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
Practice Alert: ICE to Start Notifying Attorneys When Detained Clients are Transferred
Beginning May 1, 2025, U.S. Immigration and Customs Enforcement (ICE) will send attorneys, EOIR-accredited representatives, and law students automatic notices when their clients are transferred between facilities.
CA4 Upholds Denial of Cancellation Where IJ Found Petitioner Lacked Good Moral Character Based on Catchall Provision
The court held that substantial evidence supported the IJ’s decision finding that the petitioner lacked good moral character based on the catchall provision in INA §101(f), and thus that he was ineligible for cancellation of removal pursuant to INA §240A(b). (Ibarra v. Bondi, 4/29/25)
DHS Provides a Privacy Impact Assessment for CPB Home
DHS released a Privacy Impact Assessment addressing privacy risks in the collection, maintenance, use, and dissemination of the CBP Home application information.
CA1 Holds That BIA Erred by Relying on IJ’s Inadequate Nexus Analysis as to Ecuadorian Petitioner’s Asylum Claim
The court held that the BIA erred by not applying de novo review to the IJ’s ultimate nexus determination and by not recognizing or correcting the IJ’s failure to conduct the appropriate mixed-motivation nexus analysis in reaching its decision. (Mayancela Guaman v. Bondi, 4/28/25)
EOIR Issues Policy Memo Rescinding and Canceling OPPM on Change of Venue Requests
On 4/25/25, EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-30 rescinding and canceling the 1/17/18 Operating Policies and Procedures Memorandum (OPPM) 18-01, “Change of Venue,” which provided guidance to EOIR adjudicators regarding changes of venue in immigration court.
DHS Notice of Availability of Draft Programmatic Environmental Assessment for Actions Related to MPP Program
DHS notice of availability of the Draft Programmatic Environmental Assessment (PEA) and Draft Finding of No Significant Impact (FONSI) for the proposed resumption of the Migrant Protection Protocols (MPP) program along the U.S. southern border. Comments are due by 5/27/25. (90 FR 17441, 4/25/25)
Featured Issue: Practicing under the New Trump Administration
This page curates resources from AILA and other organizations that members may find helpful as they adapt to practicing under the new Trump Administration.
CA1 Finds BIA Provided Insufficient Explanation for Denying Cancellation of Removal to Guatemalan Petitioners
The court held that the BIA failed to sufficiently explain its rationale for finding the Guatemalan petitioners did not make a prima facie showing that their removal would cause exceptional and extremely unusual hardship to their U.S.-citizen children. (Chanchavac Garcia v. Bondi, 4/24/25)
Practice Alert: DOGE Receives Access to ECAS Records
On April 21, 2025, the Washington Post reported that representatives from the U.S. Department of Government Efficiency (DOGE) received permission to access the Department of Justice (DOJ) EOIR Courts and Appeals System (ECAS).
DHS Draft Programmatic Environmental Assessment for Actions Related to MPP Program
DHS released a draft Programmatic Environmental Assessment for actions related to the Migrant Protection Protocols (MPP) program, outlining the purpose of and need for the proposed action, alternatives considered, the affected environment and environmental consequences, and more.
