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
DHS Notice of U.S.-Ecuador Agreement on Transfer of Third-Country Nationals to Ecuador
DHS published the Agreement between the Government of the United States of America and the Government of the Republic of Ecuador relating to the transfer of third-country nationals to Ecuador, effected by exchange of diplomatic notes on 7/16/25 and 7/23/25. (90 FR 51376, 11/17/25)
BIA Holds That Isolated Police Refusal Does Not Establish Government Unwillingness to Protect
The BIA held that a single attempt to report harm by private actors to local police, without further police harm or evidence of widespread collusion with the alleged persecutors, does not show the government is unable or unwilling to protect. Matter of K-S-H-, 29 I&N Dec. 307 (BIA 2025)
BIA Finds IJ Improperly Granted Administrative Closure Absent Prima Facie SIJ Eligibility
The BIA held that, given the respondent’s failure to submit evidence of his prima facie eligibility for SIJ classification and the extended delay in the availability of a visa, the IJ erred in granting administrative closure. Matter of Cahuec Tzalam, 29 I&N Dec. 300 (BIA 2025)
Practice Alert: Information on New Temporary Immigration Judges
AILA National shares a practice alert with information on twenty-five recently appointed temporary immigration judges (TIJ) who began adjudicating cases on 10/27/25. Available information includes judge name, court of practice, personal biographies, and more.
CA5 Holds Forfeiture Order Can Constitute Clear and Convincing Evidence of Funds Laundered under INA §101(a)(43)(D)
The court held that an unrebutted forfeiture order entered against a noncitizen finding a specific amount of laundered funds attributable to their conduct of conviction can be clear and convincing evidence of the funds amount under INA §101(a)(43)(D). (Dominguez Reyes v. Bondi, 11/6/25)
CA9 Holds That BIA Abused Its Discretion by Declining to Remand to IJ for Competency Determination
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, amended 11/10/25)
CA9 Stays Panel Order Denying Stay of Removal for Peruvian Family in Asylum Case Pending En Banc Vote
The court stayed its 10/24/25 panel order denying a motion for a stay of removal for a Peruvian family, after a judge requested a vote on en banc rehearing. The panel vacated oral argument and allowed optional supplemental briefs on the en banc question. (Rojas-Espinoza v. Bondi, 11/10/25)
CA5 Upholds BIA’s Denial of VAWA Special Rule Cancellation Based on Lack of Corroboration
The court held that substantial evidence supported the BIA’s determination that petitioner failed to show eligibility for VAWA special rule cancellation because she did not provide reasonably available corroborating evidence of battery or extreme cruelty. (Calderon-Uresti v. Bondi, 11/6/25)
NPR: A Deep Dive into the Trump Administration's Firing of Immigration Judges
NPR reports that the Trump Administration is firing scores of immigration judges and bringing on dozens of others, as it seeks to boost mass deportations. In this five-minute-long listen (transcript also provided), NPR analyzes patters in hiring and firing.
CA4 Remands for BIA to Apply Correct Standard of Review to Analysis of INA §101(f)(6)’s False Testimony Bar
The court held that the BIA improperly reviewed for clear error the legal question of whether the petitioner’s testimony as to aliases constituted “testimony” under INA §101(f)(6)’s false testimony bar rather than applying the correct de novo review. (Martinez-Martinez v. Bondi, 11/5/25)
CA5 Upholds BIA’s Denial of Guatemalan Petitioner’s 19-Years-Late Motion to Reopen
The court held that the BIA did not abuse its discretion in concluding that the petitioner’s 19-years-late motion to reopen was untimely and was not entitled to equitable tolling, finding that the petitioner failed to diligently pursue his rights. (Rosa Arevalo v. Bondi, 11/5/25)
Practice Alert: What Happens When the Government Shuts Down?
AILA National shares information on how federal agencies may be affected as a result of the government shutdown. This page will continue to be updated as more information is received.
Practice Alert: New Asylum Application Fees and Category (c)(8) Employment Authorization Document Fees Mandated by H.R.1
The Asylum and Refugee Committee, in coordination with the EOIR Committee, are issuing this practice alert to clarify the H.R.1-imposed fees on new and pending asylum applications. This document will continue to be updated with any new or updated guidance.
