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 and Partners Submit Amicus Brief Arguing BIA Erred in Rejecting Proposed Social Group of “Salvadoran Women”
AILA and partners submitted an amicus brief in the Fourth Circuit arguing that the BIA erred when it categorically rejected the social group of Salvadoran women, and that the court should correct the Board’s error and vacate its decision.
EOIR Cancels Policy Memo 21-05 on Enhanced Case Flow Processing
In light of the issuance of Policy Memorandum 21-18, which provides an updated case flow processing model for the immigration courts, EOIR issued Policy Memorandum 21-17 rescinding and cancelling Policy Memorandum 21-05, Enhanced Case Flow Processing in Removal Proceedings.
EOIR Issues Policy Memo Revising Case Flow Processing Before the Immigration Courts
EOIR issued a policy memo (PM 21-18) implementing a revised case flow processing model for certain non-detained cases with representation in immigration courts. EOIR concurrently cancelled PM 21-05. The memo is effective April 2, 2021.
USCIS Confirms Elimination of “Blank Space” Criteria
USCIS confirmed that it will no longer reject Form I-589, Form I-612, or Form I-918 if an applicant leaves a blank space. USCIS stated that it has reverted to the form rejection criteria it applied before October 2019 regarding blank responses for all forms.
CA9 Denies Petitioner’s Motion for Attorneys’ Fees After Finding Government’s Position Was Substantially Justified
In a published order, the court denied a motion for attorneys’ fees pursuant to the Equal Access to Justice Act (EAJA), concluding that the government’s position was substantially justified and thus that the petitioner was not entitled to attorneys’ fees. (Meza-Vazquez v. Garland, 4/1/21)
CA5 Says Res Judicata Did Not Bar Government from Charging Petitioner with Removability a Second Time
The court held that res judicata did not bar the government’s second charge of removability against the petitioner, because the second removability charge was based on a different statutory provision and was unavailable when the first charge was brought. (Cruz Rodriguez v. Garland, 4/1/21)
BIA Says New York Aggravated DUI Is a CIMT
Following Matter of Lopez-Meza, the BIA ruled that the offense of aggravated unlicensed operation of a motor vehicle in the first degree in violation of §511(3)(a)(i) of the New York Vehicle and Traffic Law is categorically a CIMT. Matter of Vucetic, 28 I&N Dec. 276 (BIA 2021)
CA11 Finds That BIA Erred in Treating Petitioner’s Denaturalization as Retroactive for Removal Purposes
Granting the petition for review and remanding, the court held that the BIA erred in finding that the petitioner, a denaturalized noncitizen, was removable as an aggravated felon based on convictions entered while he was an American citizen. (Hylton v. Att’y Gen., 3/31/21)
DHS Identifies Violations of ICE Detention Standards at La Palma Correctional Center in Arizona
DHS OIG released a report identifying violations of ICE detention standards at the La Palma Correctional Center in Eloy, Arizona. Among other things, DHS OIG found that ICE did not enforce COVID-19 precautions, which may have contributed to a widespread outbreak of COVID-19 in the facility.
CA9 Concludes That Conviction for Petty Theft in California Is a CIMT
Withdrawing its opinion filed on 7/10/20, the court held that the BIA did not abuse its discretion in holding that petitioner, who had been convicted three times of petty theft under California Penal Code §484(a), was removable pursuant to INA §237(a)(2)(A)(ii). (Silva v. Garland, 3/30/21)
BIA Rules That the “Offense Clause” of the Federal Conspiracy Statute, 18 USC §371, Is Divisible
BIA ruled that the "offense clause” of the federal conspiracy statute, 18 USC §371, is divisible and the underlying substantive crime – selling counterfeit currency in violation of 18 USC §473 in this instance - is an element of the offense. Matter of Al Sabsabi, 28 I&N Dec. 269 (BIA 2021)
AILA and Partners Send Letter to DHS on Concerns Regarding the ICE Detention System
AILA and partners sent a letter to DHS on urgent, unaddressed concerns regarding the ICE detention system and requesting that ICE meaningfully consider all people in custody for release as the first step toward a longer term dismantling of the harmful ICE detention system.
