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
Acting Attorney General Issues New Decision in Matter of A-B-
The Acting Attorney General provided additional guidance on asylum cases involving applicants who claim persecution by non-government actors and membership in a PSG and remanded to the Board to issue a new opinion consistent with this opinion. Matter of A-B- 28 I&N Dec. 199 (A.G. 2021)
USCIS Issues Policy Guidance on Applications for Discretionary Employment Authorization Involving Certain Adjustment Applications or Deferred Action
USCIS issued policy guidance in the USCIS Policy Manual on applications for employment authorization filed by individuals with pending INA §245 adjustment applications or who have been granted deferred action, including how officers should apply discretion in the adjudication of these applications.
CA9 Reverses and Remands Habeas Petition Denial Where Petitioner Claimed His ICE Arrest Was Retaliation for Protected Speech
Where the petitioner had filed a petition for a writ of habeas corpus under 8 USC §2241 arguing that his immigration arrest and re-detention was retaliation for his protected speech, the court reversed the district court’s denial of the petition and remanded. (Bello-Reyes v. Gaynor, 1/14/21)
GAO Releases Report on ICE Detention Facility Contracts
GAO released a report on ICE detention facility contracts, finding that ICE did not follow its process for obtaining new detention space and does not have a strategic approach to using guaranteed minimum payments. GAO found that ICE has spent millions of dollars a month on unused detention space.
CA6 Says BIA Abused Its Discretion by Finding That No Exceptional Circumstances Justified Minor Petitioner’s Failure to Appear
The court held that, based on the totality of the circumstances, including petitioner’s young age and her inability to travel from New York to Memphis for the hearing, the petitioner had established exceptional circumstances justifying her failure to appear. (E. A. C. A. v. Rosen, 1/12/21)
EOIR Issues Policy Memo on Rulemakings and Federal Court Orders
EOIR issued a policy memo (PM 21-14) noting that there is no conflict between any rules issued by EOIR in 2020 and any applicable federal court order. Nevertheless, if adjudicators perceive a conflict, they should adhere to the terms of the federal court order.
Supreme Court Vacates Decision of Ninth Circuit in ICE v. Padilla
The U.S. Supreme Court granted the petition for a writ of certiorari, vacated the judgment of the Ninth Circuit, and remanded for further consideration in light of DHS v. Thuraissigiam. (ICE, et al. v. Padilla, et al., 1/11/21)
CA1 Remands Asylum and Withholding Claims of Iraqi National Who Worked for U.S. Army During War
The court vacated and remanded the BIA’s denial of the asylum and withholding of removal claims of the petitioner, who feared that he would be subjected to harm on account of his work as a paid contractor for the U.S. Army during the war in Iraq. (Al Amiri v. Rosen, 1/11/21)
CA9 Upholds Denial of Asylum to Pakistani National Who Claimed He Feared Persecution from Taliban
The court held that the IJ had provided the pro se petitioner with a full opportunity to present testimony, and found the BIA did not err in concluding that petitioner’s description of generalized violence failed to meet his burden to show targeted persecution. (Hussain v. Rosen, 1/11/21)
Organizations File Lawsuit Challenging New Rule on EOIR’s Appellate Procedures and Administrative Closure
A group of legal services organizations filed a lawsuit in federal district court in D.C. alleging that EOIR’s 12/16/20 final rule entitled “Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure” is unlawful. (CLINIC, et al. v. EOIR, et al., 1/11/21)
Minor Correction to DHS and DOJ Final Rule on Procedures for Asylum, Withholding of Removal, and CAT Protection
DHS and DOJ issued a minor correction to the final rule published at 85 FR 80274 on 12/11/20, “Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review.” (86 FR 1737, 1/11/21)
BIA Rules on Adverse Credibility Findings Based on Fraudulent Documents
The BIA found that IJs may find a document to be fraudulent without forensic analysis if it contains obvious defects or readily identifiable hallmarks of fraud, and the party submitting the document is given an opportunity to explain the defects. Matter of O-M-O-, 28 I&N Dec. 191 (BIA 2021)
EOIR Issues Policy Memo on Continuances
EOIR issued a memo (PM 21-13) updating and replacing OPPM 17-01 to account for legal and policy developments. The memo provides a non-exhaustive list of legal and policy principles as an aid to adjudicators considering common types of continuance requests. This memo was rescinded on 4/18/22.
