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
Further Delay of Effective Date of Final Rule on Pandemic-Related Security Bars to Asylum and Withholding of Removal
USCIS and EOIR interim final rule further delaying until 12/31/21 the effective date of the final rule “Security Bars and Processing” (85 FR 84160, 12/23/20). Public comment is also sought on whether the rule should be revised or revoked; comments are due 4/21/21. (86 FR 15069, 3/22/21)
CA1 Says BIA Did Not Err in Finding That Asylum Applicant Failed to Prove His Chinese Citizenship
The court held that the BIA and IJ properly found that the petitioner had failed to prove his Chinese citizenship on the basis of a lack of corroborating evidence, and thus found that he could not base his asylum application on a fear of returning to China. (Thile v. Garland, 3/19/21)
CBP Issues Guidance on Using Prosecutorial Discretion to Release Migrants Along the Southwest Border
CBP issued a memo on prosecutorial discretion, stating that USBP will exercise its discretionary authority to release individuals without placing them in removal proceedings when at least one of the listed “triggers” are met.
DHS OIG Finds Poor Planning Led to Extended Migrant Detention During 2019 Surge
DHS OIG found that, during the 2019 migrant surge, CBP could not transfer detainees within 72 hours due to insufficient ICE ERO bed space. Despite worsening conditions, CBP generally did not release single adults from custody and instead created ad-hoc solutions to manage the detainee population.
EOIR Rescinds Policy Memorandum on Case Processing at the BIA
EOIR issued a policy memo (PM 21-16) rescinding and cancelling PM 20-01, Case Processing at the Board of Immigration Appeals. Upon this rescission, the BIA returns to the case management system established by regulation that was effective on 9/25/02 to manage the Board’s caseload.
CA10 Holds That INA §237(a)(1)(C)(i) Does Not Require Failure to Maintain Visa Status to Be Fault of Visa Holder
Denying the petition for review, the court held that the plain meaning of INA §237(a)(1)(C)(i) does not require a failure to maintain nonimmigrant status to be the fault of the nonimmigrant or the result of some affirmative action taken by the nonimmigrant. (Awuku-Asare v. Garland, 3/16/21)
CA3 Holds That INA §237(a)(2)(B) Provides No Pardon Waiver for a Controlled Substance Offense
Denying the petition for review, the court held that INA §237(a)(2)(B), which provides for removal of a noncitizen convicted of a violation of any law or regulation of a state relating to a controlled substance, contains no pardon waiver. (Aristy-Rosa v. Att’y Gen., 3/16/21)
AILA and Partners Send Letter to AG Garland Urging Reform of America's Immigration Enforcement and Judicial Systems
On March 16, 2021, AILA and coalition partners sent a letter to Attorney General Merrick Garland requesting action on various priorities, including the reprioritization of 700,000 cases in the immigration court backlog.
CA9 Holds That Petitioner Failed to Show Changed Country Conditions in Mexico Since His 2003 Removal Order
The court held that the BIA did not abuse its discretion in denying the petitioner’s motion to reopen after determining that the petitioner had failed to present evidence demonstrating that country conditions in Mexico had changed since his 2003 removal order. (Rodriguez v. Garland, 3/15/21)
CA9 Remands CAT Claim of Honduran Petitioner Based on Evidentiary Issue Related to DOS Country Report
The court remanded petitioner’s Convention Against Torture (CAT) claim to the BIA for reconsideration in light of the fact that the IJ took judicial notice of, and relied upon, DOS’s Country Report, yet the BIA’s decision did not take it into account. (Aguilar-Osorio v. Garland, 3/15/21)
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)
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.
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)
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)