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 Holds It Does Not Retain Jurisdiction After Remand and That a Decision Without Another Hearing Did Not Deny Due Process
The BIA held it does not retain jurisdiction after remanding the record to the immigration court, and that IJ’s issuance of a new decision on remand without another hearing did not violate the remand order or deprive respondent of due process. Matter of C–M–H–H–, 30 I&N Dec. 124 (BIA 2026)
Practice Alert: Third Country Removal Litigation Impacts in D.V.D. v. DHS; Continue Emergency Litigation and Monitor Removal
The U.S. Supreme Court on 9/29/26 allowed third country removals (TCR) to resume, for now. It granted the government's request for a stay of the ruling that a class of noncitizens subject to TCR are entitled to meaningful notice and a chance to raise fears of harm in the third countries.
EOIR Notice of FY27 Inflationary Adjustment for Certain Form Fees Under HR 1
EOIR notice of inflationary fee adjustment of immigration-related filing fees for certain DHS forms filed with EOIR under HR 1 for FY27. Fees will increase for Forms I-485, I-601, and I-821, as well as the Annual Asylum Fee (Form I-589). The new fees are effective 10/1/26. (91 FR 61447, 9/29/26)
BIA Holds That IJs May Pretermit Application for Asylum and Withholding Without Filing of Motion by DHS
The BIA held that an IJ may pretermit an application for asylum and withholding of removal without the filing of a motion by DHS, and affirmed the pretermission where the respondent did not set forth prima facie claims for the relief sought. Matter of G–R–B–, 30 I&N Dec. 102 (BIA 2026)
Policy Brief: Hidden ICE-Run Immigration Courts Threaten Due Process
EOIR is scheduling immigration hearings in DHS-operated spaces not traditionally used as courts. This policy brief explores how the use of these hidden courts threatens due process and judicial independence and offers solutions to ensure immigration courts are independent of political interference.
AILA Submits Comment Opposing EOIR NPRM Allowing Immigration Judges to Impose Monetary Penalties for Findings of Contempt
AILA submitted a comment opposing a EOIR NPRM that would allow immigration judges to impose monetary penalties on private attorneys, clients, and witnesses in the courtroom who are found in contempt. AILA urges EOIR to withdraw the rule in its entirety.
CA9 Holds BIA Legally Erred by Failing to Consider Evidence That Petitioner Paid His Voluntary Departure Bond
The court held that the BIA legally erred by failing to consider the receipt showing the petitioner paid his voluntary departure bond, the only relevant evidence on a dispositive issue, and that the failure was a question of law, not a fact question. (Perez-Garcia v. Blanche, 9/25/26)
BIA Finds Reopening Unwarranted Where Due Process Claim Was Speculative and Wholly Unsupported by Evidence in Record
The BIA held that reopening was unwarranted because the respondent’s claim of a lack of due process was speculative, based on a series of false assumptions and fallacious reasoning, and wholly unsupported by the actual evidence in the record. Matter of M–K–, 30 I&N Dec. 84 (BIA 2026)
EOIR Announces 47 Immigration Judges and 6 Temporary Immigration Judges
EOIR announced the investiture of 47 IJs and 6 temporary IJs who joined immigration courts in California, Florida, Georgia, Illinois, Indiana, Louisiana, Massachusetts, Michigan, New Jersey, New York, Tennessee, Texas, Utah, Virginia, and Washington.
EOIR Releases Updated Fact Sheet on Observing Court Hearings
EOIR released an updated fact sheet on observing court hearings. Notably, this version permits people to observe web-only hearings over Webex. It explicitly states that observers will not be permitted to attend via Webex if the judge, respondent, or counsel is appearing in a physical courtroom.
BIA Holds That Cocaine Admission Bars Adjustment and That the Offense’s Essential Elements Need Not Be Explained Before the Admission
The BIA held that respondent’s admission to possessing and using cocaine made him inadmissible under INA §212(a)(2)(A)(i)(II) and thus ineligible for adjustment, and that he need not first be informed of the offense’s essential elements. Matter of Mendez Maldonado, 30 I&N Dec. 62 (BIA 2026)
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.