Board of Immigration Appeals Practice Manual (1/8/21)
The Board of Immigration Appeals (BIA) provided an updated Practice Manual (last revised on January 8, 2021). This manual describes procedures, requirements, and recommendations for practice before the BIA.
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 1/1/21 and ending 3/31/21, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.09 per centum per annum. (86 FR 1130, 1/7/21)
CA6 Says It Has Jurisdiction to Review BIA’s Ultimate Hardship Conclusion for Cancellation of Removal After Guerrero-Lasprilla
The court held that the BIA’s ultimate hardship conclusion is the type of mixed question over which it has jurisdiction to review after the Supreme Court’s decision in Guerrero-Lasprilla v. Barr, but found that petitioner failed to show the requisite hardship. (Singh v. Rosen, 1/7/21)
Policy Brief: Increase in Indefinite ICE Detention Without Foreseeable Removal Dates During COVID-19 Pandemic
AILA and the Council released a policy brief on the increase in indefinite ICE detention during the pandemic. The brief outlines how ICE has failed to comply with limitations on its authority to indefinitely detain people, thus violating due process and endangering public and detainee health.
Announcements of ICE Enforcement Actions
ICE ERO Houston announced that nine individuals were arrested between November 1, 2020, and December 31, 2020, in the greater Houston area as part of a recent enforcement action targeting individuals who had unlawfully reentered the U.S. after having previously been removed.
Screaming Into the Void: 5 Reasons to Always Comment on Proposed Regulations
AILA member Sarah Pitney shares insights into why they participate in public comment campaigns and why all AILA members should do the same to benefit their clients, share their expertise, and hopefully ensure better regulations result.
CA9 to Rehear En Banc Case Involving Derivative Citizenship
The court ordered rehearing en banc and vacated its prior decision in Cheneau v. Barr, which held that the petitioner did not derive citizenship from his mother’s naturalization because his claim was foreclosed by the court’s precedent. (Cheneau v. Rosen, 1/6/21)
CA5 Finds Petitioner Failed to Show Due Diligence Where He Waited Eight Months After Lugo-Resendez to File Motion to Reopen
The court upheld the BIA’s conclusion that the petitioner did not demonstrate due diligence because he had waited approximately eight months after the court’s decision in Lugo-Resendez v. Lynch to file his current motion to reopen under INA §240(c)(7). (Ovalles v. Rosen, 1/6/21)
AILA and Mid-Minnesota Legal Aid Submit Amicus Brief on Burden of Proof in Habeas-Ordered Custody Hearings
AILA and Mid-Minnesota Legal Aid submitted an amicus brief in the U.S. District Court for the District of Minnesota arguing that the government must bear the burden of proof by clear and convincing evidence in habeas-ordered custody hearings.
AILA Submits Comments on EOIR’s Proposed Rulemaking on Electronic Case Access and Filing
AILA submitted comments on EOIR’s proposed rulemaking on electronic case access and filing, encouraging EOIR to consult with stakeholders to better understand the impact of the new filing system and to incorporate feedback to improve the system for all users.
IJ Issues Interlocutory Decision Finding That Certain Noncitizens Detained and Released by DHS Have Been Paroled
An IJ with the Miami Immigration Court issued an interlocutory decision finding that inadmissible applicants for admission who are detained by DHS and later released into the United States have been paroled, and certified his decision to the BIA for review. (Matters of D-G-, et al., 1/4/21)
CA8 Holds That DHS Was Permitted to Substitute CIMTs Charge for Immigration Fraud Charge as Basis for Petitioner’s Removal
The court held that, in seeking the petitioner’s removal, DHS could choose to rely on a claim that the petitioner had committed crimes involving moral turpitude (CIMTs), rather than on the alternative claim that she had committed immigration fraud. (Herrera Gonzalez v. Rosen, 1/4/21)