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
CA4 Grants Petition for Review After Finding CAT Risk of Torture Must Be Considered from All Sources in the Aggregate
The court held that neither the IJ nor BIA properly aggregated tattooed former gang member’s risk of torture from a combination of police, gangs, and vigilante groups; it also found neither meaningfully engaged with the submitted evidence. (Rodriguez-Arias v. Whitaker, 2/12/19)
ICE Releases Memo on Implementation of the Migrant Protection Protocols
ICE released a memo on its implementation of the Migrant Protection Protocols.
ICE Releases Guidance on Migrant Protection Protocols
ICE released a memo providing guidance to impacted Enforcement and Removal Operations (ERO) field offices on implementation of the Migrant Protection Protocols.
Bicameral Letter to DHS and USCIS on DACA Recipients’ Eligibility for Advance Parole
On 2/12/19, U.S. Senators and Representatives sent a letter to DHS and USCIS asking for information about DACA recipients’ eligibility for advance parole to travel internationally.
AILA Submits Amicus Brief on Motions to Reopen Based on Changed Country Conditions
AILA submitted a second amicus brief in Hamama v. Homan with a primary focus on the “when” of a Motion to Reopen based on changed country conditions.
Practice Pointer: Arguing Against Pretermission of Asylum Cases in Immigration Court in the Aftermath of Matter of A-B- and Matter of E-F
This practice pointer describes arguments that attorneys may make when immigration judges pretermit asylum applications without affording the applicants an individual calendar hearing at which they can present testimony and other evidence in support of their asylum cases.
CA5 Upholds Removability for Drug Offense, Affirms BIA’s Application of Circumstance-Specific Approach to Personal Use Exception
The court denied petition for review and held BIA reasonably used the circumstance-specific approach, versus the categorical approach, to determine if a conviction under Tenn. Code Ann. §39-17-418, fell within the personal use exception. (Cardoso de Flores v. Whitaker, 2/11/19)
BIA Remands to Consider Divisibility of Arizona Definition of Methamphetamine
Unpublished BIA decision remands record to consider whether Arizona definition of methamphetamine is divisible between optical and geometric isomers. Special thanks to IRAC. (Matter of Avalos, 2/11/19)
BIA Vacates Requirement That Respondent Post Voluntary Departure Bond
Unpublished BIA decision vacated requirement that respondent post $500 voluntary departure bond because ICE declined to accept it due to computer problems at the DHS office. Special thanks to IRAC. (Matter of Bastida-Garcia, 2/7/19)
A Constitutional Argument for an Independent Immigration Court
Law Student member Jeri Milan discusses a constitutional argument for an independent immigration court.
BIA Finds IJ Improperly Denied Motion to Reopen for Lack of Jurisdiction
Unpublished BIA decision holds that the IJ should have exercised jurisdiction over the respondent’s motion to reopen because his prior appeal had been dismissed for lack of jurisdiction. Special thanks to IRAC. (Matter of Aguirre-Polanco, 2/5/19)
CA9 Bound by Precedent that CIMT Is Not Unconstitutionally Vague; Holds “Communicating with Minor for Immoral Purposes” Is Categorically CIMT
The court denied the petition for review and held that “crime involving moral turpitude” is not unconstitutionally vague and that per precedent that all conduct prohibited under RCW §9.68A.090 is a CIMT. (Islas-Veloz v. Whitaker, 2/4/19)
CA4 Remands to BIA to Apply Proper De Novo Standard of Review to Determine Whether IJ Erred in CAT Government Acquiescence Finding
The court held IJ’s determination regarding government acquiescence is mixed question of law and fact and public officials’ actions is question of fact while whether those actions qualify as acquiescence is legal determination, triggering de novo review. (Cruz-Quintanilla v. Whitaker, 2/1/19)
AILA Members’ Letter to the Editor Template on the Immigration Court “Fake Date” Fiasco
We encourage AILA members to personalize and submit this Letter to the Editor on how “fake date” NTAs issued by the government are just the latest example of why we need an independent immigration court. Please email newsroom@aila.org with any questions or to share your success.
DHS Announces Implementation of Visa Sanctions on Ghana
DHS announced, in coordination with DOS, the implementation of visa sanctions on Ghana due to a lack of cooperation in accepting their nationals ordered removed from the United States.
CA11 Upholds BIA Findings for CIMT, Controlled Substance, and Aggravated Felony Removal Based on Flunitrazepam Conviction
The court affirmed conviction was possession with intent to deliver; that BIA did not err in considering controlled substance violation despite lack of DHS cross-appeal; and that Flunitrazepam was in updated schedules and, thus, a controlled substance. (Bula Lopez v. Att’y Gen., 1/31/19)
AILA and NIJC Submit Amicus Brief Challenging the Auer Deference Rulings
AILA and the National Immigrant Justice Center (NIJC) submitted an amicus brief to the Supreme Court in Kisor v. Wilkie, asking for the court of appeals judgment to be reversed and challenging the Auer doctrine that makes an agency’s interpretation of its own regulations controlling.
Acting AG Refers BIA Case to Himself and Invites Amicus Regarding Cancellation of Removal and Impact of Multiple DUIs
The Acting AG to review cancellation of removal eligibility and the impact of multiple convictions for driving while intoxicated or driving under the influence with regards to “good moral character.” Amicus briefs due by 2/25/19. Matter of Castillo-Perez, 27 I&N Dec. 495 (A.G. 2018)
BIA Holds New Hampshire Drug Statute Not an Aggravated Felony
Unpublished BIA decision holds that sale of a controlled substance under N.H. Rev. Stat. 318-8:26 is not an aggravated felony because it applies to gifting or offering a controlled substance. Special thanks to IRAC. (Matter of Bah, 1/31/19)
DHS OIG Issues Report on ICE’s Failure to Fully Use Contracting Tools to Hold Detention Facility Contractors Accountable
DHS OIG’s report found ICE doesn’t adequately hold detention facility contractors accountable to performance standards and issues waivers seeking to exempt them from complying with certain standards instead of applying financial penalties for deficient conditions.
EOIR Releases Addendum to LOP Cohort Analysis of Phase I: Detention Length with DHS Data
EOIR released an addendum to its Phase I report on the Legal Orientation Program (LOP) as DHS provided EOIR with more granularly precise data regarding detention, including book-in and book-out dates.
EOIR Releases Phase II Analysis of Its Legal Orientation Program Cohort
EOIR released analysis is a follow-up to Phase I with additional analysis of when LOP services are provided, how long hearings last for LOP participants and non-LOP participants, and the difference in applications filed between LOP participants and non-LOP participants.
CA7 Grants Petition, Remands to BIA to Clarify Determination of Statutory Inadmissibility and, If Necessary, Reconsider Waiver Eligibility
The court found BIA record unclear regarding whether inadmissibility challenge was waived, and remanded for clarification; it also held waiver was considered under incorrect standard and should be reviewed under less stringent Lautenberg Amendment standard. (Ruderman v. Whitaker, 1/29/19)
CA9 Denies Petition for Review Citing Bermudez-Cota After NTA Didn’t Specify Time/Date
The court denied petitioner’s petition for review, holding that a NTA that does not specify the time/date vests an IJ with jurisdiction over the removal proceedings, so long as a notice specifying this information is sent to the individual in a timely manner. (Karingithi v. Whitaker, 1/28/19)
USCIS Releases Guidance for Implementing Section 235(b)(2)(C) of the INA and the Migrant Protection Protocols
USCIS released a memo with guidance to USCIS officers regarding the implementation of the Migrant Protection Protocols, including supporting the exercise of prosecutorial discretion by CBP.