA celebrated the ninth anniversary of the creation of the Deferred Action for Childhood Arrivals (DACA) initiative, but AILA President Allen Orr, Jr. called on Congress to enact permanent protection for Dreamers, saying it “would be a moral and economic victory for the entire country.”
OPLA Miami Scheduling, Attorney /Client Assignments (June 14 - July 2, 2021)
OPLA Miami scheduling for all non-detained from June 14 to July 2, 2021. These assignments were based upon dockets published by EOIR.
OPLA Miami Scheduling, Attorney /Client Assignments (June 14 -18, 2021)
OPLA Miami scheduling for all non-detained for the week of June 14 - 18. These assignments were based upon dockets published by EOIR.
EOIR Issues Guidance After DHS Issued Updated Enforcement Priorities and Initiatives
EOIR issued a memo that provides EOIR policies regarding the effect of DHS’s updated enforcement priorities and initiatives. Memo is effective as of 6/11/21.
ICE Provides Guidance on Submitting Prosecutorial Discretion Requests to OPLA
ICE provided guidance on submitting a prosecutorial discretion request to OPLA including a listing of relevant email addresses that can be used when submitting a request to OPLA field locations.
CA9 Reverses Denial of Deferral of Removal Where BIA Improperly Engaged in De Novo Review
The court held that the BIA erred by reviewing the IJ’s decision de novo rather than for clear error, and found that the record established that the petitioner had met her burden to show it was more likely than not she would be tortured if removed to Mexico. (Soto-Soto v. Garland, 6/11/21)
Supreme Court Holds Crime with a Mens Rea of Recklessness is Not a “Violent Felony”
The Supreme Court held that a crime with a mens rea of recklessness does not qualify as a “violent felony” under the Armed Career Criminal Act (ACCA). (Borden v. U.S., 6/10/21)
Sample Motion to Stay or Recall the Mandate at Court of Appeals
Sample motion for a petitioner’s motion to recall the mandate in light of the Supreme Court’s decision in Niz-Chavez v. Garland. (Petition for Review)
Representatives Urge Attorney General to Reverse Trump’s Attacks on Immigrants
On 6/10/21, Representative Pramila Jayapal (D-WA) led 60 lawmakers in calling on DOJ to immediately implement a set of reforms on immigration court backlogs, regulatory and policy review, EOIR personnel, legal representation, criminal prosecutions, and the ongoing pandemic.
ICYMI: ICE Provides Interim Litigation Position Regarding Motions to Reopen in Light of Niz-Chavez v. Garland
ICE provided interim guidance on motions to reopen in light of SCOTUS’s decision in Niz-Chavez v. Garland, stating that some noncitizens may now be eligible for cancellation of removal. Until 11/16/21, ICE attorneys will presumptively exercise prosecutorial discretion for these individuals.
CA6 Holds That Petitioner Failed to Show Prejudice Due to Immigration Court’s Procedural Error of Improper Change of Venue
The court found that while the Memphis Immigration Court violated procedural rules in transferring the petitioner’s hearing to the Louisville Immigration Court, that violation was a procedural question relating to venue, not jurisdiction to hear the case. (Tobias-Chaves v. Garland, 6/8/21)
CA9 Remands Case Involving Defective NTA Under Pereira in Light of Recent Supreme Court Decision
The court granted the petition for review and remanded the case to the BIA in light of the U.S. Supreme Court’s recent decision in Niz-Chavez v. Garland. (Lorenzo Lopez v. Garland, 6/8/21)
ICE Privacy Waiver Authorizing Disclosure to a Third Party (Form 60-001)
Fillable form 60-001 to authorize the DHS to disclose information and/or records about you to a third party.
BIA Issues Ruling on Changed Circumstances Exception to the One-Year Filing Bar for Asylum Applications
The BIA ruled that a mere continuation of an activity in the United States that is substantially similar to the activity from which an initial claim of past persecution is alleged cannot establish changed circumstances under INA §208(a)(2)(D). Matter of D-G-C-, 28 I&N Dec. 297 (BIA 2021)
CA2 Certifies Question of Whether New York Petit Larceny Constitutes a CIMT to State Court of Appeals
The court certified to New York State Court of Appeals the question of whether an intent to “appropriate” property requires an intent to deprive the owner of property permanently or under circumstances where their property rights are substantially eroded. (Ferreiras Veloz v. Garland, 6/7/21)
EOIR Provides Information on EOIR Fees and Fee Waivers
EOIR issued PM 21-24, concurrently rescinding and cancelling PM 21-10, Fees. EOIR encourages that filers at BIA pay any applicable fees using the EOIR Payment Portal. Availability of fee waivers is established by regulation.
EOIR 30-Day Extension of Comment Period on Proposed Revisions to Form EOIR-29
EOIR 30-day extension of a comment period on proposed revisions to Form EOIR-29, which was previously announced at 86 FR 12497 on 3/3/21. Comments are now due 7/2/21. (86 FR 29595, 6/2/21)
CA9 Holds That Departure Bar Does Not Limit an IJ’s Sua Sponte Reopening Authority
Granting the petition for review, the court held that the departure bar provision in 8 CFR §1003.23(b)(1) does not apply in the context of sua sponte reopening. (Balerio Rubalcaba v. Garland, 6/2/21)
CA8 Upholds Denial of Asylum to Honduran Petitioner After Finding Her PSG of Family Membership Was Not a Central Reason for Threats
The court held that the Honduran petitioner did not face past persecution based on her membership in a particular social group (PSG) consisting of her family; rather, the court found she was targeted because she owned land that once belonged to her father. (Padilla-Franco v. Garland, 6/2/21)
Supreme Court Rejects Ninth Circuit’s “Deemed-True-or-Credible Rule” as Irreconcilable with the INA
The U.S. Supreme Court held that the Ninth Circuit’s rule stating that, in the absence of an explicit adverse credibility determination by the IJ or BIA, a reviewing court must treat a noncitizen’s testimony as credible and true could not be reconciled with the INA. (Garland v. Dai, 6/1/21)
CA11 Finds Salvadoran Petitioner Whose Family Was Targeted by Gang Failed to Satisfy Nexus Requirement for Asylum
Denying the petition for review, the court held that the Salvadoran petitioner was ineligible for asylum, because the gang that targeted her family had done so only as a means to the end of obtaining funds, not because of any animus against her family. (Sanchez-Castro v. Att’y Gen., 6/1/21)