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
BIA Finds Respondent’s Speculative Eligibility for Adjustment Insufficient to Warrant Termination of Proceedings
The BIA held that termination of removal proceedings is not warranted to allow a respondent to seek adjustment of status under the Cuban Refugee Adjustment Act based on speculation that USCIS will grant them parole under INA §212(d)(5)(A). Matter of Roque-Izada, 29 I&N Dec. 106 (BIA 2025)
CA9 Holds That BIA Abused Its Discretion by Declining to Remand to IJ for Competency Determination
Granting in part the petition for review, the court held that the record evidence, including head trauma, alcohol abuse, dementia, anxiety, depression, and memory disturbance, clearly contained indicia of incompetence warranting further inquiry by the IJ. (Lemus-Escobar v. Bondi, 6/16/25)
Call for Examples – Affirmative I-589 “dismissed” by USCIS because applicant has a prior Expedited Removal Order (Form I-860)
AILA’s Asylum and Refugee Committee has received reports that some affirmative asylum applications are being dismissed by the Asylum Vetting Center on the basis of alleged expedited removal orders. The committee is currently gathering examples to better understand the scope and nature of this issue.
CA2 Holds That Clear Error Is Appropriate Standard of Review for Evaluating Hardship Determinations
The court held that clear error is the appropriate standard of review for evaluating hardship determinations, and upheld the agency’s finding that the petitioner failed to show the hardship required for cancellation of removal under INA §240A(b)(1)(D). (Toalombo Yanez v. Bondi, 6/13/25)
Practice Alert: EOIR Guidance to Immigration Judges on Dismissals and Other Adjudications
On May 30th, 2025, immigration judges nationwide received instructions on how to adjudicate the recent wave of dismissal requests from ICE OPLA. Read this practice alert for the text of the email and accompanying guidance.
DOJ Files Lawsuit to Stop New York’s Protect Our Courts Act
DOJ filed suit against the state of New York to stop the Protect Our Courts Act, a 2020 state law that prohibits federal officers from conducting civil arrests in or around courthouses without a warrant signed by a judge. (United States v. New York, 6/12/25)
BIA Vacates IJ’s Release on Bond Order After Finding Respondent Failed to Show She Was Not a Flight Risk
The BIA held that a grant of withholding of removal that is pending on appeal does not justify release on bond where the factors regarding flight risk weigh strongly against release on bond. Matter of E–Y–F–G–, 29 I&N Dec. 103 (BIA 2025)
CA9 Remands Asylum Claim Where BIA Failed to Consider Impact of Petitioner’s Past Experiences on Her Religious Practice
The court concluded that, in determining whether the Brazilian petitioner experienced harm rising to the level of persecution, neither the BIA nor the IJ considered the impact of petitioner’s past experiences on her ability to freely practice her religion. (De Souza Silva v. Bondi, 6/11/25)
Take Action: Demand Congress to Protect Due Process and Stop the Administration from Undermining the Integrity of the Immigration Courts
The administration is targeting noncitizens at immigration courts through coordinated arrests that violate due process. Join AILA in demanding Congress conduct oversight, investigate the interagency abuse, and protect the integrity of the immigration process. Urge your Member of Congress to act.
CA9 Remands After BIA Failed to Explain Its Refusal to Consider Petitioner’s Ineffective Assistance Claim
Granting the petition for review, the court concluded that the BIA abused its discretion by failing to offer a reasoned explanation for its determination that it could not or should not review claims of ineffective assistance of counsel before a different tribunal. (Li v. Bondi, 6/10/25)
DHS Announces Fine Forgiveness for Noncitizens Who “Self-Deport”
DHS announced that noncitizens who “self-deport” through the CBP Home App will receive forgiveness of any civil fines or penalties for failing to depart the U.S. Currently, individuals can be fined nearly $1,000 per day they do not depart after a final deportation order.
