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 Releases Workload and Adjudication Statistics
EOIR released workload adjudication statistics, including statistics on caseload, credible fear, reasonable fear, and asylum rates, detention time frames, in absentia orders, IJ corps, motions, representation rates, UAC, VTC hearings, hearing language, FOIA receipts, OCAHO receipts, and BIA appeals.
Attorney General Issues Memo on Access to Justice
Attorney General Garland issued a memo reinvigorating DOJ's Office for Access to Justice and announcing a process to develop a plan for expanding DOJ's role in leading access-to-justice policy initiatives, including on how DOJ and partners can address barriers to access in the immigration systems.
DHS OIG Finds ICE Did Not Consistently Provide Separated Migrant Parents the Opportunity to Bring Their Children Upon Removal
DHS OIG found that before 7/12/18, migrant parents were not consistently able to reunify with their children before removal, and that, in contradiction to claims by DHS and ICE, there was no policy or process requiring ICE officers to ascertain or honor parents’ decisions regarding their children.
CA9 Finds Nunc Pro Tunc Order Did Not Retroactively Establish Naturalized Parent’s Sole Legal Custody Under Former INA §321(a)
The court held that where it has not been proven that a custody order was entered in error, a nunc pro tunc order cannot retroactively establish a naturalized parent’s sole legal custody for purposes of derivative citizenship under former INA §321(a). (Padilla Carino v. Garland, 5/18/21)
AILA Submits Amicus Brief on “Totality of the Circumstances”
AILA submitted an amicus brief in Birhanu v. Garland arguing a totality of the circumstances approach and the Board’s prior PSC caselaw and urging the court to grant petitioner’s request for rehearing en banc.
OPLA Miami Scheduling - Attorney /Client Assignments (May 17 - June 11, 2021)
OPLA Miami scheduling for all non-detained from May 17 to June 11, 2021. These assignments were based upon dockets published by EOIR.
ICYMI: EOIR to Resume Hearings in Non-Detained Cases in Certain Immigration Courts
EOIR will resume non-detained individual and master calendar hearings in limited numbers at certain courts on 7/6/21. Those who don’t receive a notice of reset hearing by 6/22 should expect scheduled hearings to proceed in these courts. The option to file by email at these courts will end on 9/4.
EOIR Rescinds and Cancels Policy Memoranda 19-02 and 19-03
EOIR rescinded and canceled the following policy memoranda: PM 19-02, Guidelines Regarding New Regulations Governing Asylum and Protection Claims, and PM 19-03, Guidelines Regarding the Presidential Proclamation Addressing Mass Migration Through the Southern Border of the United States.
EOIR Cancels PM 19-12 on Guidelines for Adjudicating Asylum and Protection Claims
EOIR rescinded and canceled PM 19-12, Guidance Regarding New Regulations Governing Asylum and Protection Claims. Per EOIR, the revocation is consistent with existing court orders and Executive Order 14010 of February 2, 2021.
EOIR Cancels PM 20-04 on the Implementation of Asylum Cooperative Agreements
EOIR rescinded and canceled PM 20-04, Guidelines Regarding New Regulations Providing for the Implementation of Asylum Cooperative Agreements. Per EOIR, the revocation is consistent with Executive Order 14010 and the suspension and forthcoming termination of the Asylum Cooperative Agreements.
EOIR Cancels PM 21-09 Setting Policy and Procedures for Asylum, Withholding, and CAT Protection
EOIR rescinded and canceled PM 21-09, Guidance Regarding New Regulations Governing Procedures for Asylum and Withholding of Removal and Credible Fear and Reasonable Fear Reviews. Per EOIR, the revocation is consistent with existing court orders and Executive Orders 14010 and 14012.
