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
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)
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)
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)
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)
H.R. 6: American Dream and Promise Act of 2021
On 3/3/21, Representatives Roybal-Allard, Velázquez, and Clarke introduced a bill to authorize the cancellation of removal and adjustment of status of certain individuals, including Dreamers and those with TPS and DED, and for other purposes. AILA endorses this bill.
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)
EOIR 60-Day Notice and Request for Comment on Proposed Revisions to Form EOIR-29
EOIR 60-day notice and request for comment on proposed revisions to Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer. Comments are due 5/3/21. (86 FR 12497, 3/3/21)
CA9 Grants Remand and Withdraws Previously Filed Opinion in Enriquez v. Barr
Withdrawing its 8/13/20 opinion, the court granted the respondent’s unopposed motion to remand to the BIA for reconsideration of whether the petitioner’s California conviction for attempting to dissuade a witness constitutes a crime of moral turpitude. (Enriquez v. Wilkinson, 3/1/21)
CA9 Holds That Conviction for Simple Possession of Cocaine in California Was a Controlled Substance Offense
The court upheld the BIA’s finding that petitioner’s 1999 conviction for simple possession of cocaine in violation of California Health and Safety Code §11350 qualified as a “controlled substance offense” rendering him removable under INA §237(a)(2)(B)(i). (Lazo v. Wilkinson, 2/26/21)
CA3 Finds Conviction for Strangulation in Pennsylvania Is a Particularly Serious Crime
The court found that the BIA correctly determined that the petitioner’s Pennsylvania conviction for strangulation was a particularly serious crime, and concluded that the agency’s adverse credibility finding was supported by substantial evidence. (Sunuwar v. Att’y Gen., 2/25/21)
AILA and Partners Submit Amicus Brief on Proper Venue for a Petition for Review
AILA and partners submitted an amicus brief requesting the Second Circuit to deny a motion to transfer venue and to clarify that Second Circuit law applies in proceedings venued with the Circuit’s immigration courts, even where noncitizens are produced by video from detention locations elsewhere.
BIA Rules on Special Rule Cancellation of Removal
BIA ruled that an applicant for special rule cancellation of removal under INA §240A(b)(2) based on spousal abuse must demonstrate both that the abuser was their lawful spouse and was either a U.S. citizen or LPR at the time of the abuse. Matter of L-L-P-, 28 I&N Dec. 241 (BIA 2021)
CA9 Holds That Amendment to §18.5 of the CPC Cannot Be Applied Retroactively for Purposes of INA §237(a)(2)(A)(i)
The court held that an amendment to §18.5 of the California Penal Code (CPC), which retroactively reduces the maximum misdemeanor sentence to 364 days, cannot be applied retroactively for purposes of removability under INA §237(a)(2)(A)(i). (Velasquez-Rios v. Barr, 10/28/20, amended 2/24/21)
South Florida Miami IJ Burgess: ROR Is Parole
In a written decision dated February 23, 2021, Miami Immigration Judge Abraham Burgess finds that release on recognizance is parole. He certified his decision up to the BIA.
CA1 Finds BIA Applied Incorrect Standard in Determining That LCA Filed Was Not “Approvable When Filed”
The court held that determining whether a labor certification application (LCA) is approvable when filed requires a holistic inquiry, and found that the BIA had failed to keep its focus on that inquiry in the course of its evaluation of the petitioner’s LCA. (Oliveira v. Wilkinson, 2/22/21)
CA2 Says Petitioner’s Belief That Gangs Are Bad for His Town and Country Is Not a Political Opinion for Asylum Purposes
The court held that the petitioner’s negative view of gangs did not amount to a political opinion for asylum purposes, and that substantial evidence supported the BIA’s decision that he did not establish a likelihood of future torture in El Salvador. (Zelaya-Moreno v. Wilkinson, 2/26/21)
Trump’s “Midnight Rule” Ties Immigration Judges’ Hands
In this blog post, AILA members and CLINIC attorneys Vickie Neilson and Jonathan Langer describe how the Trump administration's midnight rulemaking has harmed clients, including one rule that prevents judges from reopening old removal orders.
CA9 Says Federal Conviction for Dealing in Firearms Without a License Is an Aggravated Felony
The court held that the petitioner’s conviction for importing, manufacturing, or dealing in firearms without a license was categorically an “illicit trafficking in firearms” aggravated felony under INA §101(a)(43)(C) that rendered him ineligible for asylum. (Chacon v. Wilkinson, 2/18/21)
CA9 Finds BIA Erred in Asylum Nexus Analysis as to Petitioner Who Fled Mexico Due to Drug Cartel’s Threats
Granting in part the petition for review, the court concluded that substantial evidence did not support the BIA’s determination that petitioner was not persecuted on account of her membership in her proposed social groups—her family and property owners. (Naranjo Garcia v. Wilkinson, 2/18/21)
ICE Acting Director Issues Interim Guidance on Civil Immigration Enforcement and Removal Priorities
ICE Acting Director issued a memo establishing interim guidance in support of the interim civil immigration enforcement and removal priorities issued by DHS on 1/20/21. The guidance, effective immediately, covers enforcement actions, custody decisions, execution of final orders of removal, and more.