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
Practice Alert: EOIR Targeting Pro Se Respondents for “Mega Master Calendar Hearings”
AILA received reports new docketing policies for some pro se respondents where approximately 100 people are being scheduled for a single hearing time. The EOIR liaison committee is requesting additional information from members.
Practice Alert: New Hearings Appearing on ECAS Calendars Without Notices of Hearing
AILA members report new hearings appearing in ECAS calendars without any notice of hearing being issued.
Take Action: Urge Your Representative to Co-Sponsor the Real Courts Rule of Law Act
The immigration court system is in crisis and Congress must pass urgent reform to maintain judicial independence, reduce the backlog, and ensure due process. Get involved now!
CA6 Holds That Cancellation Hardship Determinations Are to Be Reviewed under IIRAIRA Substantial Evidence Standard
The court held that cancellation-of-removal hardship determinations are to be reviewed under the IIRAIRA substantial evidence standard and that the Guatemalan petitioner did not establish exceptional and extremely unusual hardship. (Baltazar Us v. Blanche, 4/29/26)
Practice Alert: Circumvention of Lawful Pathways (CLP) Rule Vacated May 7, 2026
On May 7, 2026, the U.S. District Court for the Northern District of California in East Bay Sanctuary Covenant v. Trump vacated the Circumvention of Lawful Pathways (CLP) rule which was promulgated by the Department of Homeland Security in May 2023.
BIA Finds Proposed PSG of “Married Mexican Women Unable to Leave Their Relationship” Is Not Cognizable
The BIA held that the proposed particular social group (PSG) consisting of “married Mexican women unable to leave their relationship” is not cognizable, and that lawful marriage cannot be presumed from cohabitation or shared children. Matter of V–A–B–, 29 I&N Dec. 621 (BIA 2026)
CA9 Holds That DHS Is Not Constitutionally Required to Translate NTA Address-Update Obligation into Noncitizen’s Native Language
The court held that DHS is not constitutionally required to translate the entirety of a Notice to Appear (NTA), including a noncitizen’s obligation to provide changes of address to the immigration court, to the noncitizen in their native language. (Urquia-Yanez v. Blanche, 5/8/26)
Client Flyers
AILA offers concise educational flyers for members to share with their clients or prospective clients to inform them about a wide range of pertinent immigration law issues. Customizable versions are available.
ICE NPRM Increasing Fee for Form I-246, Application for a Stay of Deportation or Removal
ICE notice of proposed rulemaking that would increase the fee for adjudicating Form I-246, Application for a Stay of Deportation or Removal, from $155 to $755, representing a 387% increase. Comments are due 7/6/26. (91 FR 24739, 5/7/26)
CA5 Upholds Denial of Motion to Reopen as to Salvadoran Petitioner Who Failed to Show Changed Country Conditions or Equitable Tolling
The court held that the BIA did not abuse its discretion in denying the Salvadoran’s untimely motion to reopen, finding that his MS-13 father-in-law’s arrest reflected a change in personal circumstances, not changed country conditions excepting the time bar. (Prado-Majano v. Blanche, 5/7/26)
BIA Holds That “Arrival” in Serious Nonpolitical Crime Bar Refers to Noncitizen’s Most Recent Arrival in the United States
The BIA held that the words “arrival” and “arrived” in the serious nonpolitical crime bar provisions at INA §§208(b)(2)(A)(iii) and 241(b)(3)(B)(iii) refer to the noncitizen’s most recent arrival in the United States. Matter of C–P–Y–, 29 I&N Dec. 610 (BIA 2026)
CA4 Finds IJs Failed to Develop Record for Pro Se, Detained Noncitizen Seeking Waiver, Asylum, and Related Relief
The court held that two IJs failed to fulfill their statutory duty to develop the record for a pro se, detained respondent seeking a waiver under INA §209(c), asylum, withholding, and CAT deferral by failing to explain key legal standards and his procedural rights. (Diahn v. Blanche, 5/5/26)
CA7 Finds It Lacks Jurisdiction to Review Asylum Timeliness Determination and Denies Petitioner’s Withholding Claim
The court held that it lacked jurisdiction to review the agency’s denial of asylum as untimely where petitioner failed to engage with the government’s jurisdictional challenge, and found that substantial evidence supported the denial of withholding of removal. (Mohammed v. Blanche, 5/5/26)
BIA Finds No Clear Probability of Torture or Government Acquiescence in Mexico Based on Speculative and Generalized Evidence
The BIA held that the respondent did not establish eligibility for CAT protection because he failed to show a clear probability of harm rising to the level of torture by gang or cartel members and did not show government acquiescence to torture. Matter of J–E–L–, 29 I&N Dec. 605 (BIA 2026)
EOIR Announces Closure of San Francisco Immigration Court After 9/4/26
EOIR announced it will close the San Francisco Immigration Court at the close of business on 9/4/26 and make its Sansome Street location a hearing location under the Concord Immigration Court's adminstrative control. EOIR will issue new hearing notices for all cases reassigned to the Concord court.
