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
U.S.-Guatemala Agreement Regarding the Transfer of Central American Nationals to Guatemala
DHS published an agreement between the U.S. and Guatemalan governments relating to the transfer of nationals of Central American countries to Guatemala, effected by exchange of diplomatic notes on 6/11/25 and 6/13/25. (90 FR 31670, 7/15/25)
Practice Alert: ICE Updates Legal Position in Bond Proceedings
AILA members report a change in OPLA's legal position to designate people who entered without inspection ineligible for bond.
Deaths at Adult Detention Centers
AILA provides a continually updated list of press releases announcing deaths in adult immigration detention.
Practice Alert: Some Immigration Courts Accept Asylum Application Filings Without $100 Fee Receipt
Updated reports from members indicate some immigration courts are accepting Form I-589 filings without proof of fee payment, while other courts are reportedly still rejecting them.
EOIR Issues Policy Memo on Statutory Fees Under the One Big Beautiful Bill Act
EOIR issues policy memo addressing updates in the statutory fees under the One Big Beautiful Bill Act.
BIA Holds That False SSNs and Tax Misrepresentations Are Negative Discretionary Factors Absent Reasonable Reliance on Professional Advice
The BIA held that using false or stolen Social Security numbers (SSNs) and filing false tax returns are negative discretionary factors, and that respondent’s reliance on professional advice must be supported by evidence and explanation. Matter of Gonzalez Jimenez, 29 I&N Dec. 129 (BIA 2025)
Agreement Between U.S. and Honduran Governments for Cooperation in Examination of Protection Requests
DHS published an agreement between the U.S. and Honduran governments to cooperate on protection requests, signed 3/8/25 and amended 6/25/25. It outlines conditions for Honduras to process protection requests for some asylum seekers who sought protection in the U.S. (90 FR 30076, 7/8/25)
CA2 Holds That 30-Day Deadline for Petitions for Review under INA §242(b)(1) Is Nonjurisdictional
The court held that the 30-day filing deadline in INA §242(b)(1) is not a jurisdictional rule but a nonjurisdictional claim-processing requirement, and found that the Supreme Court’s decision in Riley v. Bondi abrogated its prior ruling to the contrary. (Castejon-Paz v. Bondi, 7/8/25)
CA9 Grants Rehearing En Banc in Case Addressing Exceptional Circumstances for in Absentia Removal Order
The court granted rehearing en banc and vacated its prior opinion filed on 10/17/24, which held that the petitioner established exceptional circumstances warranting reopening her in absentia removal order under INA §240(b)(5)(C)(i). (Montejo-Gonzalez v. Bondi, 7/8/25)
CA8 Denies Cancellation of Removal After SCOTUS Remand in Light of Wilkinson
On remand from the U.S. Supreme Court, the court held that, even under Wilkinson v. Garland, the petitioner failed to show that his U.S. citizen children would face exceptional and extremely unusual hardship, and thus upheld the denial of cancellation. (Garcia-Pascual v. Bondi, 7/7/25)
Practice Alert: New Immigration Fees Authorized by the Reconciliation Bill
USCIS has delayed collecting new fees for certain immigration benefit requests until it can operationalize its processes. AILA expects USCIS to provide details on the implementation in the coming days.
EOIR Policy Memo (PM) 25-34 Conflicting Precedents of the Board of Immigration Appeals
EOIR Acting Director issued Policy Memo (PM) 25-34, "Conflicting Precedents of the Board of Immigration Appeals," stating that without established methods to resolve conflicts between BIA precedents, IJs must use their best judgement and explain their reasoning when choosing which precedent to use.
EOIR Notice of Revision of Immigration Practitioner/Organization Complaint Form
EOIR issued a 60-day notice of extension and revision of Form EOIR-44, Immigration Practitioner/Organization Complaint Form. The form is used by individuals filing complaints regarding practitioners’ behavior in proceedings before EOIR. Comments are due 9/2/25. (90 FR 29047, 7/2/25)
ICE Directive 11064.4 on Detention and Removal of Parents and Guardians of Minors
ICE Acting Director Todd M. Lyons issued ICE Directive 11064.4, which provides guidance regarding the detention and removal of noncitizen parents and legal guardians of minor children, including those who have a direct interest in family court or child welfare proceedings in the United States.
