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
EOIR Issues Policy Memorandum (PM) 26-03 on Judicial Conduct and Professionalism
EOIR Director Daren Margolin issued policy memorandum (PM) 26-03 to clarify EOIR’s process for addressing complaints of judicial misconduct by its adjudicators. The PM supersedes prior guidance on the judicial complaint process, last updated in November 2023.
BIA Holds That IJ Clearly Erred in Credibility Determination and Pattern or Practice Finding Regarding Anglophones in Cameroon
The BIA held that the IJ clearly erred in finding the respondent credible and that the IJ’s conclusory statement that there was a pattern or practice of persecution against Anglophones in Cameroon was not supported by record evidence. Matter of E–N–N–, 29 I&N Dec. 586 (BIA 2026)
Featured Issue: Ensuring Legal Representation for People Facing Removal
Despite the critical role legal representation plays in ensuring fairness in removal proceedings, the law still does not guarantee the government will pay for counsel if the person is unable to afford one. AILA provides resources on ensuring legal representation for people facing removal.
CA1 Finds No Colorable Legal or Constitutional Error in BIA’s Denial of Sua Sponte Reopening
The court denied the consolidated petitions for review, holding that the Bosniak petitioners failed to raise any colorable legal or constitutional claims challenging the BIA’s denial of sua sponte reopening. (Hodzic v. Bondi, et al., 3/19/26)
Policy Brief: America Needs Independent, Fair, and Efficient Immigration Courts
The Administration has implemented many changes to the immigration court system that undermines its ability to deliver fair outcomes consistent with the law. This brief explores these changes and provides recommendations to Congress to make the courts fairer, faster, and restore the public’s trust.
AILA Sends Letter to Leader Thune, Leader Schumer, Speaker Johnson, and Leader Jeffries on Funding for ICE and CBP
AILA President Jeff Joseph and Executive Director Ben Johnson sent a letter to Leader Thune, Leader Schumer, Speaker Johnson, and Leader Jeffries to block funding to ICE and CBP until meaningful reforms are enacted to hold these agencies accountable and restore safety to American communities.
BIA Denies Motion to Reopen for SIJ-Based Adjustment of Status Due to Four-Year Delay in Visa Availability
The BIA held that no ineffective assistance claim lies where person retained was not an attorney and did not hold himself out as one, and that minor respondents’ SIJ-based adjustment eligibility was speculative due to visa unavailability. Matter of Z–R–C–N–, et al., 29 I&N Dec. 523 (BIA 2026)
BIA Vacates Grant of Cancellation Where Economic and Educational Hardships to Respondent’s Children Were Not Exceptional and Extremely Unusual
The BIA held that respondent had not shown that the economic, educational, and emotional hardships his 26– and 24-year-old children might experience if he was removed to Mexico would constitute exceptional and extremely unusual hardship. Matter of Arevalo-Vargas, 29 I&N Dec. 519 (BIA 2026)
EOIR Issues Policy Memo on Deadline for Appealing an Immigration Judge Decision to the Board of Immigration Appeals
EOIR Director Daren Margolin issued Policy Memorandum (PM) 26-02 to clarify that the appeal deadline for all immigration court decisions to the BIA is 30 days as a result of the Amica Ctr. for Immig. Rts. v. EOIR lawsuit. The memo also states ACIS should also reflect the current 30-day deadline.
BIA Finds Respondent’s Intent to Seek Provisional Unlawful Presence Waiver Did Not Warrant Continued Administrative Closure
Where the respondent’s removal proceedings had been administratively closed for over 13 years, the BIA held that continued administrative closure was not warranted based on her intention to apply for a provisional unlawful presence waiver. Matter of Medina Madrid, 29 I&N Dec. 514 (BIA 2026)
The Advocates for Human Rights File Lawsuit to Protect Public Access to Immigration Court Hearings
The Advocates for Human Rights filed a lawsuit against DOJ and EOIR in the DC District Court to challenge DOJ's increasing restrictions in public access to hearings at the Fort Snelling Immigration Court in Minnesota. (The Advocates for Human Rights v. Bondi et al., 3/12/26)
CA8 Holds That Substantial Evidence Is the Standard of Review for Exceptional and Extremely Unusual Hardship Determinations
The court held that hardship determinations under the exceptional and extremely unusual hardship standard are reviewed for substantial evidence, and denied the petition for review as to the Mexican petitioner seeking cancellation of removal. (Alonso-Juarez v. Bondi, 3/12/26)
BIA Holds That IJ Errs in Terminating Proceedings Without Taking Pleadings Where Respondents Appear but DHS Does Not
The BIA held that where the respondents appear at an initial master calendar hearing, but DHS does not, the IJ errs in terminating proceedings without taking the respondents’ pleadings to the Notices to Appear (NTAs). Matter of Arana Castillo, et al., 29 I&N Dec. 593 (BIA 2026)
Policy Brief: Americans Want Safe Communities, Not a Dangerous and Costly Deportation Agenda
The Administration's focus on pursuing its immigration enforcement agenda has endangered American communities while recklessly spending taxpayer funds. This policy brief questions this agenda and provides commonsense strategies to improve immigration enforcement and public safety.
