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
CA1 Remands Asylum Claim of Cuban Petitioner Who Claimed He Was Targeted for His Anti-Castro Political Beliefs
The court vacated and remanded the BIA’s decision affirming the IJ’s adverse credibility determination, finding that alleged discrepancies between the petitioner’s interview account and his hearing account failed to support the adverse credibility finding. (Cuesta-Rojas v. Garland, 3/15/21)
TRAC Reports Rise in Border Book-Ins Even as Immigration Detention Numbers Fall
TRAC reports that at the end of President Biden’s first month in office, the number of individuals arrested and detained by ICE fell sharply compared to the month before. In contrast, the number of individuals turned over to ICE for detention from arrests by the Border Patrol and at POEs went up.
BIA Invites Amicus Briefs on Divisibility of Iowa's Theft Statute
The BIA invites amicus briefs on the question of whether Iowa’s theft statute, which is codified at Iowa Code §714.1, is divisible as to thefts by takings and thefts by fraud. The deadline to file a Request to Appear and brief is April 14, 2021; briefs must be limited to 30 double-spaced pages.
Overview of EOIR Discipline and Performance Protocols
An overview of EOIR discipline and performance protocols, including a description of the current complaint process, a discipline article of NAIJ, sample performance appraisal plan, and collective bargaining agreement.
CA6 Says BIA Did Not Abuse Its Discretion in Denying Motion to Reopen Where NTA Was Not in Petitioner’s Native Language
Where the Guatemalan petitioner’s Notice to Appear (NTA) was delivered in English, the court rejected her argument that the NTA violated her due process rights because it did not detail in her native language the consequences of failing to attend her proceeding. (Lopez v. Garland, 3/12/21)
CA8 Concludes That Petitioner’s Conviction for Second-Degree Felony Assault in Minnesota Was a Particularly Serious Crime
The court held that the BIA did not err in determining that the petitioner’s conviction for second-degree felony assault in Minnesota was a particularly serious crime barring statutory withholding of removal and Convention Against Torture (CAT) relief. (Jama v. Wilkinson, 3/11/21)
CA9 Finds Proposed Social Group of “Salvadoran Women Who Refuse to Be Girlfriends of MS Gang Members” Is Not Cognizable
The court held that substantial evidence supported the BIA’s determination that the Salvadoran petitioner had failed to establish past harm rising to the level of persecution, and concluded that her proposed social groups were not cognizable. (Villegas Sanchez v. Garland, 3/11/21)
AILA Submits Amicus Brief Arguing That a NY Conviction for Cocaine Is Not a Controlled Substance Offense
AILA submitted an amicus brief to the Second Circuit arguing that a NY conviction for cocaine is not a controlled substance offense because the definition of cocaine in NY is overbroad and indivisible and no additional showing of realistic probability is required where statutory mismatch is clear.
CA1 Finds BIA Erred in Failing to Assess Whether Conditions for Members of Democratic Party in Albania Have Deteriorated Since 2006
Where the petitioner cited two post-2006 events as evidence of changed country conditions, the court held that the BIA’s failure to assess whether those changes were sufficient was arbitrary and capricious, and reversed the BIA’s denial of his motion to reopen. (Lucaj v. Wilkinson, 3/10/21)
CBP Issues Statement on Death in Custody at Eagle Pass, Texas
CBP issued a statement regarding the death of an adult male in CBP custody in Eagle Pass, Texas, on March 10, 2021. Agents called for medical services after the individual began exhibiting signs of medical distress. He passed away shortly after.
EOIR to Open Houston – Greenspoint Park Immigration Court
EOIR announced it will expand its presence in Houston on March 15, 2021, by adding a new immigration court on Greenspoint Park Drive. Notice contains the court’s address, hours or operation, and telephone number.