CA9 Says Derivative Citizenship Statute Does Not Require Child to Have Established LPR Status Prior to Age 18
The en banc court held that former INA §321(a)(5) does not require that a child have been granted lawful permanent resident (LPR) status, but does require that the child have demonstrated an objective official manifestation of permanent residence. (Cheneau v. Garland, 5/13/21)
CA9 Says Exceptional Circumstances Warrant Reopening of In Absentia Removal Orders of Salvadoran Mother and Child
The court held that exceptional circumstances warranted reopening of in absentia removal orders entered against a mother and her minor child due to the mother’s failure to appear, where the mother suffered from memory problems and was illiterate. (Hernandez-Galand v. Garland, 5/12/21)
CA5 Finds Plea Agreement That Lacked Judge’s Signature Could Serve as Clear and Convincing Evidence of a Conviction
The court held that the petitioner had failed to show that the IJ or the BIA had violated a statutorily imposed evidentiary requirement in finding that the plea agreement form proved the existence of a forgery conviction by clear and convincing evidence. (Nguyen v. Garland, 5/12/21)
CA5 Says Attorney General Interpreted INA §208(b)(2)(A)(iv) in Matter of A-H- Correctly as a Matter of Law
Where the government had ordered petitioner removed after he threatened to commit an act of terrorism, the court held that the Attorney General had interpreted INA §208(b)(2)(A)(iv) correctly, and thus that the government had lawfully terminated his asylum status. (Mirza v. Garland, 5/12/21)
CBP Provides Custody and Transfer Statistics
CBP provided custody and transfer statistics from FY2021, including data on in-custody information by location, dispositions for apprehended individuals and those considered inadmissible, and transfer destinations for individuals leaving CBP custody.
CBP Data and Statistics
CBP announced its April 2021 operational update. In April 2021, CBP encountered 178,622 persons attempting entry along the southwest border; expelled 111,714 individuals under Title 42; and encountered 13,962 unaccompanied children and minors from Northern Triangle countries.
CA11 Says BIA’s Determination That Petitioner Was Ineligible for Preconclusion Voluntary Departure Was Within Its Independent Discretion
Where petitioner argued that an IJ had failed to inform him he could apply for preconclusion voluntary departure, the court found it lacked jurisdiction to consider his petition, because the BIA had ruled that preconclusion voluntary departure was not warranted. (Blanc v. Att’y Gen., 5/11/21)
ICE Provides Updated FAQs on Sensitive Locations and Courthouse Arrests Policy
Following the issuance of new guidance limiting ICE and CBP civil enforcement actions in or near courthouses, ICE updated its FAQs on sensitive locations and courthouse arrests.
CA3 Finds Sri Lankan Army’s Mistreatment of Petitioner Did Not Rise to Level of Past Persecution
The court held that petitioner’s 2007 detention and beating by the Sri Lankan army did not constitute past persecution, and that extortion attempts by the Eelam People’s Democratic Party (EPDP) of Sri Lanka were not motivated by an imputed political opinion. (Thayalan v. Att’y Gen., 5/10/21)
DHS Withdrawal of Proposed Rule on Use and Collection of Biometrics
DHS withdrawal of the proposed rule on the use and collection of biometrics in the enforcement and administration of immigration laws, which was published at 85 FR 56338 on 9/11/20. (86 FR 24750, 5/10/21)
DHS Withdrawal of Proposed Rule on Eliminating Employment Authorization for Individuals with a Final Order of Removal
DHS withdrawal of a proposed rule published at 85 FR 74196 on 11/19/20, which would have eliminated employment authorization eligibility for individuals who have final orders of removal but are temporarily released from custody on an order of supervision. (86 FR 24751, 5/10/21)
CIS Ombudsman’s Office Issues Reminder for DACA Renewals
The CIS Ombudsman’s Office issued a reminder that individuals who are eligible to renew their DACA and employment authorization may submit their renewal request between 150 days and 120 days before the expiration on their current Form I-797, Notice of Approval, and on the EAD.
Briefing Extension Request - BIA
Sample briefing extension request for the Board of Immigration Appeals (BIA).
Motion for Extension of the Briefing Deadline - BIA
Sample motion for submission to the BIA for an extension of the respondent's briefing deadline.