EOIR Announces 42 Immigration Judges
EOIR announced the investiture of 42 immigration judges who joined immigration courts in California, Colorado, Florida, Georgia, Illinois, Louisiana, Maryland, Missouri, Nebraska, New Jersey, New York, North Carolina, Pennsylvania, Tennessee, Texas, and Virginia.
CA1 Upholds Asylum Denial as to Bisexual Petitioner from Honduras Based on Lack of Persecution and Nexus
The court held that the respondent, a bisexual woman from Honduras, failed to establish past persecution, a nexus to a protected ground, or that the Honduran government was unable or unwilling to protect her from private actors. (Maldonado-Ruiz v. Bondi, 3/10/26)
CA9 Denies Petitioners’ Opposed Motion to Stay Removal and Lifts Temporary Stay in Rojas-Espinoza v. Bondi
The en banc court denied the petitioners’ opposed motion to stay removal pursuant to Nken v. Holder and Leiva-Perez v. Holder, and lifted the temporary stay of removal previously entered pursuant to General Order 6.4(c) effective immediately. (Rojas-Espinoza v. Bondi, 3/10/26)
AILA Litigation Spotlight: Innovation Law Lab Wins Petition for Writ of Habeas Corpus
AILA members at the Innovation Law Lab won habeas relief for M.L.G.G., who was unlawfully arrested and detained by ICE without a warrant. The Oregon district court rejected tolling of her removal period, found due process violations, and ordered her immediate release.
Federal Court Blocks Key Portions of IFR Changing BIA Appellate Procedures
A federal court issued a summary judgement blocking key portions of the Appellate Procedures for the Board of Immigration Appeals IFR from taking effect, including provisions allowing summary dismissal of appeals and shortening the appeal deadline. (Amica Center for Immigrant Rights v. EOIR, 3/8/26)
CA9 Issues Temporary Stay of District Court Ruling on Bond Hearings
The court temporarily stayed a district court’s 12/18/25 declaratory judgment and 2/18/26 order which ruled that nationwide class members are entitled to a bond hearing and vacated Matter of Yajure Hurtado. (Maldonado Bautista v. DHS, 3/6/26)
BIA Holds Generalized Violence Cannot Rebut Past Persecution Presumption and Finds Access Device Fraud Conspiracy a Particularly Serious Crime
The BIA held that an IJ cannot rely on generalized violence to find the presumption of future persecution unrebutted after DHS shows a fundamental change in circumstances and that access device fraud conspiracy is a particularly serious crime. Matter of R-B-E-, 29 I&N Dec. 499 (BIA 2026)
BIA Holds That IJ Erred in Finding Expert Testimony Persuasive and in Giving It Significant Weight
The BIA held that where an expert witness’ background and testimony reflect a reluctance to consider contrary evidence and an inability to impartially assess matters on removal to a country, an IJ errs in giving that testimony significant weight. Matter of D–J–L–, 29 I&N Dec. 485 (BIA 2026)
DOJ NPRM on Review of State Bar Complaints and Allegations Against DOJ Attorneys
DOJ proposed rule that would give AG the right to review complaints and allegations made before a state bar against current and former DOJ attorneys and to request that the bar suspend investigations until DOJ completes its review. Comments are due 4/6/26. (91 FR 10780, 3/5/26)
EOIR Notice of Revision of Request To Be Included on the List of Pro Bono Legal Service Providers
EOIR notice of revision of Form EOIR-56, Request To Be Included on the List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings. Changes are non-substantive. Comments are due 5/4/26. (91 FR 10830, 3/5/26)
EOIR Comment Request on Extension and Revision of Change of Address/Contact Information Form
EOIR notice and comment request on extension and revision of Form EOIR-33, Change of Address/Contact Information Form. EOIR proposes to remove address form fields allowing the subject to designate a third party to receive mail from EOIR on their behalf. Comments are due 5/4/26. (91 FR 10829, 3/5/36)