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
District Court Blocks ICE from Detaining Unaccompanied Minors Once They Turn 18
The U.S. District Court for the District of Columbia granted an emergency motion to enforce the 2021 court ruling that prevents ICE from illegally locking up UACs in adult detention centers once they turn 18. (Garcia Ramirez, et al. v. ICE, et al., 10/4/25)
Call for Examples: Immigrant (EB-5) Investors in Receipt of NTAs
AILA’s EB-5 Committee is seeking specific examples of NTAs issued to immigrant investors and their family members.
CA1 Remands Adjustment Claim Where BIA Failed to Apply Corroboration Requirement Before Giving Substantial Weight to Police Reports
The court held that the BIA violated its own precedent by giving substantial weight to police reports from the Haitian petitioner’s arrests that did not result in convictions without corroborating evidence, and thus remanded his claim for adjustment of status. (Maurice v. Bondi, 10/2/25)
Client Flyer: What Happens During a Government Shutdown?
AILA provides an easy flyer for you to share with your clients to help them understand what happens to immigration-related agencies during a government shutdown.
Practice Alert: What Happens When the Government Shuts Down
AILA National shares information on how federal agencies may be affected as a result of the government shutdown. This page will continue to be updated as more information is received.
CA3 Remands Where BIA Misapplied Particularly Serious Crime Test and Failed to Address CAT and Waiver Claims
The court found that BIA misapplied the particularly serious crime framework for petitioner’s asylum and withholding claims, failed to properly assess his Convention Against Torture (CAT) claim, and failed to inform him of eligibility for an INA §212(h) waiver. (Amos v. Att’y Gen., 10/1/25)
Practice Pointer: USCIS Transition to “Electronic Payments” and Implements ACH Debit Payment Option for Filing Fees
AILA's USCIS Operations Committee provides pointers on the upcoming transition to "electronic payments," which takes effect on 10/29/2025 in accordance with Executive Order 14247. This pointer does not cover the ethics aspect, although such resource is forthcoming.
Practice Alert: New Asylum Application Fees and Category (c)(8) Employment Authorization Document Fees Mandated by H.R.1
The Asylum and Refugee Committee, in coordination with the EOIR Committee, are issuing this practice alert to clarify the H.R.1-imposed fees on new and pending asylum applications. This document will continue to be updated with any new or updated guidance.
CA9 Remands Mexican Petitioner's CAT Claim Where BIA Failed to Consider Expert Testimony and Country Conditions
The court held that the BIA failed to give reasoned consideration to extensive expert testimony and country-conditions evidence regarding the risk of torture to the Mexican petitioner, and thus remanded petitioner’s Convention Against Torture (CAT) claim. (Uc Encarnacion v. Bondi, 9/30/25)
DOJ Publishes FY 2026 Shutdown Contingency Plan
DOJ published a contingency plan for DOJ operations in case of a lapse in appropriations. For EOIR, the plan states that cases “involving detained respondents” will move forward during the shutdown. It does not address non-detained dockets.
CA10 Remands Where BIA Incorrectly Treated Petitioner’s Asylum Appeal as Waived
The court denied the petition for review as to cancellation of removal, but found that the BIA abused its discretion by treating the petitioner’s asylum appeal as waived, and thus remanded for the BIA to address the merits of the petitioner’s asylum appeal. (Rangel-Fuentes v. Bondi, 9/29/25)
BIA Holds That Perceived PSG Membership Requires Cognizable Underlying Group
The BIA held that perceived or imputed membership in a proposed particular social group (PSG) will only satisfy PSG requirements if the underlying group of which respondent is perceived to be a member is, standing alone, sufficiently cognizable. Matter of L–A–L–T–, 29 I&N Dec. 269 (BIA 2025)
EOIR Policy Memo (PM 25-51) Withdrawing Email on Motions to Dismiss or Terminate
EOIR Acting Director Roman Chaban released a Policy Memorandum (PM 25-51) withdrawing a 5/30/25 email from an Acting Regional Deputy Chief Immigration Judge providing guidance on adjudicating motions to dismiss or terminate.
