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
Call for Examples: EOIR Notice Issues
The EOIR committee is requesting AILA Members provide examples of delays in receiving notice (or instances of not receiving notice) to further illustrate current issues with notice from EOIR.
NPR: ICE Detained a Venezuelan Soccer Pro. His Case Shows the Immigration Backlog Crisis
Homero Calderón was arrested by ICE despite having pending applications with USCIS. AILA’s Shev Dalal-Dheini called his case “symbolic of so many other individuals who are stuck in processing backlogs … individuals doing the right thing by filing their applications timely.”
CA4 Holds That Pursuing an I-601A Provisional Waiver Does Not Shield Noncitizens from Arrest, Detention, or Removal
The court held that provisional waiver regulations do not shield noncitizens from removal while pursuing I-601A waivers, and vacated summary judgment because the record did not show the government used the process to target plaintiffs for removal. (Sanchez, et al. v. Mullin, et al., 8/14/26)
BIA Holds That 10-Day Pre-Hearing Period Is the Only Statutory or Regulatory Time Requirement Needed to Safeguard Privilege of Counsel
The BIA held that the only statutory or regulatory time requirement to safeguard a noncitizen’s privilege of counsel is that the first hearing not occur earlier than 10 days after service of the Notice to Appear (NTA) under INA §239(b)(1). Matter of A–K–R–, 29 I&N Dec. 839 (BIA 2026)
CA3 Holds That a Removal Stay Must Be Vacated Where Petitioner Can No Longer Meet the Nken Factors on Ongoing Review
The court held that a stay of removal must be vacated where the petitioner can no longer carry his burden on the four factors in Nken v. Holder, and that his likelihood of success is the product of the likelihood on each independent issue. (Aristy-Rosa v. Att’y Gen., 8/14/26)
BIA Holds That Georgia Sentence “Clarification” Order Was Invalid for Immigration Purposes
The BIA held that a Georgia state court sentence “clarification” order issued by a different judge more than six years after the sentencing order and after respondent had been placed into removal proceedings was not valid for immigration purposes. Matter of Boye, 29 I&N Dec. 826 (BIA 2026)
Think Immigration: Prepping Paralegals in the Current Immigration Law Environment
AILA Paralegals Conference Chair Mo Goldman details the challenges in the current immigration law environment as major policy changes take effect, writing that "the requisites are becoming more stringent, and the chances of rejected filings or denials have increased exponentially."
CA1 Holds That Conviction for Witness Retaliation in New Hampshire Was Not an Aggravated Felony Relating to Obstruction of Justice
The court held that a New Hampshire conviction for witness retaliation was not an aggravated felony offense relating to obstruction of justice under INA §101(a)(43)(S), so it did not render petitioner removable as an aggravated felon under INA §237(a)(2)(A)(iii). (Bangs v. Blanche, 8/11/26)
CA4 Holds That INA §242(b)(1)’s 30-Day Petition for Review Deadline Is Subject to Equitable Tolling
The court held that INA §242(b)(1)’s 30-day deadline is subject to equitable tolling, and found that the BIA erred in its political opinion and particular social group (PSG) analyses and abused its discretion in denying CAT relief. (Navarro Cerritos v. Blanche, 8/11/26)
Practice Alert: Federal Court Restores Key Protections for VAWA, U, and T Petitioners Facing ICE Detention
A federal court decision has temporarily restored important protections from arrest, detention, and removal for certain immigrant survivors with pending VAWA self-petitions, and U and T visa petitions.
SAVE and E-Verify Update on TPS for Somalia
SAVE and E-Verify issued updates on EADs for TPS-holders from Somalia. EADs issued under this TPS designation remain valid and are extended. SAVE and E-Verify will display an expiration date of 8/12/26. The updates supersede prior guidance.