CA7 Finds No Nexus Between Gang Threats and Petitioner’s Membership in “Young Male Salvadorans” Social Group
The court upheld the denial of the petitioner’s asylum and withholding of removal claims, holding that substantial evidence supported the IJ’s conclusion that petitioner failed to establish a nexus between the harm he suffered and his proffered social group. (De Paz-Peraza v. Bondi, 6/9/25)
Presidential Memo on DOD Security for the Protection of DHS Functions
President Trump released a memo on 6/7/25 calling on the National Guard and other Federal service members to protect ICE personnel during immigration enforcement actions. The memo calls for at least 2,000 National Guard personnel to serve for 60 days or at the DOD Secretary’s discretion.
BIA Holds That Pending Application for TPS Generally Will Not Warrant Administrative Closure
The BIA reaffirmed its holding in Matter of W–Y–U–, and concluded that a pending application for Temporary Protected Status (TPS) generally will not warrant a grant of administrative closure. Matter of B–N–K–, 29 I&N Dec. 96 (BIA 2025)
86 Representatives Urge DHS to End Arrests at Immigration Courts
Rep. Dan Goldman (D-NY) led 86 House members in a letter to DHS Secretary and ICE Acting Director expressing concern over ICE enforcement operations at immigration courts and noting that many of those arrested do not have a criminal record.
Practice Alert: Members reporting increased ICE arrests for people on ATD monitoring
Reports show ICE is arresting ATD individuals at ISAP/ICE check-ins nationwide.
CA4 Says Federal Conviction for Inducing Minor to Engage in Illegal Sexual Activity Was an Aggravated Felony and Crime of Child Abuse
The court concluded that the petitioner’s conviction for inducing a minor to engage in illegal sexual activity in violation of 18 USC §2422(b) was categorically an aggravated felony and a crime of child abuse under the INA. (Hsieh v. Bondi, 6/4/25)
Call for Examples: ICE Arrests at Immigration Courts
AILA members recently reported widespread instances of ICE Enforcement and ERO agents appearing at immigration courts to detain individuals. AILA released a policy brief summarizing the reports. To better understand the details, please complete this survey if your client was arrested at EOIR.
DOJ 60-Day Request for Comments on Revision of Forms EOIR-60 and EOIR-61
DOJ request for comments on revision of Form EOIR-60, Notice of Entry of Limited Appearance for Document Assistance Before the Board of Immigration Appeals, and Form EOIR-61, Notice of Entry of Limited Appearance for Document Assistance Before the Immigration Court. (90 FR 23568, 6/3/25)
CA2 Holds That Agency Properly Relied on Border Interview in Making Adverse Credibility Determination
The court held that because the agency considered petitioner’s argument about the reliability of his border interview, it properly relied on the interview in making an adverse credibility determination under the REAL ID Act’s totality-of-the-circumstances standard. (Singh v. Bondi, 6/3/25)
CA5 Dismisses Cancellation Challenge as Unreviewable and Denies Unexhausted Ineffective Assistance Claim
The court held that it lacked jurisdiction to review the agency’s discretionary denial of cancellation of removal where the petitioner’s arguments did not raise a colorable legal question, and rejected the petitioner’s ineffective assistance of counsel claim. (Linares-Rivas v. Bondi, 6/3/25)
Know Before You Go: Immigration Court Hearings and ICE Arrests
AILA provides a flyer to alert your clients of ICE arrests outside of immigration courthouses with information they should know before going to immigration court. The flyer is available as a generic PDF version as well as a Word version you can customize with your firm's information. Please share.
Know Before You Go: Immigration Court Hearings and ICE Arrests
AILA provides a flyer to alert your clients of ICE arrests outside of immigration courthouses with information they should know before going to immigration court. The flyer is available as a generic PDF version as well as a Word version you can customize with your firm's information. Please share.
Policy Brief: ICE Arrests at Immigration Courts
AILA members reported widespread instances of ICE Enforcement and ERO agents appearing at immigration courts to detain individuals following the dismissal of their case. This brief summarizes the key takeaways from the reports of AILA members and the broader policy implications.
DOS Determination Pursuant to Section 2(b)(2) of the Migration and Refugee Assistance Act of 1962
DOS public notice determining that assistance to migrants without legal basis to remain in the United States to voluntarily return to their country of origin or country of legal status will contribute to the foreign policy interests of the United States. (90 FR 23096, 5/30/25)