DOJ Notice of Revision and Extension of Form EOIR-26
DOJ notice of revision and extension of Form EOIR-26, Notice of Appeal From a Decision of an Immigration Judge. The form is used to appeal an immigration judge’s decision to the Board of Immigration Appeals (BIA). Comments are due 9/2/25. (90 FR 28815, 7/1/25)
CA3 Holds That Federal Conviction for Submitting False Claims to Government Was an Aggravated Felony Involving Deceit
The court held that the petitioner’s conviction for submitting false claims to the government under 18 USC §287 was categorically a crime of deceit that cost the government more than $10,000, and was thus an aggravated felony that rendered petitioner removable. (Lanoue v. Att’y Gen., 7/1/25)
CA3 Remands for BIA to Apply Proper Legal Standard on Nexus for Religious Persecution
The court held that, by relying on both subordination– and animus-based tests in evaluating whether the petitioner was persecuted on account of his religion, the IJ and BIA applied the wrong legal standard for the nexus between religion and persecution. (Tipan Lopez v. Att’y Gen., 6/30/25)
DHS and DOJ IFR Regarding Civil Penalties for Certain Immigration-Related Violations
DHS and DOJ released an interim final rule (IFR) updating procedures for DHS to issue fines for noncitizens who do not depart during the voluntary departure period or after a final removal order, or are apprehended while “improperly” entering the U.S. Comments are due 7/28/25. (90 FR 27439, 6/27/25)
DHS and DOJ Announce Updated Process for Immigration-Related Fines
DHS announced a joint interim final rule with DOJ updating procedures for DHS to issue fines for certain immigration-related violations. The new rule will eliminate a 30-day notice period, allow DHS to send fines by regular mail, and move the appeals process from DOJ to DHS, among other changes.
EOIR Policy Memo Regarding Civil Penalties for Certain Immigration-Related Violations
EOIR Acting Director released a policy memo to provide guidance on DHS and DOJ’s interim final rule, “Imposition and Collection of Civil Penalties for Certain Immigration-Related Violations” as it relates to EOIR. Fines imposed under the rule will no longer be subject to appellate review by BIA.
EOIR Policy Memo 25-33 on Neutrality and Impartiality in Immigration Court Proceedings
EOIR Acting Director Sirce E. Owen issued Policy Memorandum (PM) 25-33 reminding Immigration Judges of their ethical and professional responsibility obligations to treat both parties in a neutral, unbiased, and impartial manner. Judges who do not may be subject to corrective or disciplinary action.
SCOTUS Rules 30-day PFR Deadline Not Jurisdictional, Subject to Equitable Tolling
The U.S. Supreme Court ruled 5-4 that a BIA order denying deferral of removal in a withholding-only proceeding is not a final order of removal. The filing deadline to challenge a final order of removal is not a jurisdictional requirement and is subject to equitable tolling. (Riley v. Bondi, 6/26/25)
BIA Holds That Respondent’s Virginia Conviction for Indecent Exposure Was a CIMT
The BIA held that the respondent’s Virginia conviction for indecent exposure constituted a crime involving moral turpitude (CIMT) because the offense requires an “obscene display or exposure,” which necessarily involves a lewd intent. Matter of Mayorga Ipina, 29 I&N Dec. 110 (BIA 2025)
DHS Publishes Privacy Impact Assessment for the CBP Home App
CBP published a Privacy Impact Assessment to address privacy risks in the collection, maintenance, use, and dissemination of the information collected by the CBP Home app, which may include the collection of U.S. citizens’ and lawful permanent residents’ information.
CA1 Upholds Denial of Cancellation Where Petitioners Failed to Show Requisite Hardship under INA §240A(b)(1)(D)
Upholding the agency’s denial of cancellation of removal, the court dismissed for lack of jurisdiction the petitioners’ challenge to the agency’s factual findings underlying its hardship ruling under INA §240A(b)(1)(D), and denied the remaining legal claims. (Xiquin Xirum v. Bondi, 6/25/25)