CA4 Holds That Nexus Analysis Must Focus on Why Persecutor Threatened Petitioner, Not Another Person
The court held that the agency legally erred by focusing on why the persecutor targeted her former partner rather than why he threatened her, and that the record compelled the conclusion that the nexus requirement was met. (Orellana-Ramos v. Blanche, 8/10/26)
CA1 Holds Substantial Evidence Supports No Nexus Where Robberies Were for Financial Gain and Threats Were Revenge
The court held that substantial evidence supported the BIA’s conclusion that no protected ground was a reason for petitioner’s harm, where robberies were for financial gain and threats were revenge, and thus upheld the denial of asylum and related claims. (Monzon Guzman v. Blanche, 8/7/26)
CA6 Holds That Serious-Nonpolitical-Crime Bar’s “Serious Reasons for Believing” Standard Requires Only Probable Cause
The court held that the serious-nonpolitical-crime bar’s “serious reasons for believing” standard requires only probable cause, and that substantial evidence supported the BIA’s conclusion that the government met its burden of establishing probable cause. (Spindola v. Blanche, 8/7/26)
EOIR Issues Fact Sheet on Immigration Judge Training
EOIR issued a fact sheet on the training program for immigration judges. The initial training is five weeks long, with additional ongoing training.
New Edition of Kurzban’s Immigration Law Sourcebook Released by AILA
AILA is proud to release the 20th edition of Kurzban’s Immigration Law Sourcebook, the must-have resource filled with expert guidance helping readers navigate the labyrinthine U.S. immigration laws, including recent Supreme Court rulings and their impact.
CA5 Holds That Adverse Credibility Findings on Employment and Imprisonment as to Afghan Petitioner Were Unsupported
The court held that the agency’s adverse credibility finding as to the Afghan petitioner’s employment history and prior imprisonment was not supported by substantial evidence, and that the agency failed to meaningfully consider key evidence supporting his claims. (Eqbal v. Blanche, 8/6/26)
CA8 Holds That Departure Bar Is Invalid for Statutory Motions to Reopen and Rejects BIA’s Jurisdictional Limitation
The court held the departure bar regulation, 8 CFR §1003.2(d), conflicts with the motion to reopen statute, INA §240(c)(7), and thus found that the BIA abused its discretion in denying petitioner’s statutory motion to reopen and in holding it lacked jurisdiction. (Lacsina v. Blanche, 8/6/26)
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.
CA11 Holds That an EOIR Disciplinary Complaint Satisfies Lozada’s Third Requirement
The court held an EOIR complaint satisfies Matter of Lozada’s third requirement, that substantial compliance satisfies Lozada’s procedural requirements, and that the BIA abused its discretion in denying reopening. (Pasqual-Andres v. Att’y Gen., 8/4/26)
CA4 Holds That IJ Denied Reasonable Opportunity to Show Third Country Removal Hardship Supporting Cancellation of Removal
The court held the IJ denied petitioner a reasonable opportunity under INA §240(b)(4)(B) to show third country removal would subject her citizen daughters to exceptional and extremely unusual hardship, and the BIA erred in rejecting her claim of procedural error. (Keita v. Blanche, 8/4/26)
Deaths at Adult Detention Centers
AILA provides a continually updated list of press releases announcing deaths in adult immigration detention.
Featured Issue: Establishing a Fair and Independent Immigration Court
Immigration courts face a profound structural problem—they operate under DOJ and are therefore extremely vulnerable to political interference. This page collects resources, updates, and opportunities to advocate for establishing an independent immigration court with the Real Courts, Rule of Law Act.
CA5 Holds Equitable Tolling Is Not Appropriate and Dismisses Untimely Petition for Review
The court held that equitable tolling was not appropriate in the case and dismissed the petition for review of a reinstated removal order as untimely under INA §242(b)(1). (Saravia Martinez v. Blanche, 8/3/26)
CA2 Holds That IJs Need Not Make Adverse Credibility Finding Before Requiring Corroboration
The court held an IJ does not need to make an adverse credibility finding before requiring corroboration, that BIA forfeiture rulings are reviewed for abuse of discretion, and upheld the finding that the petitioner failed to establish a likelihood of torture. (Al Saidi v. Blanche, 8/3/26)