Discuss Habeas Petitions with Your AILA Community
We've launched a new forum on AILA's Message Center that focuses on discussions about Habeas Corpus. Ask for advice, share wins, and more! This forum is exclusively for AILA members.
CA1 Dismisses Asylum Claim and Upholds Denial of Withholding and CAT Protection as to Guatemalan Petitioner
The court dismissed petitioner’s asylum claim for lack of jurisdiction under INA §208(a)(2)(D) and upheld the BIA’s denial of withholding of removal and Convention Against Torture (CAT) relief as to petitioner, who was threatened by hooded men in Guatemala. (Zapet-Alvarado v. Bondi, 9/22/25)
CA1 Finds That BIA Abused Its Discretion by Failing to Explain Reason for Denial of Late-Filed Brief
The court held that the BIA’s lack of explanation as to why it decided not to exercise its discretion to accept the petitioner’s late-filed brief after the petitioner presented a plausible reason for the brief’s untimeliness warranted a remand. (López-Gómez v. Bondi, 9/22/25)
Practice Alert: New EOIR memo outlining court performance standards and priorities
EOIR releases a memo clarifying standard case priorities and releases a new set of court-specific performance standards. The memo states that there will not be a return to individual judge quotas for the time being.
CA6 Upholds BIA’s Denial of Third Motion to Reopen and Refusal to Reopen Sua Sponte as to Honduran Petitioner
The court upheld the BIA’s denial of the petitioner’s third motion to reopen, rejecting her notice and jurisdictional arguments and finding no abuse of discretion or legal error in the BIA’s refusal to reopen sua sponte. (Vargas-Rodriguez v. Bondi, 9/19/25)
CA1 Remands Where BIA Failed to Address Petitioner’s Risk of Torture by Low-Level Haitian Officials under CAT
The court held that the BIA failed to address the petitioner’s Convention Against Torture (CAT) claim insofar as he based the claim on the risk that lower-level government officials in Haiti would torture him while he was held in a detention facility or prison. (Fleurimond v. Bondi, 9/18/25)
CA6 Upholds Denial of Motion to Reopen After Finding Petitioner Was Ineligible for Rescission or Cancellation
The court held that the BIA did not abuse its discretion in denying the petitioner’s motion to reopen, concluding that the petitioner was not eligible for rescission under INA§240(b)(5)(C)(ii) and that he was not entitled to cancellation of removal. (Guzman-Torralva v. Bondi, 9/17/25)
EOIR Policy Memo (PM 25-49) on Clerical Transfers of Bond Redetermination Requests
EOIR Acting Director Sirce E. Owen released a policy memo (PM 25-49) to provide guidance on clerical transfers of bond redetermination requests.
EOIR Policy Memo (PM 25-50) on OCAHO Case Completion Goals
EOIR Acting Director Sirce E. Owen released a policy memo (PM 25-50) to re-establish case completion goals for the Office of the Chief Administrative Hearing Officer (OCAHO).
EOIR Policy Memorandum (PM 25-48) on EOIR Stakeholder Engagement
EOIR Acting Director Sirce E. Owen released a policy memorandum (PM 25-48) to establish clear guidance for productive stakeholder engagement.
EOIR Policy Memo (PM 25-47) on Case Priorities and Immigration Court Performance Measures
EOIR Acting Director Sirce E. Owen released a policy memo (PM 25-47) to clarify and reaffirm EOIR case priorities and performance measures. This PM supersedes and replaces the 1/17/18 Case Priorities and Immigration Court Performance Measures memo and supplements both PM 19-13 and PM 20-07.
EOIR Policy Memo (PM 25-46) on Notice of Hearings
EOIR Acting Director released a policy memo (PM 25-46) setting forth EOIR procedures for providing a notice of hearings to an individual in removal proceedings after a Notice to Appear is issued. The PM cancels and replaces OPPM 97-2, Notices of Immigration Judge Hearings.