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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Latest AILA Law Journal is Live – Take a Look!
In this blog post, Danielle Polen, AILA's Director of Publications & Online Resources shares some highlights from the latest edition of the AILA Law Journal, hot off the presses this week with articles by leading experts on a wide array of issues affecting immigration law.
CA9 Says Government Not Required to Compensate Court-Appointed Pro Bono Counsel for Mentally Incompetent Petitioners
The court held that although it had the inherent authority to appoint pro bono counsel for the petitioner, who was mentally incompetent, it lacked the requisite statutory authority to order government compensation for his appointed counsel. (Perez v. Barr, 4/27/20)
CA3 Finds It Has Jurisdiction to Review Due Process Claims Where Petitioner Seeks Only Discretionary Relief
Granting petition for review, the court held that it has jurisdiction to review due process claims where a petitioner seeks only discretionary relief, and concluded that the petitioner presented a meritorious ineffective assistance of counsel claim. (Calderon-Rosas v. Att’y Gen., 4/27/20)
CA1 Remands Asylum Claim of Dominican Woman Who Asserted She Was “Unable to Leave” Domestic Relationship
The court held that there is no categorical rule precluding asylum or withholding of removal applicants from establishing membership in a particular social group defined in material part as women “unable to leave” a domestic relationship. (De Pena-Paniagua v. Barr, 4/24/20)
DHS Releases Memos on Investigations of Immigration Detention Conditions
DGS released several memos from the Office of Civil Rights and Civil Liberties regarding onsite investigations into conditions at various immigration detention facilities.
NARA Notice of Agency Records Schedules
NARA notice with proposed records schedules in which agencies propose to dispose of certain records. This notice includes an ICE schedule of records on the development and implementation of the ICE National Detention Standards. Comments are due 4/23/20. (85 FR 22755, 4/23/20)
Supreme Court Rules on Cancellation of Removal Eligibility of LPRs Who Have Committed Certain Serious Crimes
The U.S. Supreme Court held that, for purposes of cancellation of removal eligibility of a lawful permanent resident (LPR), an INA §212(a)(2) offense committed during the initial seven years of residence does not need to be one of the offenses of removal. (Barton v. Barr, 4/23/20)
CA8 Upholds Denial of Asylum to Mexican Mother Whose Son Was Kidnapped and Killed by Drug Cartels
The court held that substantial evidence supported BIA’s determination that petitioner did not suffer past persecution or have a well-founded fear of future persecution on account of membership in a social group consisting of immediate family members of her son. (Meza Cano v. Barr, 4/23/20)
BIA Orders Further Consideration of Ineffective Assistance Claim in Light of Referral to Disciplinary Committee
Unpublished BIA decision remands for further consideration of ineffective assistance claim in light of evidence submitted on appeal that the respondent’s complaint against his prior attorney was referred to a disciplinary committee. Special thanks to IRAC. (Matter of Nguyen, 4/22/20)
TRAC Finds Large Numbers at Risk in ICE Detention Facilities for the Coronavirus
TRAC released a report questioning ICE’s commitment to protecting detainees from COVID-19, finding that ICE has not released specifics about where at-risk detainees are being held. TRAC provided data on detention facilities, and top 10 detention facilities for immigrants with pending court cases.
AILA’s DOS Liaison Committee Raises Questions with DOS Offices Concerning Issues Related to COVID-19
AILA’s DOS Liaison Committee raised several questions with the DOS Visa Office, NVC, KCC, and WRD concerning guidance and potential accommodations in light of the COVID-19 pandemic. AILA will keep members updated with any responses provided to the committee.
ILRC: Immigration Preparedness Toolkit
The ILRC’s Immigration Preparedness Toolkit is a resource-packed informational document designed to help immigrants with no legal status or in mixed-status families begin to understand the immigration legal landscape and plan for their own journey through an ever-changing, complex system.
