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
Client Flyer: Common Terms Used in Removal Proceedings
AILA provides a flyer to help your clients understand common terms used in removal proceedings. The flyer is available as a generic PDF version and a Word version you can customize with your firm's information. The PDF is also available in Arabic, Chinese, French, and Spanish. Please share.
BIA Holds Objection to Defective NTA Is Forfeited If Not Raised by Respondent and Requires In Absentia Proceedings Where Proper Notice Was Provided
The BIA held that an objection to a defective NTA is forfeited if not timely raised by respondent, and that where a respondent fails to appear but received proper notice of the hearing, the IJ should proceed in absentia and not terminate. Matter of Lopez-Orellana, 29 I&N Dec. 533 (BIA 2026)
CA2 Holds That BIA Misread Petitioner’s Arguments in Finding He Failed to Act with Reasonable Due Diligence for Equitable Tolling
The court held that the BIA abused its discretion in denying the petitioner’s motion to reopen based on a change in law that arguably entitled him to relief from removal, finding that the BIA’s conclusion relied on a misreading of the petitioner’s arguments. (Ramsay v. Bondi, 3/27/26)
DHS Notice Extends Finding of Mass Influx of Aliens
DHS notice stating that DHS Secretary Kristi Noem is further extending the “Finding of Mass Influx of Aliens” first issued 1/23/25. This extension, dated 1/12/26, will expire in 180 days. (91 FR 14703, 3/26/26)
AILA Congressional Briefing on 3/26: Administration Policies Weaken Asylum System and Immigration Courts
On 3/26, AILA briefed Congress on three policy briefs from the A Better Way on Immigration series focusing on the Administration’s policy changes made over the past year to pursue its mass deportation campaign, weaken the asylum system, and make the immigration courts less efficient and independent.
BIA Finds That IJs Must Identify Evidence Rebutting Presumption of Reliability of Form I-213 in Alienage Determination
The BIA held that where an IJ finds that a Form I-213 is unreliable and insufficient to establish alienage, the IJ must point to specific evidence in the record sufficient to rebut the presumption of reliability. Matter of Mercado-Martinez, 29 I&N Dec. 529 (BIA 2026)
CA5 Upholds Denial of CAT Deferral as to Salvadoran Petitioner Based on Lack of Specific Intent and Speculative Torture Risk
The court held that substantial evidence supported the BIA’s denial of CAT deferral to petitioner, concluding that El Salvador’s harsh prison conditions were not specifically intended to inflict torture and that the risk of future torture was speculative. (Fuentes-Pineda v. Bondi, 3/24/26)
CA9 Holds It Lacks Jurisdiction over Petition Challenging Only Denial of CAT Relief
The court dismissed the petition for review of the IJ’s order affirming a negative reasonable fear determination, holding that it lacks jurisdiction to hear a petition that challenges only the denial of relief under the Convention Against Torture (CAT). (Navarrete v. Bondi, 3/23/26)
EOIR Issues Policy Memorandum (PM) 26-03 on Judicial Conduct and Professionalism
EOIR Director Daren Margolin issued policy memorandum (PM) 26-03 to clarify EOIR’s process for addressing complaints of judicial misconduct by its adjudicators. The PM supersedes prior guidance on the judicial complaint process, last updated in November 2023.
Featured Issue: Ensuring Legal Representation for People Facing Removal
Despite the critical role legal representation plays in ensuring fairness in removal proceedings, the law still does not guarantee the government will pay for counsel if the person is unable to afford one. AILA provides resources on ensuring legal representation for people facing removal.
Policy Brief: America Needs Independent, Fair, and Efficient Immigration Courts
The Administration has implemented many changes to the immigration court system that undermines its ability to deliver fair outcomes consistent with the law. This brief explores these changes and provides recommendations to Congress to make the courts fairer, faster, and restore the public’s trust.
AILA Sends Letter to Leader Thune, Leader Schumer, Speaker Johnson, and Leader Jeffries on Funding for ICE and CBP
AILA President Jeff Joseph and Executive Director Ben Johnson sent a letter to Leader Thune, Leader Schumer, Speaker Johnson, and Leader Jeffries to block funding to ICE and CBP until meaningful reforms are enacted to hold these agencies accountable and restore safety to American communities.
