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
BIA Holds That Political Opinion Must Be Tied to Government and That Opposition to Gangs Is Insufficient
The BIA held that to establish a political opinion under the INA, a noncitizen must have an actual or imputed belief or conviction regarding a discrete cause tied to a government, and that opposition to criminal gangs is insufficient. Matter of D–G–E–A– & N–G–G–E–, 29 I&N Dec. 570 (BIA 2026)
AILA and NIJC Argue Immigration Judges Must Develop the Record
AILA and the National Immigrant Justice Center (NIJC) filed an amici brief outlining immigration judges’ affirmative duty to develop the record in removal proceedings and how this duty applies to pro se respondents and cases where counsel’s performance falls below minimum professional standards.
CA4 Holds That North Carolina PJC with Community Service Constituted Conviction under INA §101(a)(48)(A)
The court held that the petitioner’s North Carolina Prayer for Judgment Continued (PJC) conditioned on community service constituted a conviction under INA §101(a)(48)(A) rendering him ineligible for cancellation of removal based on two CIMT convictions. (Gardner v. Blanche, 4/14/26)
CA7 Finds That Petitioner Failed to Show Exceptional and Extremely Unusual Hardship and That BIA Did Not Abuse Discretion in Denying Reopening
The court held that the petitioner failed to establish exceptional and extremely unusual hardship for cancellation of removal under INA §240A(b)(1) and found that the BIA did not abuse its discretion in denying his motion to reopen his removal proceedings. (Petrov v. Blanche, 4/14/26)
BIA Holds IJs Must Conduct In Absentia Hearing Where Record Contains Evidence of Alienage Despite DHS Nonappearance
The BIA held that where respondent is charged as present without admission or parole, neither party appears, and the record contains evidence of alienage, the IJ errs in terminating proceedings instead of conducting an in absentia hearing. Matter of Bolivar-Bolivar, 29 I&N Dec. 548 (BIA 2026)
EOIR to Stop Hearings at San Francisco Immigration Court’s Montgomery Street Location
EOIR announced it will stop holding hearings at the San Francisco Immigration Court’s Montgomery Street location after 5/1/26. Some cases will be reassigned to the court’s Sansome Street location, and filings for such cases should be filed at the Sansome Street location beginning 5/4/26.
AILA Files Amicus Brief in CA9 Defending Right to Counsel in Reasonable Fear Proceedings
AILA argued that meaningful access to counsel is essential in reasonable fear proceedings. Despite requesting counsel, the detained petitioner was forced to proceed pro se at the RF interview and IJ review, undermining statutory and due process protections. (Amador-Canacas v. Bondi, 4/9/26)
BIA Holds That Secretary of State Letter Was Sufficient to Establish Removability for Adverse Foreign Policy Consequences
The BIA held that a Secretary of State letter was sufficient to establish removability under INA §237(a)(4)(C)(i), and that failure to disclose involvement with an organization on a Form I-485 was a material misrepresentation supporting removability. Matter of M–K–, 29 I&N Dec. 556 (BIA 2026)
AILA and Public Counsel Urge Right to Counsel in Reasonable Fear Interview
The petitioner was forced to proceed in reasonable fear interview and immigration judge review without counsel, despite asking to contact his attorney. AILA and Public Counsel stress the critical role of counsel and the high stakes for pro se detainees. (Amador Canacas v. Bondi, 4/9/26)
AILA and the Council File Public Comment in Opposition to New BIA Interim Final Rule
AILA and the American Immigration Council urge DOJ/EOIR to withdraw the BIA Appellate Procedures IFR, arguing it unlawfully cuts appeal time to 10 days, makes summary dismissal the default without a complete record, burdens counsel, and shifts errors and caseloads to federal courts.
EOIR Announces 15 Immigration Judges and 17 Temporary Immigration Judges
EOIR announced the investiture of 15 immigration judges and 17 temporary immigration judges in California, Colorado, Connecticut, Florida, Georgia, Maryland, Michigan, Missouri, Minnesota, New Jersey, New York, North Carolina, Ohio, Oregon, Tennessee, Texas, Virginia, and Washington.