CA3 Says Persons Who Publicly Provide Assistance Against Major Salvadoran Gangs Are a Particular Social Group
The court held that people who publicly provide assistance against major Salvadoran gangs constitute a particular social group, and that the BIA erred in applying Myrie v. Attorney General when it denied CAT relief. (Guzman Orellana v. Att’y Gen., 4/17/20)
H.R. 6537: Federal Immigrant Release for Safety and Security Together Act (FIRST Act)
On 4/17/20, Representative Jayapal (D-WA), introduced the Federal Immigrant Release for Safety and Security Together Act (FIRST Act) (H.R. 6537) to require the release of most individuals detained by ICE during a national emergency related to a communicable disease. AILA endorses this bill.
BIA Rejects DHS Argument Involving Vacatur of Criminal Conviction
Unpublished BIA decision rejects DHS argument that the respondent’s conviction remained valid for immigration purposes because the state court order vacating conviction was drafted by his attorney. Special thanks to IRAC. (Matter of Fearon, 4/17/20)
CA4 Finds BIA Erred in Denying Asylum to Guatemalan Military Member Who Threatened to Report Human Rights Abuses
The court concluded that the petitioner—who had been ordered, and repeatedly refused, to torture and kill people—had established that the past persecution he suffered at the hands of the Guatemalan military was on account of his imputed political opinion. (Lopez Ordonez v. Barr, 4/16/20)
CA3 Finds Homosexual Petitioner from Ghana Qualifies as a Refugee Under the INA
The court held that the Ghanaian petitioner had suffered past persecution and had a well-founded fear of future persecution on account of his sexual orientation and identity as a gay man, and thus that he qualified as a refugee under the INA. (Doe v. Att’y Gen., 4/16/20)
BIA Holds Texas Burglary Statute Not a CIMT
Unpublished BIA decision holds that burglary of building under Texas Pen. Code 30.02 is not a CIMT because the target offense is not an element and could include simple assault. Special thanks to IRAC. (Matter of De Leon Gonzalez, 4/15/20)
BIA Reopens Proceedings Sua Sponte for TPS Recipient to Adjust Status
Unpublished BIA decision reopens proceedings sua sponte for respondent with TPS to adjust status in light of intervening decision in Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017). Special thanks to IRAC. (Matter of Castellanos, 4/14/20)
CA9 Remands After Finding BIA Violated Due Process in Making Marriage Fraud Determination
Where USCIS had denied an I-130 visa petition on the ground that the noncitizen spouse’s prior marriage had been fraudulent, the court held that the BIA had violated due process by relying on undisclosed evidence and by applying too low a standard of proof. (Zerezghi v. USCIS, 4/14/20)
AILA and Partners Send Letter to New Mexico Governor Urging Releases from ICE Detention Amid COVID-19 Pandemic
On April 14, 2020, AILA, the American Immigration Council, and the Santa Fe Dreamers Project sent a letter to Governor Michelle Lujan Grisham urging her to take steps to reduce the number of individuals in ICE custody in the state of New Mexico amid the coronavirus outbreak.
AILA and Partners Send Letter to New Jersey Governor Urging Releases from ICE Detention Amid COVID-19 Pandemic
On April 14, 2020, AILA, the American Immigration Council, and the American Friends Service Committee (AFSC) sent a letter to Governor Phil Murphy urging him to take steps to reduce the number of individuals in ICE custody in the state of New Jersey amid the coronavirus outbreak.
CA9 Says INA §241(a)(5) Permanently Bars Reopening a Reinstated Prior Removal Order
The court held that the language of INA §241(a)(5), which allows an immigration officer to reinstate a prior removal order, unambiguously and permanently bars reopening of the prior removal order under INA §239a(c)(7). (Padilla Cuenca v. Barr, 11/13/19, amended 4/14/20)
AILA and Partners Send Letter to Colorado Governor Urging Releases from ICE Detention Amid COVID-19 Pandemic
On April 13, 2020, AILA, the American Immigration Council, and the Rocky Mountain Immigrant Advocacy Network (RMIAN) sent a letter to Governor Jared Polis urging him to take steps to reduce the number of individuals in ICE custody in the state of Colorado amid the coronavirus outbreak.
Sample Complaint for Injunctive and Declaratory Relief in Immigration Habeas Case
Sample complaint, memo in support of motion for temporary restraining order (TRO), and motion for a TRO requesting injunctive and declaratory relief in immigration habeas case. Special thanks to Sabrina Damast. (Complaint, Amendment, Other Pleading; Motion for Injunctive Relief)