CA8 Finds BIA Reasonably Concluded That Christian Petitioner Could Safely Relocate to Another Part of El Salvador
The court held that substantial evidence supported the BIA’s determination that the petitioner—a 22-year-old Christian woman who claimed she had been targeted by gangs in El Salvador—could relocate to another part of El Salvador if forced to return. (Guatemala-Pineda v. Garland, 3/26/21)
EOIR Announces New Privacy Waiver and Records Release Form
EOIR announced the release of Form EOIR-59, Certification and Release of Records, which enables current and former respondents who have or had business before EOIR to request or authorize the disclosure of their information. EOIR will continue to accept Form DOJ-361, Certification of Identity.
Practice Alert: EOIR Final Rule Making Major Changes to BIA Procedures Enjoined by District Court
On 1/15/21, the DOJ/EOIR rule, Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure, which makes dramatic changes to immigration appeals procedures, became effective. On 3/10/21, it was enjoined by a district court.
AILA and the Council Urge DHS and ICE to Create Functioning System of Discretionary Release from ICE Detention
AILA and the Council sent a letter to DHS Secretary Mayorkas and Acting ICE Director Johnson urging DHS to establish a functioning system of discretionary release from ICE custody, arguing that all detained individuals must have a meaningful opportunity to have their custody evaluated.
Policy Brief: Moving the Nation Forward by Leaving Immigration Detention Behind
AILA issued a policy brief calling on Congress and the Biden administration to move away from the nation’s harmful and grossly overused detention system. The brief provides recommendations for reducing and phasing out immigration detention, including community-based case management support.
EOIR Releases Comprehensive Policy Manual
EOIR announced that it has added a search function to its online Policy Manual, which provides access to all of EOIR's policies including the immigration court and BIA practice manuals, the OCAHO practice manual, and all current policy memos.
CA5 Upholds Denial of Motion for Reconsideration Where Petitioner Alleged Non-Delivery of Documents from the BIA
The court held that the BIA did not abuse its discretion in concluding that the petitioner had failed to rebut the presumption of delivery of the briefing schedule, transcript, and IJ’s written decision, finding that his counsel’s declarations were insufficient. (Njilefac v. Garland, 3/24/21)
CA9 Remands Asylum Claim of Salvadoran Petitioner with an Intellectual Disability
The court held that the BIA and IJ erred in misunderstanding the petitioner’s proposed social group comprised of “El Salvadoran men with intellectual disabilities who exhibit erratic behavior” for purposes of asylum and withholding relief. (Acevedo Granados v. Garland, 3/24/21)
Senate Bill: Funding Attorneys for Indigent Removal (FAIR) Proceedings Act
On 3/23/21, Senator Gillibrand (D-NY) introduced the FAIR Proceedings Act, guaranteeing access to legal counsel during removal proceedings for children, individuals with disabilities, victims of abuse, torture, and violence, and those living at or below 200 percent of the federal poverty line.
Senators Urge Attorney General Garland to Make Key Reforms to Immigration Courts
Senator Gillibrand (D-NY), along with several other senators, sent a letter to Attorney General Merrick Garland urging him to review and address the needs of the U.S. immigration courts and highlighting several key priorities. AILA worked with Senate staff to support the letter.
CA5 Says Categorical Approach Applies to Texas Conviction for Possession of Controlled Substance in Penalty Group 2-A
Where petitioner had been convicted in Texas of possessing a controlled substance listed in Penalty Group 2-A, the court held that the government had failed to show that Penalty Group 2-A was divisible, and thus that the categorical approach should apply. (Alejos-Perez v. Garland, 3/22/21)
CA8 Says There Is No “Miscarriage of Justice” Exception to Statutory Prohibition on Reopening a Reinstated Removal Order
The court held that there is no “gross miscarriage of justice” exception to the statutory prohibition on reopening a reinstated removal order, and concluded that the immigration court lacked jurisdiction to reopen the petitioner’s 1998 proceeding. (Gutierrez-Gutierrez v. Garland, 3/22/21)
CA8 Finds That Petitioner’s 2006 Federal Conviction for Illegal Reentry Under INA §276 Is Not an Aggravated Felony
The court held that because petitioner’s 2003 Missouri marijuana conviction was not a categorical match to the corresponding federal offense in INA §101(a)(43)(B), his 2006 conviction for illegal reentry was not an aggravated felony under INA §101(a)(43)(O). (Lopez-Chavez v. Garland, 3/22/21)