DHS Notice Extending the Finding of Mass Influx of Aliens
DHS notice stating that DHS Secretary Markwayne Mullin is further extending the “Finding of Mass Influx of Aliens” first issued on 1/23/25. This extension, dated 9/21/26, will expire in 180 days. (91 FR 59795, 9/21/26)
Practice Alert: ICE Detainee Locator No Longer Showing Final-Order Cases
AILA members are reporting that, as of mid-September 2026, the Immigration and Customs Enforcement (ICE) Online Detainee Locator System (ODLS) is no longer providing information on individuals with final removal orders. AILA is continuing to monitor the issue.
CA9 Holds Due Process Was Violated by In Absentia Order Where Sole Hearing Notice Went to Residential Address Provided on Bond Form
The court held that the government violated due process by ordering the petitioner removed in absentia after sending the only notice of his hearing to a residential address provided by third parties on a bond form that did not ask for a mailing address. (Meza Medina v. Blanche, 9/18/26)
BIA Overrules Matter of Kanga and Holds That Noncitizen Convicted of Aggravated Felony Is Inadmissible as Ineligible to Citizenship
The BIA held that a noncitizen convicted of an aggravated felony is inadmissible under INA §212(a)(8)(A) as an immigrant ineligible to citizenship, overruled Matter of Kanga, and held that its decision applies prospectively only. Matter of A–V–O–, 30 I&N Dec. 44 (BIA 2026)
CA2 Holds That Conspiracy to Violate Paragraph Four of 18 USC §1546(a) Is Categorically a CIMT
The court held that paragraph four of 18 USC §1546(a) categorically describes a crime involving moral turpitude (CIMT), including when a person presents a required immigration document knowing it lacks any reasonable basis in law or fact. (Nemis v. Blanche, 9/17/26)
Policy Brief: Unchecked ICE Violence Sweeps in More U.S. Citizens, People with Legal Status, and People Applying for Legal Status
Since the start of the Administration, ICE has been responsible for countless unlawful and violent abuses against immigrants and U.S. citizens, leading to serious injury and death. This policy brief highlights recent abuses and offers AILA’s solutions for reforming the system.
EOIR Notice of Extension and Revision of Form EOIR-59, Certification and Release of Records
EOIR 30-day notice of the extension and revision of Form EOIR-59, Certification and Release of Records. Revisions include a new field to collect parent or guardian name, removal of the term “noncitizen”, and updated links and privacy policy. Comments are due 10/13/26. (91 FR 57930, 9/11/26)
BIA Holds Declarants Need Not Be Made Available for Cross-Examination Before IJ Can Consider Declarations for Inter-Proceeding Comparison
The BIA held that redaction of personally identifying information from inter-proceeding declarations provides sufficient protection of the declarants’ privacy and that declarants need not be made available for cross-examination before comparison. Matter of V–S–A–, 30 I&N Dec. 37 (BIA 2026)
Think Immigration: How the Trump Administration Is Monetizing Immigration Enforcement on the Back End
AILA Member Gunda Brost describes recent efforts by the Trump Administration to impose fines on individuals and businesses, writing that such notices “are essentially legal proceedings—not simply bills” and that one must “respond in a timely manner or important rights could be lost.”
CA9 Holds That Persecutor Bar Contains No Implied Duress Defense
The court held that the persecutor bar contains no implied duress defense and that evidence of the petitioner’s ties to the Atonal Battalion in El Salvador, together with an unchallenged adverse credibility finding, supported application of the bar. (Perez-Castillo v. Blanche, 9/8/26)
CA7 Holds That Petitioner Failed to Exhaust Challenges to Essential Elements of Asylum, Withholding, and CAT Claims
The court held that the petitioner failed to exhaust administrative remedies because she did not adequately present to the BIA arguments challenging essential grounds for the denial of asylum, withholding of removal, and CAT protection. (Gonzalez Perez v. Blanche, 9/8/26)
CA2 Holds That CBP Has Authority to Reopen, Reconsider, and Rescind Reinstatement Orders
The court held that reinstatement orders are final orders of removal subject to review, that petitioner was not entitled to equitable tolling of his untimely petition, and that 8 CFR §103.5(a) authorizes CBP to reopen, reconsider, and rescind reinstatement orders. (Santos v. Blanche, 9/8/26)
EOIR Policy Memorandum (PM) 26-07 on In-Office Adjudicator Voluntary Transfer Policy
EOIR Acting Director Sirce E. Owen issued policy memorandum (PM) 26-07 establishing a uniform policy for the processing of voluntary, in-person duty station transfer requests by EOIR adjudicators.