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
Sample Motion to Stay or Recall the Mandate at Court of Appeals
Sample motion for a petitioner’s motion to recall the mandate in light of the Supreme Court’s decision in Niz-Chavez v. Garland. (Petition for Review)
Representatives Urge Attorney General to Reverse Trump’s Attacks on Immigrants
On 6/10/21, Representative Pramila Jayapal (D-WA) led 60 lawmakers in calling on DOJ to immediately implement a set of reforms on immigration court backlogs, regulatory and policy review, EOIR personnel, legal representation, criminal prosecutions, and the ongoing pandemic.
ICYMI: ICE Provides Interim Litigation Position Regarding Motions to Reopen in Light of Niz-Chavez v. Garland
ICE provided interim guidance on motions to reopen in light of SCOTUS’s decision in Niz-Chavez v. Garland, stating that some noncitizens may now be eligible for cancellation of removal. Until 11/16/21, ICE attorneys will presumptively exercise prosecutorial discretion for these individuals.
CA6 Holds That Petitioner Failed to Show Prejudice Due to Immigration Court’s Procedural Error of Improper Change of Venue
The court found that while the Memphis Immigration Court violated procedural rules in transferring the petitioner’s hearing to the Louisville Immigration Court, that violation was a procedural question relating to venue, not jurisdiction to hear the case. (Tobias-Chaves v. Garland, 6/8/21)
CA9 Remands Case Involving Defective NTA Under Pereira in Light of Recent Supreme Court Decision
The court granted the petition for review and remanded the case to the BIA in light of the U.S. Supreme Court’s recent decision in Niz-Chavez v. Garland. (Lorenzo Lopez v. Garland, 6/8/21)
ICE Privacy Waiver Authorizing Disclosure to a Third Party (Form 60-001)
Fillable form 60-001 to authorize the DHS to disclose information and/or records about you to a third party.
BIA Issues Ruling on Changed Circumstances Exception to the One-Year Filing Bar for Asylum Applications
The BIA ruled that a mere continuation of an activity in the United States that is substantially similar to the activity from which an initial claim of past persecution is alleged cannot establish changed circumstances under INA §208(a)(2)(D). Matter of D-G-C-, 28 I&N Dec. 297 (BIA 2021)
CA2 Certifies Question of Whether New York Petit Larceny Constitutes a CIMT to State Court of Appeals
The court certified to New York State Court of Appeals the question of whether an intent to “appropriate” property requires an intent to deprive the owner of property permanently or under circumstances where their property rights are substantially eroded. (Ferreiras Veloz v. Garland, 6/7/21)
EOIR Provides Information on EOIR Fees and Fee Waivers
EOIR issued PM 21-24, concurrently rescinding and cancelling PM 21-10, Fees. EOIR encourages that filers at BIA pay any applicable fees using the EOIR Payment Portal. Availability of fee waivers is established by regulation.
CA8 Upholds Denial of Asylum to Honduran Petitioner After Finding Her PSG of Family Membership Was Not a Central Reason for Threats
The court held that the Honduran petitioner did not face past persecution based on her membership in a particular social group (PSG) consisting of her family; rather, the court found she was targeted because she owned land that once belonged to her father. (Padilla-Franco v. Garland, 6/2/21)
EOIR 30-Day Extension of Comment Period on Proposed Revisions to Form EOIR-29
EOIR 30-day extension of a comment period on proposed revisions to Form EOIR-29, which was previously announced at 86 FR 12497 on 3/3/21. Comments are now due 7/2/21. (86 FR 29595, 6/2/21)
CA9 Holds That Departure Bar Does Not Limit an IJ’s Sua Sponte Reopening Authority
Granting the petition for review, the court held that the departure bar provision in 8 CFR §1003.23(b)(1) does not apply in the context of sua sponte reopening. (Balerio Rubalcaba v. Garland, 6/2/21)
Supreme Court Rejects Ninth Circuit’s “Deemed-True-or-Credible Rule” as Irreconcilable with the INA
The U.S. Supreme Court held that the Ninth Circuit’s rule stating that, in the absence of an explicit adverse credibility determination by the IJ or BIA, a reviewing court must treat a noncitizen’s testimony as credible and true could not be reconciled with the INA. (Garland v. Dai, 6/1/21)
CA11 Finds Salvadoran Petitioner Whose Family Was Targeted by Gang Failed to Satisfy Nexus Requirement for Asylum
Denying the petition for review, the court held that the Salvadoran petitioner was ineligible for asylum, because the gang that targeted her family had done so only as a means to the end of obtaining funds, not because of any animus against her family. (Sanchez-Castro v. Att’y Gen., 6/1/21)
Office of The Principal Legal Advisor, Miami, Florida - Guidance On Requesting Prosecutorial Discretion (June 2021)
This document provides guidance on requesting Prosecutorial Discretion with the Miami Office of the Principal Legal Advisor (OPLA Miami) in accordance with the Interim Guidance to OPLA Attorneys Regarding Civil Immigration Enforcement and Removal Policies and Priorities issued on May 27, 2021.
