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
American Immigration Council Special Report: Mass Deportation
The American Immigration Council provides an estimate of the fiscal and economic cost should the government deport the roughly 11 million people who, as of 2022, lacked permanent legal status and faced the possibility of removal.
Practice Alert: EOIR Issues Memo on NTAs Filed by DHS
AILA provided a practice alert after EOIR issued a memorandum with updated guidance on NTAs filed by DHS. This memo cancels a 2018 memo issued by former EOIR Director James R. McHenry, III. The 2024 memo is currently in effect.
Biden Administration Cements Harmful Asylum Restrictions
AILA President Kelli Stump and Executive Director Ben Johnson respond to the Biden Administration’s codification of harmful policies that are already undermining U.S. asylum law and denying fair access to humanitarian protection for vulnerable individuals and families.
Points of Contact for Credible Fear Interviews in CBP Custody
DHS provided a “Points of Contact for Credible Fear Interviews in CBP Custody” spreadsheet. This includes contacts for Border Patrol, USCIS Asylum, and EOIR.
Venue Challenges in APA Immigration Cases
NILA created a practice alert discussing the venue choices a plaintiff has under 28 U.S.C. § 1391(e) when challenging a decision or delay in decision-making by USCIS under the Administrative Procedure Act, as well as considerations that inform venue selections.
CRS Provides FAQs on Credible Fear and Defensive Asylum Processes
The CRS report addresses FAQs about credible fear and asylum, including those related to expedited and formal removal processes; credible fear screening processes, criteria, and legislative history; procedural protections; and data regarding credible fear and asylum outcomes.
BIA Holds That Respondent’s Convictions for Retail Theft in Pennsylvania Were Not Categorically CIMTs
The BIA held that the respondent’s convictions for retail theft in Pennsylvania were categorically not for crimes involving moral turpitude (CIMTs) because the statute does not require an intent to permanently deprive the victim of property. Matter of Thakker, 28 I&N Dec. 843 (BIA 2024)
CA6 Finds BIA Erred in Making No-Nexus Determination with Regard to Guatemalan Petitioners’ Family Membership PSG
The court held that the BIA erred in concluding that the petitioners had failed to establish a sufficient nexus between their persecution and their family membership, and thus vacated the denial of their asylum and withholding of removal claims. (Mazariegos-Rodas, et al. v. Garland, 9/20/24)
CA5 Holds That Petitioner’s Louisiana Conviction for Accessory After the Fact to Armed Robbery with a Firearm Was Not an Aggravated Felony
The court held that Louisiana’s accessory-after-the-fact statute was not a categorical match for the generic federal offense of obstruction of justice, and was thus not an aggravated felony under INA §101(a)(43)(S) that would permit expedited removal. (Lopez Orellana v. Garland, 9/18/24)
CA8 Reverses Habeas Decision After Finding That Appellee’s Year-Long Detention Did Not Violate His Due Process Rights
The court reversed the judgment of the district court and remanded for the denial of the appellee’s habeas petition, concluding that, pursuant to U.S. Supreme Court precedent, due process imposes no time limit on detention pending removal. (Banyee v. Garland, et al., 9/17/24)
CA9 Remands for BIA to Assess Whether Exceptional Circumstances Warranted Recission of Petitioner’s In Absentia Removal Order
The court held that the BIA did not consider the totality of the circumstances, and thus granted the petition for review and remanded for the BIA to more fully address whether exceptional circumstances warranted recission of petitioner’s in absentia removal order. (Singh v. Garland, 9/17/24
EOIR's Varick Immigration Court to Host Model Hearing Program Event
Join the EOIR's Model Hearing Program on 9/30/24, at New York – Varick Immigration Court and via Webex. This event offers crucial training on Asylum, Withholding of Removal, and related protections. Register by email for in-person attendance or via Webex. For details, contact PAO.EOIR@usdoj.gov.
Practice Management Resources
The practice of law is a profession, but your law practice is a business. Whether you seek assistance with managing your work flow, obtaining new clients, dealing with staff, enhancing finances, or incorporating technology, AILA resources can help you achieve even greater success.