District Court Preliminarily Enjoins EOIR Rule on Appellate Procedures and Decisional Finality in Immigration Proceedings
A district court granted a motion for preliminary injunction and enjoined nationwide implementation of EOIR’s 12/16/20 final rule that made drastic changes to the procedures and regulations governing immigration courts. (Centro Legal De La Raza, et al., v. EOIR, et al., 3/10/21)
CA8 Says Petitioner Seeking Cancellation Was Required Only to Show That State Offense Was Broader Than Generic Federal Offense
The court held that the categorical approach does not require a petitioner seeking cancellation of removal to show that there is a realistic probability the state prosecutes people for the conduct that makes the state offense broader than the federal offense. (Gonzalez v. Wilkinson, 3/9/21)
CA10 Finds That Matter of G-G-S- Was Not Arbitrary or Capricious and Is Entitled to Chevron Deference
The court held that Matter of G-G-S- was not arbitrary or capricious, and that BIA applied the correct legal standard in determining that petitioner’s convictions were for particularly serious crimes rendering him ineligible for withholding of removal. (Birhanu v. Wilkinson, 3/9/21)
BIA Rules Conspiracy to Commit Visa Fraud in Violation of 18 USC §§371 and 1546(a) Is a CIMT
The BIA ruled that a conviction for conspiracy to commit visa fraud in violation of 18 USC §§371 and 1546(a) is a conviction for a crime involving moral turpitude under the modified categorical approach. Matter of Nemis, 28 I&N Dec. 250 (BIA 2021)
Practice Alert: ICE Interim Guidance on Civil Immigration Enforcement and Removal Priorities
AILA provides a practice alert with a summary of the February 18, 2021, memo from ICE Acting Director Tae Johnson titled, Interim Guidance: Civil Immigration Enforcement and Removal Priorities.
February 2021: Out of Order and Out of Control - IJ Complaints, Disciplinary Procedures, Ethics, and EOIR Reform
Supplemental materials from the February 2021 FCLS Quarterly Section Call – includes case citations and other relevant documents.
ICE Announces Creation of ICE Case Review Process
ICE announced the creation of the ICE Case Review process for individuals who believe their case does not align with ICE's enforcement, detention, and removal priorities. For more information, check out the ICE website.
AILA Tracks EOIR’s Historical Operational Status During Coronavirus Pandemic
This page tracks historical updates related to EOIR’s operational status during the coronavirus pandemic. Please note that this page is not updated in real time.
EOIR 60-Day Notice and Request for Comments on Proposed Revisions to Form EOIR-26A
EOIR 60-day notice and request for comments on proposed revisions to Form EOIR-26A, Fee Waiver Request. Comments are due 5/3/21. (86 FR 12713, 3/4/21)
CA4 Finds BIA Improperly Discounted Honduran Petitioner’s Corroborating Evidence in Support of Asylum Claim
Where petitioner asserted that she and her husband had been subjected to death threats by a gang in Honduras, the court held that the BIA had improperly discounted her corroborating evidence, including affidavits, burial permits, and other documentation. (Arita-Deras v. Wilkinson, 3/4/21)
CA8 Finds Petitioner Had No Constitutionally Protected Interest in Receiving Second Try at Cancellation of Removal Proceeding
The court upheld the BIA’s decision denying petitioner’s motion to reopen, finding she did not have a constitutionally protected interest in receiving a second try at a cancellation of removal proceeding because a grant of relief would be discretionary. (Baker White v. Wilkinson, 3/4/21)
Supreme Court Affirmed CA8 Decision on Cancellation and Inconclusive Criminal Records
The Supreme Court affirmed the Eighth Circuit decision, and found that under the INA, certain nonpermanent individuals seeking to cancel a lawful removal order must prove that they have not been convicted of a disqualifying crime. (Pereida v. Wilkinson, 3/4/21)
CA9 Says BIA Erred in Finding Somalian Petitioner Did Not Qualify for Exception to Firm Resettlement Bar
The court held that the BIA erred in finding that the petitioner did not qualify for an exception to the firm resettlement bar, and that the evidence compelled the conclusion that he had suffered past persecution in Somalia on account of a protected ground. (Aden v. Wilkinson, 3/4/21)
AILA Submits Amicus Brief on Administrative Closures in Removal Proceedings
AILA submitted an amicus brief in the Sixth Circuit urging the court to hold that an IJ retains the regulatory authority to grant brief, finite periods of administrative closure so an eligible respondent may seek a provisional waiver of inadmissibility. (Garcia-Deleon v. Wilkinson, 3/3/21)