Staying Brave is Hard for Immigrants and Attorneys Alike
AILA Elected Director Heather Prendergast describes a recent consultation that deeply affected her as a young Venezuelan couple faces detention and removal after a routine traffic stop upended their lives.
BIA Holds That Asylum Seekers Must Prove “More Likely Than Not” Persecution in Third Country to Overcome ACA Bar
The BIA held that respondents subject to an asylum cooperative agreement (ACA) must prove by a preponderance of evidence they will more likely than not be persecuted or tortured in the third country to avoid the safe third country bar. Matter of C–I–G–M– & L–V–S–G–, 29 I&N Dec. 291 (BIA 2025)
CA4 Finds BIA Failed to Meaningfully Consider Country-Conditions Evidence Regarding Violence Against Women in Honduras
The court held that the BIA abused its discretion by failing to fully consider the country-conditions evidence that the Honduran petitioner put forth to support her claims for asylum, withholding of removal, and Convention Against Torture (CAT) protection. (Alfaro-Zelaya v. Bondi, 10/31/25)
CA11 Upholds Petitioner’s Removability Based on Florida Conviction for Child Neglect
The court upheld the removability of the petitioner, finding that his Florida conviction for engaging in an act of culpably negligent child neglect that did not result in serious injury constituted a “crime of child abuse” under INA §237(a)(2)(E)(i). (Bastias v. Att’y Gen., 10/30/25)
Featured Issue: U.S. Immigration Courts under Trump 2.0
The U.S. immigration court system plays a critical role in ensuring due process and fair hearings for people facing deportation. But the Trump Administration has made significant changes that challenge the integrity of these courts. On this page, you will find news and resources on these changes.
Call for Examples: Documenting Due Process in Immigration Courts
AILA is collecting examples from practitioners to illustrate the real-world impact of recent immigration court policies and practices. Your responses will help us document systemic problems to strengthen our advocacy efforts and provide a clearer picture of how these policies affect people in court.
Client Flyer: Deferred Action for Childhood Arrivals (DACA)
AILA provides an updated flyer to share with clients with the most up to date information considering active litigation and government shutdown.
Practice Pointer: USCIS Transition to “Electronic Payments” and Implements ACH Debit Payment Option for Filing Fees
Please note that, due to inconsistencies in USCIS's initial communications about this change, earlier communications from AILA stated October 28 was the last day for paper-based payments; however, USCIS has confirmed to AILA that only electronic payments will be accepted beginning on October 28.
EOIR Announces 11 Immigration Judges and 25 Temporary Immigration Judges
EOIR announced the investiture of 11 immigration judges and 25 temporary immigration judges in California, Connecticut, Florida, Illinois, Indiana, Louisiana, Maryland, Massachusetts, Missouri, New York, North Carolina, Tennessee, Texas, Utah, Virginia, and Washington.
CA2 Holds That Qualifying “Child” Must Be under 21 When Cancellation Application Is Adjudicated
The court held that a qualifying “child” under INA §240A(b)(1)(D) must be under 21 at the time the cancellation of removal application is adjudicated, rejecting petitioner’s claim that his daughter’s age at the time of filing or the hearing should control. (Yupangui-Yunga v. Bondi, 10/24/25)
CA9 Denies Motion to Stay Removal Where Petitioners Failed to Show Likelihood of Success or Irreparable Harm
The court denied the petitioners’ motion to stay removal pending disposition of their petition for review, finding they failed to show a likelihood of success on their asylum and related claims or particularized irreparable harm under Nken v. Holder. (Rojas-Espinoza v. Bondi, 10/24/25)
BIA Holds That IJs Lack Authority to Terminate Withholding-Only Proceedings
The BIA concluded that discretionary termination of an applicant’s withholding-only proceedings is prohibited by 8 CFR §1208.2(c)(3)(i). Matter of J–A–N–M–, 29 I&N Dec. 287 (BIA 2025)