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
CA8 Upholds Denial of Asylum to Salvadoran Woman Who Feared Persecution by MS-13 Gang Members
The court held that the BIA did not err by concluding that the petitioner’s proposed social group—membership in her family—was not cognizable, finding that the petitioner’s financial resources was the central reason for her persecution by members of the MS-13 gang. (Fuentes v. Barr, 8/12/20)
CA7 Finds No Abuse of Discretion in BIA’s Denial of Guatemalan Single Mother’s Motions to Reopen and Reconsider
The court held that the BIA did not abuse its discretion in denying petitioner’s motions to reopen and reconsider, finding that she had rehashed the same arguments already considered, and that additional information submitted offered no new material evidence. (Lopez-Garcia v. Barr, 8/11/20)
CA9 Denies Qualified Immunity to Montana Judge and Sheriff’s Deputy over Undocumented Immigrant’s Courthouse Arrest
In an action alleging that an undocumented immigrant’s Fourth Amendment rights were violated when he was arrested in a Montana courthouse, the court affirmed the denial of qualified immunity to the defendants, a local judge and sheriff’s deputy. (Reynaga Hernandez v. Skinner, et al., 8/10/20)
AILA and Partners Submit Amicus Brief on the Reinterpretation of the INA in Matter of Thomas and Matter of Thompson
AILA and partners submitted an amicus brief in the Seventh Circuit requesting the court to reject the Attorney General’s reinterpretation of the INA in Matter of Thomas and Matter of Thompson, which violates congressional intent to give full legal effect to state court modification orders.
CA9 Reaffirms That BIA Must Analyze Cognizability of Particular Social Groups on a Case-by-Case Basis
The court held that the BIA had misapplied Matter of A-B-, as well as past precedent, in concluding that the petitioner’s proposed social group comprised of “indigenous women in Guatemala who are unable to leave their relationship” was not cognizable. (Diaz-Reynoso v. Barr, 8/7/20)
CA9 Remands Asylum Claim of Nicaraguan Petitioner Who Suffered Frequent and Severe Abuse by Domestic Partner
Granting the petition for review, the court held that substantial evidence did not support the BIA’s conclusion that petitioner had failed to establish the Nicaraguan government was unable or unwilling to protect her from persecution by her domestic partner. (Davila v. Barr, 8/7/20)
CA6 Holds It Lacks Jurisdiction to Review Motion to Reopen Based on Exceptional Circumstances
The court dismissed the petition for review for lack of jurisdiction, finding that the petitioner—who alleged that confusion about his hearing date constituted an exceptional situation—had failed to administratively exhaust the claims he raised in his petition. (Cuevas-Nuno v. Barr, 8/7/20)
EOIR Announces Three New Appellate Immigration Judges
EOIR announced the appointment of Michael P. Baird, Sunita B. Mahtabfar, and Sirce E. Owen as appellate immigration judges in EOIR's Board of Immigration Appeals. Notice includes the judges' biographical information.
EOIR To Resume Hearings in Non-Detained Cases at the Omaha Immigration Court
EOIR announced it will resume non-detained individual (merits) hearings and master calendar dockets involving relatively small numbers of respondents at the Omaha Immigration Court on August 10, 2020. The option to file by email at this court will end on October 10, 2020.
EOIR to Relocate the Seattle Immigration Court
EOIR announced that the Seattle Immigration Court will close on 8/13/20 to prepare for relocation. Detained hearings are expected to resume at the new location on 8/17/20; non-detained hearings remain postponed. Notice includes the court's new location, hours of operation, and contact information.
CA9 Says “Obstruction of Justice” Under INA §101(a)(43)(S) Unambiguously Requires a Nexus to Ongoing or Pending Proceedings
Granting the petition for review, the court held that INA §101(a)(43)(S), which describes an aggravated felony offense relating to obstruction of justice, unambiguously requires a nexus to an ongoing or pending proceeding or investigation. (Valenzuela Gallardo v. Barr, 8/6/20)
NAIJ Files Lawsuit Challenging Unconstitutional Prior Restraint on the Speech of Immigration Judges
On 7/1/20, the Knight Institute filed a complaint on behalf of NAIJ challenging EOIR policies that impose a prior restraint on the speech of immigration judges. On 8/6/20, the court held that it lacked jurisdiction over NAIJ's claims and accordingly denied the motion for a preliminary injunction.
