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
Twenty Editions. Still Defending Due Process.
For 36 years—and going on 20 editions—Kurzban’s Immigration Law Sourcebook has provided reliable, authoritative answers to any immigration query. With due process and the law itself facing sustained attacks, it’s back for a fully updated new edition. Member exclusive: Preorder now to save 25%.
Call for Plaintiffs: Clients Arrested During Kavanaugh Stops
The Electronic Frontier Foundation (EFF) and ACLU are asking for help identifying potential plaintiffs for a lawsuit challenging ICE/CBP’s use of facial recognition during roving immigration stops (i.e., Kavanaugh stops). Plaintiffs should come from the 1st, 4th, or 9th Circuits.
A Better Way on Immigration: Principles for America’s Future
Informed by the experience of the more than 18,000 immigration attorneys who are members of AILA, this document outlines five core principles to restore trust, strengthen the rule of law, and build a system that is fairer, more secure, and better aligned with the country America aspires to be.
Practice Pointer: Habeas Corpus for People Originally Detained Near the Border Then Released
AILA’s Benefits Litigation Committee provides this practice pointer on Habeas Corpus for individuals detained near the border, then released, including on recognizance or parole under INA § 212(d)(5), and due process violations in ROR revocations and revocation of parole under § 212(d)(5).
D.C. Circuit Allows Expansion of Expedited Removal
In a 2-1 vote, a D.C. Circuit panel vacated a district court’s stay of the Trump Administration’s 2025 expansion of expedited removal. The ruling allows DHS to apply expedited removal nationwide, regardless of distance from the border. (Make the Road New York v. Mullin, 6/23/26)
Federal Judge Bars ICE from Conducting Most Courthouse Arrests and Exceeding 12-Hour Holding Cell Limit
A federal judge vacated ICE Directive 11072.3 and EOIR PM 25-06, which permitted civil arrests in courthouses, and ICE’s 6/24/25 “Nationwide Hold Room Waiver” memo, which allowed ICE to hold people in holding facilities for up to 72 hours. (Pablo Sequen v. Albarran, 6/23/26)
CA1 Upholds Denial of Reconsideration Where Petitioner Failed to Show She Was Ever Unable to Leave Her Abuser
The court held that the BIA did not abuse its discretion in denying reconsideration where the petitioner failed to establish membership in her proposed PSG of Brazilian women unable to leave relationships and her perceived-family PSG lacked particularity. (Alves-Pains v. Blanche, 6/18/26)
The Member Presale for the New 20th Edition of Kurzban’s Immigration Law Sourcebook Is Now Open!
AILA members can secure the lowest price that will be offered on this fully updated essential resource. But you must act now—offer ends on August 17, 2026.
CA6 Holds That BIA’s 30-Day Appeal Deadline Is Not Jurisdictional and Upholds Denial of Equitable Tolling
The court held that the BIA’s 30-day appeal deadline is a nonjurisdictional claim-processing rule subject to equitable tolling, and upheld the denial of equitable tolling where the petitioner failed to demonstrate due diligence. (Baro v. Blanche, 6/16/26)
Call for Examples: Government Obstruction of Access to Clients
AILA is conducting a survey for an advocacy-oriented report about the experience of immigration attorneys having access to their clients obstructed by immigration agencies and related entities, either through individual officer decisions or the impact of broader national or regional policies.
BIA Holds That a Noncitizen Should Request a Stay from DHS Before Seeking One from the Board on a Pending Motion to Reopen or Reconsider
The BIA held that a noncitizen subject to a final removal order should first request a stay from DHS prior to the Board considering a stay request filed in connection with a motion to reopen or reconsider a Board or immigration court order. Matter of Herrera-Nunez, 29 I&N Dec. 691 (BIA 2026)
BIA Denies Reopening Where Respondent’s Equities Were Acquired Years After He Was Ordered Removed
The BIA held that the respondent did not establish an exceptional situation warranting sua sponte reopening of removal proceedings where his equities were acquired years after he was ordered removed from the United States. Matter of Herrera-Nunez, 29 I&N Dec. 695 (BIA 2026)
EOIR Interim Final Rule on EOIR Fees
EOIR interim final rule and request for comments to update its fee regulations for filings to comply with H.R. 1, effective 6/11/26. Comments are due 7/13/26. (91 FR 35369, 6/11/26)
Deaths at Adult Detention Centers
AILA provides a continually updated list of press releases announcing deaths in adult immigration detention.
