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
Think Immigration: What Would Dolly Do? Carrying Her Compassion into Immigration Advocacy
Drawing on Dolly Parton’s legacy of compassion, dignity, and hope, AILA Board Member Brittany Faith reflects on how Dolly's recording of “Deportee” speaks to immigration advocacy today: honoring the names, stories, and humanity of those our members represent and defend.
EOIR Final Rule on Inflation Adjustments for FY2027 EOIR Fees
EOIR final rule implementing inflation adjustments to FY2027 EOIR fees as a result of the provisions in H.R. 1. Fee increases for forms and motions range between $20 and $50 and are effective for all filings submitted on or after 10/1/26. (91 FR 54211, 8/21/26).
CA11 Finds Florida Robbery by Sudden Snatching Is Categorically an Aggravated Felony Theft Offense Under INA §101(a)(43)(G)
The court held that a Florida conviction for robbery by sudden snatching is categorically an aggravated felony theft offense under INA §101(a)(43)(G), rendering the petitioner ineligible for cancellation of removal under INA §240A(a). (Ramdial v. U.S. Att’y Gen., 8/21/26)
DOJ 60-Day Notice of Revision and Extension of Forms EOIR-42A and EOIR-42B
DOJ notice of revision and extension of Form EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents and Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents. Comments are due 10/19/26. (91 FR 53897, 8/20/26)
CA2 Says Conviction Under INA §101(a)(48)(A) Requires Criminal Procedure Protections and a Criminal Sentence
The court held that a conviction under INA §101(a)(48)(A) is a formal judgment of guilt from a criminal proceeding affording minimum constitutional protections and a criminal sentence, and that the petitioner’s New Jersey disorderly persons offense qualified. (Wong v. Blanche, 8/19/26)
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.
BIA Holds That Noncitizens May File Only One Motion to Reopen and That Equitable Tolling Does Not Apply to the Number Bar
The BIA held a noncitizen may file only one motion to reopen, whether with the immigration court or the BIA, subject to the statutory exception for battered spouses, children, and parents, and equitable tolling does not apply to the number bar. Matter of M–M–L–J–, 29 I&N Dec. 843 (BIA 2026)
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)
CA8 Finds Substantial Evidence Supported No Nexus Between Domestic Abuse and Guatemalan Petitioner’s Proposed Social Groups
The court held that substantial evidence supported the denial of asylum, withholding, and CAT relief because the record did not compel a finding that petitioner’s abuse was on account of a proposed social group or that Guatemala would acquiesce in torture. (Matias-Pablo v. Blanche, 8/14/26)
CA5 Finds INA §242(a)(2) Does Not Strip Jurisdiction to Review Denial of Motion to Submit Late-Filed Evidence
The court held that INA §242(a)(2) does not strip jurisdiction to review the denial of a motion to submit late-filed evidence, and that substantial evidence supported the BIA’s adverse credibility determination and its denial of CAT deferral of removal. (Lopez-Barrera v. Blanche, 8/14/26)
CA5 Holds That False Use of a Passport Under 18 USC §1543 Is Categorically a CIMT
The court held that a false use of a passport conviction under 18 USC §1543 was categorically a crime involving moral turpitude (CIMT), requiring the Nigerian petitioner, an LPR, to seek admission upon returning to the United States under INA §101(a)(13)(C)(v). (Ademola v. Blanche, 8/14/26)
CA5 Holds That Removal Under INA §237(a)(4)(A)(i) for Violating an Export Law Is Not Limited to National Security Threats
The court held that the removal ground for export law violations, INA §237(a)(4)(A)(i), is not limited to national security threats and covered the petitioner’s unlawful export of firearms, and that substantial evidence supported the denial of CAT deferral. (Olibris v. Blanche, 8/14/26)
CA9 Holds That Former Salvadoran Police Officer Failed to Show Persecution Was on Account of His Former Police Status
The court held that substantial evidence supported the finding that the petitioner, a former Salvadoran police officer, failed to establish a nexus to his status as a former officer, because all the threats he received occurred while he was still active. (Gonzalez-Argueta v. Blanche, 8/13/26)
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)
CA9 Holds That Oregon Conviction for Using a Child in Display of Sexually Explicit Content Is Categorically a Crime of Child Abuse
The court held that the Mexican petitioner’s Oregon conviction for using a child in a display of sexually explicit content was categorically a crime of child abuse, child neglect, or child abandonment, rendering him removable under INA §237(a)(2)(E)(i). (Gonzalez-Godinez v. Blanche, 8/10/26)
CA9 Finds Petitioner’s California Conviction for Distributing Harmful Matter to Minor Was Categorically a Crime of Child Abuse
The court held that the Mexican petitioner’s conviction under California Penal Code §288.2(b) for distributing harmful matter to a minor to seduce that minor was categorically a crime of child abuse under INA §237(a)(2)(E)(i) barring cancellation of removal. (Adame Garcia v. Blanche, 8/10/26)