CA1 Upholds Petitioner’s Removability for Fraud and Denial of Relief Based on Serious Nonpolitical Crime Bar
The court held that the petitioner was removable for fraud and willful misrepresentation and failed to establish eligibility for asylum, withholding of removal, or Convention Against Torture (CAT) protection. (Usma Acosta v. Blanche, 5/1/26)
Practice Alert: New Immigration Fees Authorized by the Reconciliation Bill
USCIS has published an Interim Final Rule codifying the collection of fees and other provisions for asylum, Form I-94, temporary protected status, and employment authorization documents. This alert will continue to be updated with any new details provided.
CA7 Finds Niz-Chavez Does Not Warrant Equitable Tolling of Motion-to-Reopen Deadline
The court found petitioner was not entitled to equitable tolling based on Niz-Chavez v. Garland, where the asserted defect in the Notice to Appear (NTA) was apparent at the time of the original proceedings and petitioner failed to act diligently. (Coatl-Chiquito v. Blanche, 4/30/26)
BIA Holds IJ Must Enter In Absentia Order and Lacks Authority to Administratively Close Proceedings Where Respondent Fails to Appear
The BIA held that when respondents, including minors, fail to appear and DHS has established proper notice and removability, the IJ lacks authority to administratively close proceedings and must enter an in absentia removal order. Matter of Orozco Becerra, 29 I&N Dec. 600 (BIA 2026)
CA6 Upholds Denial of Motion to Reopen Where Petitioner Failed to Identify Specific Interpreter Errors
The court held that the petitioner did not establish grounds to reopen his removal proceedings based on alleged interpreter errors where he failed to identify specific mistranslations or show prejudice. (Deh v. Blanche, 4/29/26)
CA6 Holds That Petition-for-Review Deadline Is Subject to Equitable Tolling but Dismisses Petition as Untimely
The court held that the 30-day deadline to file a petition for review under INA §242(b)(1) is subject to equitable tolling, but found that the petitioner was not entitled to tolling on the record and thus dismissed the petition as untimely. (Oxlaj-Perez v. Blanche, 4/29/26)
CA7 Holds That Failure to Appear Was Not Due to Exceptional Circumstances Where Petitioner Failed to Notify the Court
The court held that the petitioner did not establish exceptional circumstances under INA §240(b)(5)(C), where his failure to appear resulted from financial hardship and transportation difficulties rather than exceptional circumstances beyond his control. (Nimaga v. Blanche, 4/29/26)
AILA Law Journal, Vol. 8, Number 1, April 2026
The April 2026 edition of the AILA Law Journal is now available.
Practice Alert: AILA Tracking Detentions at USCIS Biometrics Appointments
AILA is tracking increased reports of detentions at USCIS biometrics appointments.
BIA Holds That FBI Memorandum Indicating Respondent Is National Security Risk Warrants Significant Weight in Bond Proceedings
The BIA held that an FBI Letterhead Memorandum indicating that the respondent is a potential national security risk warrants significant weight in bond proceedings, and ordered the respondent detained without bond. Matter of Shentu, 29 I&N Dec. 595 (BIA 2026)