CA9 Vacates Its Prior Order Denying a Stay of Removal and Grants Petitioners’ Opposed Motion to Stay in Rojas-Espinoza v. Blanche
The en banc court vacated its prior order denying the petitioners’ opposed motion to stay removal and granted the stay, finding that the petitioners met the standard for a stay under Nken v. Holder in light of en banc briefing and oral argument. (Rojas-Espinoza v. Blanche, 6/9/26)
Vote Recommendation: AILA Urges the House to Vote NO on the FY26 Budget Reconciliation Bill
On 6/8/26, AILA sent a vote recommendation to the House urging it to not provide ICE and Border Patrol an additional $70 billion in funding through the FY26 Budget Reconciliation bill after it passed the Senate on 6/5/26.
CA6 Holds That It Lacked Jurisdiction to Review BIA’s Discretionary Denial of Cancellation and Upholds Denial of Reconsideration
The court held that it lacked jurisdiction to review the BIA’s discretionary denial of cancellation of removal and that the BIA did not abuse its discretion in denying reconsideration where the petitioner waived his challenge to removability by failing to appeal it. (Dodaj v. Blanche, 6/8/26)
CA8 Holds That Actual Protection Order Need Not Be in Record to Show Removability under INA §237(a)(2)(E)(ii)
The court held that a petitioner found removable under INA §237(a)(2)(E)(ii) for violating a no-contact order need not have the actual protection order in the record, where other evidence proved the statutory elements by clear and convincing evidence. (Tiah v. Blanche, 6/8/26)
CA11 Finds Petitioner’s Conviction in Florida for Aggravated Assault with Deadly Weapon Was Categorically a Crime of Violence
The court held that the petitioner’s Florida conviction for aggravated assault with a deadly weapon was categorically a crime of violence under 18 USC §16, and thus found that the BIA did not abuse its discretion in denying the petitioner’s motion to reopen. (Senatus v. Att’y Gen., 6/8/26)
CA4 Holds New Jersey Conviction for Storing Child Sexual Abuse Material on a File-Sharing Program Was Categorically a Crime of Child Abuse
The court denied and dismissed in part the petition for review, holding that petitioner’s New Jersey conviction for knowingly storing child sexual abuse material on a file-sharing program categorically qualified as a crime of child abuse under INA §237(a)(2)(E)(i). (Uddin v. Blanche, 6/5/26)
BIA Holds That “Social Distinction” Element of a PSG Must Generally Be Measured on a Countrywide Basis
The BIA held that the “social distinction” element of a particular social group (PSG) must generally be measured on a countrywide basis, rather than from the perspective of a neighborhood or other limited geographic location within a country. Matter of S–E–M–Z–, 29 I&N Dec. 680 (BIA 2026)
BIA Holds That Respondent’s Federal Health Care Fraud Conviction Was for a Particularly Serious Crime
The BIA dismissed the respondent’s appeal, holding that his conviction for health care fraud under 18 USC §1347 was for a particularly serious crime barring asylum and withholding of removal, and affirming the denial of CAT protection. Matter of J–O–A–, 29 I&N Dec. 672 (BIA 2026)
Vote Recommendation: AILA Urges Congress to Vote NO on the FY26 Budget Reconciliation Bill
On 6/3/26, AILA sent a vote recommendation to Congress urging it to not provide ICE and Border Patrol an additional $70 billion in funding through the FY26 Budget Reconciliation bill.
CA1 Vacates Orders for Failing to State with Sufficient Particularity Whether BIA Addressed Imputed-Mungiki Persecution Arguments
The court held that the BIA’s orders dismissing the petitioner’s appeal did not state with sufficient particularity their basis for rejecting his arguments that Kenyan police would persecute him as a presumed Mungiki based on his family status or Kikuyu ethnicity. (Muchiri v. Blanche, 6/3/26)
NJ Spotlight News: ‘Black box’: Trump Administration Moves to Wipe Out ICE Watchdog
The Administration’s latest budget request to Congress would cut all funding and staff for the Office of the Immigration Detention Ombudsman. AILA Senior Director of Government Relations Greg Chen emphasized that as the detained population has exploded, DHS oversight agencies are being wiped out.