Featured Issues

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.

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Updates from EOIR

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AILA Announcements

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.

6/3/25 AILA Doc. No. 25060305. Expedited Removal, Removal & Relief
Federal Agencies, FR Regulations & Notices

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)

6/3/25 AILA Doc. No. 25060311. Removal & Relief
Client Flyers

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.

6/2/25 AILA Doc. No. 25060235. Detention & Bond, Expedited Removal, Removal & Relief
Client Flyers

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 Briefs

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.

5/30/25 AILA Doc. No. 25053003. Expedited Removal, Removal & Relief
Federal Agencies, FR Regulations & Notices

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)

5/30/25 AILA Doc. No. 25053011. Asylum & Refugees, Consular Processing, Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

BIA Finds That IJ Erred in Allowing Respondent Whose NTA Lacked Time and Place Information to Withdraw Her Pleadings

The BIA held that lack of time and place information on the Notice to Appear (NTA) did not render untrue or incorrect the respondent’s admission to the factual allegations or invalidate the charges of removability in the NTA. Matter of Lopez-Ticas, 29 I&N Dec. 90 (BIA 2025)

5/29/25 AILA Doc. No. 25053002. Removal & Relief
Cases & Decisions, Federal Court Cases

CA6 Denies Motion for Stay Where Petitioner Failed to Show Likelihood of Success and Irreparable Harm

The court denied the petitioner’s motion to stay the IJ’s removal order pending appeal, finding that he failed to show that he was likely to succeed on the merits of his underlying appeal and that he would be irreparably injured without a stay. (Sarkisov v. Bondi, 5/29/25)

5/29/25 AILA Doc. No. 25060302. Removal & Relief
Practice Resources

Third-Country Removals: Procedural Protections Afforded by the Preliminary Injunction in D.V.D. v. DHS

Class counsel issued a practice alert on third-country deportations and key protections under the D.V.D. v. DHS preliminary injunction for noncitizens with final removal orders under INA §§240, 241(a)(5), or 238(b), including withholding-only cases.

5/27/25 AILA Doc. No. 25052801. Removal & Relief
Practice Resources

Practice Alert: Increased Reports of ICE Arrests at Immigration Courts Nationwide

AILA members report a sharp increase in ICE arrests at immigration courts around the country.

5/22/25 AILA Doc. No. 25052103. Detention & Bond, Removal & Relief
Correspondence

AILA Sends Letter to EOIR Over Unethical Flyers

On May 22,2025, AILA sent a letter to the Executive Office of Immigration Review (EOIR) in concern over the flyers being distributed by immigration judges that contain misleading information to respondents.

5/22/25 AILA Doc. No. 25052201. Removal & Relief
AILA Announcements

Take Action: Urge Congress to Hold EOIR Accountable and Stop the Distribution of Legally Inaccurate “Self-Deportation” Flyers

EOIR is distributing legally inaccurate flyers titled “Message to Illegal Aliens: A Warning to Self-Deport” that undermine due process and judicial neutrality. Join AILA and IJC in urging Congress to demand EOIR halt these flyers and uphold fairness in immigration courts.

5/22/25 AILA Doc. No. 25052231. Removal & Relief
Practice Resources

Practice Alert: ICE Arrests at USCIS Interviews

AILA reports a rise in ICE arrests at USCIS interviews and check-ins nationwide, targeting individuals with prior removal orders, criminal history, or suspected fraud. Members are urged to prepare clients and report incidents to AILA’s liaison committee.

5/22/25 AILA Doc. No. 25052232. Detention & Bond, Removal & Relief
Examples & Questions

Call for Examples: Asylum Application Pretermitted

On April 11, 2025, EOIR issued a memorandum encouraging immigration judges to pretermit applications for asylum if they did not state a prima facie claim. To understand how the memo is being implemented across the country, please complete this survey if you've had an asylum application pretermitted.

5/22/25 AILA Doc. No. 25052203. Asylum & Refugees, Removal & Relief
Practice Resources, Sample Briefs

Template Opposition to Motion to Recalendar

Last week AILA was alerted that ICE OPLA would be filing Motions to Recalendar in all administratively closed cases before July 9, 2025. AILA and CLINIC have created a template opposition to help attorneys as they respond to these filings.