Sometimes You Just Have to Take ‘Em to Court
AILA First Vice President Jeremy McKinney describes his first foray into litigation, and what tools and resources can help AILA members litigate and win cases, writing that litigation “can benefit your clients, it can benefit the immigration bar, and ultimately, it can benefit everyone.“
CA1 Finds 98-Day Absence from United States Was Not “Brief, Casual, and Innocent” for Purposes of TPS
The court held that the BIA did not abuse its discretion in finding that the rescission of the petitioner’s removal order was incorrect, and that his 98-day absence from the United States barred him from Temporary Protected Status (TPS) relief. (Machado Sigaran v. Barr, 8/5/20)
BIA Issues Decision on Requirement to Notify Immigration Court of Correct Address
BIA ruled that reopening of proceedings to rescind removal based on improper notice is not warranted for an individual who was personally served with an NTA advising of requirement to notify the court of correct address and failed to do so. Matter of Nivelo Cardenas, 28 I&N Dec. 68 (BIA 2020)
How To: Take Cases to Immigration Court
AILA Immigration Courts Conference Chair Michael Vastine shares insights on how AILA members can prepare themselves for immigration court, offering insights into the need to be “uniformly prepared, comprehensively trained, and conditioned to assertively and persuasively defend.“
FOIA Request Seeks Information on Immigration Court Operations During COVID-19 Pandemic
AILA, the American Immigration Council, and the NIPNLG filed a FOIA request to obtain documents related to EOIR’s response to the COVID-19 pandemic. The FOIA request seeks expedited processing for information that is integral to understanding immigration court operations during the health crisis.
New FOIA Request Filed to Force Agency to Release Immigration Court Operations Information on COVID-19 Pandemic
AILA, the Council, and NIPNLG filed a FOIA request to obtain documents related to EOIR’s response to COVID-19, noting that EOIR has repeatedly ignored requests for information and seeking expedited release of documents that are integral to understanding EOIR’s operations during the pandemic.
CA5 Says Petitioner’s Texas Conviction for Sexual Assault of a Child Was a “Crime of Child Abuse”
The court held that the petitioner’s conviction for sexual assault of a child under Texas Penal Code section 22.011(a)(2) was a categorical match to a “crime of child abuse” as defined by the BIA, rendering him removable under INA §237(a)(2)(E)(i). (Garcia v. Barr, 8/4/20)
CA10 Finds It Lacks Jurisdiction to Review BIA’s Discretionary Cancellation-of-Removal Hardship Decision
The court held that, under INA §242(a)(2)(B), it lacked jurisdiction over the petitioner’s claim that the BIA had misapplied its precedent in weighing the level of hardship that the petitioner’s U.S. citizen spouse would face upon his removal. (Galeano-Romero v. Barr, 8/4/20)
CA8 Finds Petitioner Failed to Show He Would Likely Be Tortured in South Sudan Based on His Membership in an Ethnic Minority
The court held that the BIA had correctly found that petitioner, who was a member of an ethnic minority, must show more than a pattern of general ethnic violence in South Sudan to meet the likelihood of torture requirement under the Convention Against Torture (CAT). (Lasu v. Barr, 7/31/20)
CA8 Upholds Deferral of Removal Denial to Iraqi Petitioner with a Criminal Record
Upholding the BIA’s denial of deferral of removal, the court found that the Iraqi petitioner’s argument that he would likely be tortured upon return to Iraq because of his criminal convictions was based on a chain of assumptions and speculation. (Alzawed v. Barr, 7/31/20)
CA10 Finds Petitioner’s Colorado Drug Conviction Did Not Qualify as a Predicate for Removal
The court held that the Colorado statute under which the petitioner was convicted for possessing hydrocodone was broader than its federal counterpart, the Controlled Substances Act (CSA), and that no categorical match existed between the state statute and the CSA. (Johnson v. Barr, 7/31/20)
CA5 Upholds Denial of Asylum to Albanian Citizen Who Received Death Threats from Members of Socialist Party
The court upheld the denial of asylum to the Albanian petitioner, who had been threatened and attacked by members of his country’s Socialist Party, finding no error in the BIA’s conclusion that the petitioner’s injuries did not amount to past persecution. (Gjetani v. Barr, 7/31/20)
The Council and NILA Submit Supplemental Letter Brief on Fifth Circuit’s Jurisdiction to Hear Challenge to Denial of Adjustment of Status
The Council and the National Immigration Litigation Alliance (NILA) submitted a supplemental brief in Solorzano v. Nielson urging the fifth circuit to find that it has jurisdiction over a challenge to a denial of adjustment of status where applicant cannot be placed in removal proceedings.