CA1 Upholds Agency’s Hardship Determination as to Guatemalan Petitioners with Four Children
The court found that the agency did not depart from binding precedent, properly considered relevant factors and evaluated them in the aggregate, and correctly applied the hardship standard in denying cancellation of removal to the Guatemalan petitioners. (Mendez Nolasco v. Bondi, 4/23/25)
CA6 Finds It Lacked Jurisdiction to Review BIA’s Lozada Prejudice Determination
The court held it lacked jurisdiction to review the BIA’s denial of a motion to reopen based on ineffective assistance where petitioner sought review of BIA’s lack-of-prejudice determination and the underlying claim involved the INA §237(a)(1)(H) discretionary waiver. (Zhou v. Bondi, 4/23/25)
CA9 Upholds Asylum Denial After Finding Petitioner Was Firmly Resettled in Chile Before Arriving in United States
The court upheld the BIA’s denial of asylum pursuant to the firm resettlement doctrine, finding there was direct evidence that the Chilean government made an offer of firm resettlement, and that petitioner failed to prove the bar did not apply or show an exception. (Oscar v. Bondi, 4/23/25)
Supreme Court Says Voluntary Departure Deadlines Do Not Include Weekends or Holidays
The Supreme Court ruled that individuals with a self-deportation deadline that falls on a weekend or federal holiday may move to reopen their removal cases the following business day. (Monsalvo Velázquez v. Bondi, 4/22/25)
BIA Vacates IJ’s Order Granting CAT Protection to Former MS-13 Gang Member from El Salvador
The BIA held that the applicant, a former MS-13 gang member, failed to show a likelihood of torture in El Salvador based on the government’s state of exception policy, and thus did not meet his burden for Convention Against Torture (CAT) protection. Matter of A–A–R–, 29 I&N Dec. 38 (BIA 2025)
CA4 Holds That BIA Applied Wrong Standard for Deciding Petitioner’s Motion to Reopen
The court held that the BIA erred in finding that the petitioner, who was married after his removal proceedings began, was required to submit “clear and convincing evidence of the bona fides of the marriage” to reopen his proceedings to seek adjustment of status. (Hussen v. Bondi, 4/22/25)
DHS Releases New Nationwide and International Ads on Self-Deportation and Undocumented Migration
DHS Secretary Noem announced new nationwide and international multimillion-dollar ads warning undocumented individuals to leave the United States or otherwise be fined nearly $1,000 per day, imprisoned, and removed.
Update on Third Country Removals – Nationwide Class Certified and Preliminary Injunction Issued
Today, a federal court certified this nationwide class related to third-country removals in DVD v. DHS, litigated by NILA, NWIRP, and HRF.
EOIR Issues Policy Memo Rescinding and Canceling Director’s Memo on Administrative Closure
On 4/18/25, EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-29 rescinding and canceling the 11/22/21 Director’s Memorandum (DM) 22-03, “Administrative Closure,” which provided guidance on the use of administrative closure by EOIR adjudicators.
BIA Reverses Grant of CAT Protection to Russian Respondent After Finding IJ Applied Wrong Legal Standard
The BIA held that the IJ applied the wrong legal standard for protection under the Convention Against Torture (CAT) in determining that the respondent “could be” subject to torture instead of that he would “more likely than not” be tortured. Matter of N–N–B–, 29 I&N Dec. 79 (BIA 2025)
ICE Delegates Customs Officer Authority to ERO Executive Associate Director
ICE Acting Director Todd M. Lyons issued a delegation order vesting the Executive Associate Director for Enforcement and Removal Operations with limited customs officer enforcement authority.
CA6 Holds District Courts Cannot Adjudicate Naturalization Applications under §336(b) Where Removal Proceedings Are Pending
The court affirmed a district court’s dismissal of plaintiff’s complaint, holding that INA §318 precludes district courts from considering naturalization applications under INA §336(b) while removal proceedings are simultaneously pending against the applicant. (Ebu v. USCIS, et al., 4/16/25)
Practice Alert: EOIR Memo on Pretermission of Legally Insufficient Asylum Applications
On April 11, 2025, EOIR published a memo to allow immigration judges to “pretermit” or dismiss legally insufficient asylum applications without a hearing.
EOIR Publishes IFR on Reducing the Size of the BIA
EOIR published an interim final rule (IFR) with request for comments amending DOJ regulations relating to the organization of the BIA by reducing the size of the Board to 15 members. The IFR is effective as of 4/14/25, and comments are due by 5/14/25. (90 FR 15525, 4/14/25)
New York Times: Pressuring Migrants to 'Self-Deport,' White House Moves to Cancel Social Security Numbers
The Trump Administration has revoked the temporary legal status of hundreds of thousands of immigrants allowed into the country under the Biden Administration. Now, to pressure some of those immigrants and others who had legal status to "self-deport," it is canceling the SSNs they lawfully obtained.