5/21/25 AILA Doc. No. 25052102. Removal & Relief
Litigation Resources, AILA Announcements

Late-Breaking Seminar: Habeas Corpus

Join AILA on 6/6/25 to learn advanced legal strategies using habeas corpus to get clients released from detention. Our expert panelists will discuss recent developments, statutory and constitutional underpinnings, remedies, and novel uses of habeas to confront unprecedented executive actions.

AILA Announcements

Late-Breaking Seminar: Alien Registration Requirement

The latest version of the Alien Registration Requirement (ARR) has raised many questions, both for noncitizens and the attorneys advising them. Join us on 6/4/25 to learn about addressing the ARR with clients, the role of fingerprinting, evidence of registration, ethical considerations, and more.

Cases & Decisions, Federal Court Cases

CA2 Upholds Asylum Denial Where Petitioner Relied on General Country Conditions Evidence and Single Incident of Police Misconduct

The court held that petitioner’s testimony regarding a single incident of police misconduct was insufficient to show that the Indian government was unable or unwilling to protect him, and that general country conditions evidence did not compel a different result. (Singh-Kar v. Bondi, 5/21/25)

5/21/25 AILA Doc. No. 25052701. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA1 Finds That Mailing Petition for Review Does Not Constitute Filing the Petition

The court held that although the petitioner mailed his petition for review before the expiration of the statutory deadline for filing the petition, he failed to ensure that the clerk received it by that deadline, and thus failed to timely file his petition. (Goncalves v. Bondi, 5/20/25)

5/20/25 AILA Doc. No. 25052700. Removal & Relief
Cases & Decisions, Federal Court Cases

CA9 Holds That Substantial Evidence Standard of Review Applies to Hardship Determination in Cancellation of Removal Cases

The court held that the substantial evidence standard of review applies to the hardship determination in cancellation of removal cases, and that substantial evidence supported the BIA’s hardship determination as to the Mexican petitioner. (Gonzalez-Juarez v. Bondi, 5/20/25)

5/20/25 AILA Doc. No. 25052702. Cancellation, Suspension & 212(c), Removal & Relief
Practice Resources

Arguing Against Pretermission of Asylum Cases in Immigration Court

This practice pointer outlines legal arguments for challenging pretermission of asylum applications for clients in removal proceedings. This comes after EOIR's recent policy memo, PM 22-28, published on April 11, 2025.

5/19/25 AILA Doc. No. 25051905. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA2 Finds That District Court Lacked Jurisdiction to Review USCIS’s Denial of Adjustment of Status Application

The court held that a denial of an application for adjustment of status under INA §245 is a “judgment” for purposes of INA §242(a)(2)(B)(i), regardless of whether it is issued by an immigration court or USCIS. (Xia v. Bondi, 5/19/25)

5/19/25 AILA Doc. No. 25052033. Adjustment of Status, Removal & Relief
Practice Resources

Practice Alert: Reports of BIA Setting Briefing Deadlines in ECAS Without Issuing Briefing Schedule

Members report seeing BIA briefing deadlines appear in ECAS without the issuance of a briefing schedule. AILA is urging members to check ECAS on all pending BIA cases.

5/16/25 AILA Doc. No. 25051503. Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

BIA Finds Respondent Was Detained under INA §235(b) and Ineligible for Release on Bond

The BIA held that an applicant for admission who is arrested and detained without a warrant while arriving in the United States and then placed in removal proceedings is detained under INA §235(b) and ineligible for release on bond under INA §236(a). Matter of Q. Li, 29 I&N Dec. 66 (BIA 2025)

5/16/25 AILA Doc. No. 25051603. Detention & Bond, Removal & Relief
Federal Agencies, Agency Memos & Announcements

Presidential Proclamation Establishing “Project Homecoming”

On 5/9/25, President Trump signed a proclamation that creates a process for departure for undocumented immigrants using the CBP Home app, provides government-funded flights and an exit bonus, directs DHS to increase its enforcement and removal operations force, and more. (90 FR 20357, 5/14/25)

5/14/25 AILA Doc. No. 25051200. Removal & Relief