CRS Issues Report on the Immigration Consequences of Criminal Activity
CRS issued an updated report on the immigration consequences of criminal activity, including criminal grounds for inadmissibility and deportation, CIMTs, aggravated felony, crimes affecting “good moral character,” relief from removal, impact on naturalization, issues for Congress, and more.
CA9 Says Government May Parole Returning LPR into U.S. Without Proving He or She Meets an INA §101(a)(13)(C) Exception
The court held that the government is not required to prove that a returning lawful permanent resident (LPR) meets an exception under INA §101(a)(13)(C) before it can parole the returning LPR into the United States for prosecution under INA §212(d)(5). (Vazquez Romero v. Garland, 5/28/21)
CA4 Finds That EAJA Does Not Apply to Habeas Applicants Seeking Release from Civil Detention
The court held that the Equal Access to Justice Act (EAJA) does not apply to a habeas proceeding seeking release from civil detention, and thus affirmed the district court’s order denying the petitioner attorney’s fees under the Act. (Obando-Segura v. Garland, 5/28/21)
CA8 Upholds BIA’s Conclusion That There Was “Reason to Believe” Petitioner Was Involved in Illicit Drug Trafficking
Applying the “reason to believe” standard under INA §212(a)(2)(C), the court held that substantial evidence supported the BIA’s conclusion that there was probable cause to believe that petitioner was involved in illicit drug trafficking and was thus inadmissible. (Rojas v. Garland, 5/27/21)
ICE Issues Interim Guidance Regarding Civil Immigration Enforcement and Removal Policies and Priorities
ICE issued interim guidance to all OPLA attorneys to guide them in appropriately executing interim civil immigration enforcement and removal priorities and exercising prosecutorial discretion. Note, on 8/19/21, OPLA suspended reliance on this guidance due to litigation.
AILA and Partners Submit Amicus Brief on Expansion of Demore’s Holdings
AILA and partners submitted an amicus brief in Ayom v. Garland to the Eighth Circuit, urging the court to decline the government’s invitation to expand Demore’s holding beyond the dubious facts of that case. Amici curiae ask the court to affirm the judgment of the district court.
AILA DOS Liaison Q&As (5/27/21)
Official AILA/DOS liaison Q&As from the 5/27/21 meeting. Topics include: visa bulletin questions, consular post operations and reopening, NIEs, IV processing, voluntary return, SB-1s, Waiver Review Division inquiries, the Blanket L standard of review, NVC processing and procedures, EB-5s and more.
EOIR Announces Dedicated Docket Process for More Expeditious Immigration Hearings
EOIR issued a memo establishing a dedicated docket to certain individuals in removal proceedings with a focus on the adjudication of family cases as designated by DHS.
CA4 Holds That IJs Have a Duty to Develop the Record in Immigration Court Proceedings
The court held that IJs have a legal duty to fully develop the record—a duty which becomes particularly important in pro se cases, and which extends to proceedings in which noncitizens articulate a proposed particular social group (PSG). (Arevalo Quintero v. Garland, 5/26/21)
CA9 Affirms Denial of Deferral of Removal to Jamaican Petitioner Who Claimed She Suffered Physical Abuse by Former Domestic Partner
Upholding the BIA’s denial of deferral of removal under the Convention Against Torture (CAT), the court held that the record did not compel a finding that it was more likely than not that the petitioner would suffer future torture if she returned to Jamaica. (Dawson v. Garland, 5/26/21)