CA9 Finds Petitioner Forfeited Merits Arguments and Failed to Exhaust Due Process Claims
The court denied the petition for review, holding that the petitioner had forfeited all exhausted bases to challenge the agency’s decision denying his asylum application and failed to exhaust the procedural due process claims he raised before the court. (Santana-Gonzalez v. Bondi, 4/8/26)
CA6 Upholds Asylum Denial Where Petitioner Forfeited and Failed to Exhaust PSG Claims
The court held that the petitioner forfeited his arguments regarding the four particular social groups (PSGs) he identified before the agency and that he failed to exhaust the three new groups he presented for the first time in his petition for review. (Gamas-Vicente v. Blanche, 4/7/26)
CA7 Finds It Lacked Jurisdiction to Review Petition for Review Where No Final Order of Removal Existed
The court dismissed the petition for lack of jurisdiction, holding that an email from a DHS field office declining to revisit a long-executed 2018 Final Administrative Removal Order (FARO) was not a “final order of removal” reviewable under INA §242(a). (Velazquez-Olais v. Blanche, 4/6/26)
BIA Holds That Lay Testimony Is Generally Insufficient for Hardship Where Medical Evidence Is Reasonably Available
The BIA held that lay testimony alone is generally insufficient to establish exceptional and extremely unusual hardship for cancellation of removal under INA §240A(b)(1)(D) where expert medical evidence could reasonably have been produced. Matter of Pelagio Mendoza, 29 I&N Dec. 542 (BIA 2026)
BIA Reaffirms That Obstruction of Justice Offenses Require Specific Intent and Finds California Accessory Conviction Is an Aggravated Felony
The BIA reaffirmed that an obstruction of justice offense requires specific intent to interfere with the process of law, and held that a California accessory to a felony conviction categorically qualifies as an aggravated felony. Matter of Valenzuela Gallardo, 29 I&N Dec. 536 (BIA 2026)
CA8 Holds It Lacks Jurisdiction to Review DHS Removal Discretion and Finds Petitioner Waived Due Process Claim
The court held that the petitioner waived her due process argument based on IJ bias by failing to meaningfully raise it before the BIA, and found that it lacked jurisdiction to review DHS’s exercise of removal discretion. (Quijano-Duran, et al. v. Bondi, 4/2/26)
CA9 Holds BIA Applied Wrong Diligence Standard and Finds “Stateless” Petitioner Acted with Due Diligence
The court held that the BIA employed the wrong diligence standard in upholding the IJ’s denial of the petitioner’s second motion to reopen and that the petitioner acted with due diligence in pursuing vacatur of the conviction on which her removal order was based. (Eskilian v. Bondi, 4/2/26)
Deaths at Adult Detention Centers
AILA provides a continually updated list of press releases announcing deaths in adult immigration detention.
CA9 Finds No Impermissible Retroactivity in Applying Reinstatement Provision and Petitioner Failed to Show Prejudice
The court held that applying IIRAIRA’s reinstatement provision to the petitioner was not impermissibly retroactive, and that a petitioner must show prejudice to obtain relief for an alleged denial of counsel in reinstatement proceedings. (Verduzco Ruiz v. Bondi, 4/1/26)
CA3 Holds That Abuser’s LPR or Citizen Status at Time of Application Satisfies Special Rule Cancellation Requirement
The court granted in part the petition for review, holding that for special rule cancellation under INA §240A(b)(2)(A)(i)(II), an abuser may be a lawful permanent resident (LPR) or U.S. citizen at any time before the application is adjudicated. (Cardenas v. Att’y Gen., 3/31/26)
Client Flyer: Common Terms Used in Removal Proceedings
AILA provides a flyer to help your clients understand common terms used in removal proceedings. The flyer is available as a generic PDF version and a Word version you can customize with your firm's information. The PDF is also available in Arabic, Chinese, French, and Spanish. Please share.
BIA Holds Objection to Defective NTA Is Forfeited If Not Raised by Respondent and Requires In Absentia Proceedings Where Proper Notice Was Provided
The BIA held that an objection to a defective NTA is forfeited if not timely raised by respondent, and that where a respondent fails to appear but received proper notice of the hearing, the IJ should proceed in absentia and not terminate. Matter of Lopez-Orellana, 29 I&N Dec. 533 (BIA 2026)
CA2 Holds That BIA Misread Petitioner’s Arguments in Finding He Failed to Act with Reasonable Due Diligence for Equitable Tolling
The court held that the BIA abused its discretion in denying the petitioner’s motion to reopen based on a change in law that arguably entitled him to relief from removal, finding that the BIA’s conclusion relied on a misreading of the petitioner’s arguments. (Ramsay v. Bondi, 3/27/26)
DHS Notice Extends Finding of Mass Influx of Aliens
DHS notice stating that DHS Secretary Kristi Noem is further extending the “Finding of Mass Influx of Aliens” first issued 1/23/25. This extension, dated 1/12/26, will expire in 180 days. (91 FR 14703, 3/26/26)