CA1 Finds No Colorable Legal or Constitutional Error in BIA’s Denial of Sua Sponte Reopening
The court denied the consolidated petitions for review, holding that the Bosniak petitioners failed to raise any colorable legal or constitutional claims challenging the BIA’s denial of sua sponte reopening. (Hodzic v. Bondi, et al., 3/19/26)
BIA Denies Motion to Reopen for SIJ-Based Adjustment of Status Due to Four-Year Delay in Visa Availability
The BIA held that no ineffective assistance claim lies where person retained was not an attorney and did not hold himself out as one, and that minor respondents’ SIJ-based adjustment eligibility was speculative due to visa unavailability. Matter of Z–R–C–N–, et al., 29 I&N Dec. 523 (BIA 2026)
BIA Vacates Grant of Cancellation Where Economic and Educational Hardships to Respondent’s Children Were Not Exceptional and Extremely Unusual
The BIA held that respondent had not shown that the economic, educational, and emotional hardships his 26– and 24-year-old children might experience if he was removed to Mexico would constitute exceptional and extremely unusual hardship. Matter of Arevalo-Vargas, 29 I&N Dec. 519 (BIA 2026)
EOIR Issues Policy Memo on Deadline for Appealing an Immigration Judge Decision to the Board of Immigration Appeals
EOIR Director Daren Margolin issued Policy Memorandum (PM) 26-02 to clarify that the appeal deadline for all immigration court decisions to the BIA is 30 days as a result of the Amica Ctr. for Immig. Rts. v. EOIR lawsuit. The memo also states ACIS should also reflect the current 30-day deadline.
BIA Finds Respondent’s Intent to Seek Provisional Unlawful Presence Waiver Did Not Warrant Continued Administrative Closure
Where the respondent’s removal proceedings had been administratively closed for over 13 years, the BIA held that continued administrative closure was not warranted based on her intention to apply for a provisional unlawful presence waiver. Matter of Medina Madrid, 29 I&N Dec. 514 (BIA 2026)
The Advocates for Human Rights File Lawsuit to Protect Public Access to Immigration Court Hearings
The Advocates for Human Rights filed a lawsuit against DOJ and EOIR in the DC District Court to challenge DOJ's increasing restrictions in public access to hearings at the Fort Snelling Immigration Court in Minnesota. (The Advocates for Human Rights v. Bondi et al., 3/12/26)
CA2 Remands Where BIA Failed to Make But-For Eligibility Determination Before Applying Material Support Bar
The court held that the BIA must determine whether a petitioner would be eligible for asylum or withholding of removal but for the material support bar, because USCIS will not consider a waiver application absent such a determination. (Sufiyan v. Bondi, 3/12/26)
CA8 Holds That Substantial Evidence Is the Standard of Review for Exceptional and Extremely Unusual Hardship Determinations
The court held that hardship determinations under the exceptional and extremely unusual hardship standard are reviewed for substantial evidence, and denied the petition for review as to the Mexican petitioner seeking cancellation of removal. (Alonso-Juarez v. Bondi, 3/12/26)
Policy Brief: Americans Want Safe Communities, Not a Dangerous and Costly Deportation Agenda
The Administration's focus on pursuing its immigration enforcement agenda has endangered American communities while recklessly spending taxpayer funds. This policy brief questions this agenda and provides commonsense strategies to improve immigration enforcement and public safety.
EOIR Announces 42 Immigration Judges
EOIR announced the investiture of 42 immigration judges who joined immigration courts in California, Colorado, Florida, Georgia, Illinois, Louisiana, Maryland, Missouri, Nebraska, New Jersey, New York, North Carolina, Pennsylvania, Tennessee, Texas, and Virginia.
Deaths at Adult Detention Centers
AILA provides a continually updated list of press releases announcing deaths in adult immigration detention.
CA1 Upholds Asylum Denial as to Bisexual Petitioner from Honduras Based on Lack of Persecution and Nexus
The court held that the respondent, a bisexual woman from Honduras, failed to establish past persecution, a nexus to a protected ground, or that the Honduran government was unable or unwilling to protect her from private actors. (Maldonado-Ruiz v. Bondi, 3/10/26)
CA9 Denies Petitioners’ Opposed Motion to Stay Removal and Lifts Temporary Stay in Rojas-Espinoza v. Bondi
The en banc court denied the petitioners’ opposed motion to stay removal pursuant to Nken v. Holder and Leiva-Perez v. Holder, and lifted the temporary stay of removal previously entered pursuant to General Order 6.4(c) effective immediately. (Rojas-Espinoza v. Bondi, 3/10/26)