EOIR Announces Language Access Plan
EOIR has unveiled its Language Access Plan, in accordance with Executive Order No. 13166, to enhance services for individuals with limited English proficiency. This plan reflects EOIR's commitment to ensuring equitable access while aligning with DOJ's broader efforts.
CA2 Finds BIA Incorrectly Applied “Unable or Unwilling to Control” Standard Where Honduran Petitioner Was Abused as a Child
The court found that, in deciding that petitioner failed to show that Honduran officials were unable or unwilling to protect her, the BIA failed to consider whether it would have been futile for an abused child to seek protection from the government. (Castellanos-Ventura v. Garland, 9/13/24)
Think Immigration: BIA Hands Immigration Judges the Whiteout to “Fix” Defective NTAs
AILA Past President Jeremy McKinney writes about the BIA decision in Matter of R- T- P- allowing immigration judges to “cure” defective NTAs, making them an agent of the prosecutors. This is the latest sign that an independent immigration court is necessary to ensure justice and due process.
CA9 Holds That Petitioner’s Municipal Convictions for Petty Larceny Were CIMTs
Denying the petition for review, the court found that the BIA correctly concluded that petitioner’s petit larceny convictions under Reno Municipal Code §8.10.040 were crimes involving moral turpitude (CIMTs) that rendered him removable under INA §237(a)(2)(A)(ii). (Lopez v. Garland, 9/11/24)
Think Immigration: From “Alien” to “Noncitizen”: The Subtle Power of Language in U.S. Appellate Courts
AILA Law Student Member Bill De La Rosa and co-author Zachary Neilson-Papish share new research examining how terms like “alien” and “noncitizen” have been used in U.S. courts of appeal in an effort to “gain insights into potential biases and work toward a more equitable legal system.”
Practice Pointer: Using ICE’s Electronic G-28 Platform (ERO E-File) for Adults and Minors
AILA provides tips on using ICE's ERO E-File, which launched on February 28, 2024, and updated on August 9. ERO E-File is an online system for attorneys to electronically file Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative) with ICE.
BIA Says That IJ May Make Written Amendments to Remedy Noncompliant NTA upon DHS’s Motion
The BIA held that written amendments made by an IJ, upon the motion of DHS, to the time and place of the hearing on the Notice to Appear (NTA) may satisfy the requirements for a proper remedy to a noncompliant NTA. Matter of R–T–P–, 28 I&N Dec. 828 (BIA 2024)
Practice Alert: Biometrics Fees for EOIR 42A and EOIR 42B Changed April 1
AILA reminds members that as of 4/1/24, the biometric fee for EOIR 42A and EOIR 42B is $30. This change (previously $85) has been leading to an increased number of USCIS rejections.
CA9 Remands Denial of Petitioner’s Motion to Reopen Where BIA Misconstrued Nature of Vacatur of Petitioner’s California Conviction
The court granted the petition for panel rehearing and issued an amended opinion in the case, which held that the BIA misconstrued the nature of the vacatur of petitioner’s California conviction and misapplied the court’s equitable tolling precedent. (Bent v. Garland, 8/15/24, amended 9/6/24)
Practice Pointer: Using the ICE Case Review Process
AILA’s National ICE Liaison Committee provides an updated practice pointer on using the ICE Case Review (ICR) process to overturn negative custody determinations or stays of removal at the local field office level.
CA2 Upholds Denial of Cancellation of Removal to Petitioner Whose Daughter Had Mental Health Conditions
The court held that the BIA and IJ did not err in denying cancellation of removal, upholding the conclusion that the hardships the petitioner’s daughter might face were not exceptional and extremely unusual as required by INA §240A(b)(1)(D). (Garcia Carrera v. Garland, 7/3/24, amended 9/3/24)
AILA Submits Amicus to Supreme Court on "Realistic Probability" Test
AILA submitted amicus brief to the Supreme Court arguing that the "realistic probability" test should not apply in every categorical approach case because there are cases in which the statute of conviction is, on its face, broader than the generic federal offense.