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
Policy Brief: Solutions for the Border and America's Immigration System
AILA presents solutions to Congress and the President to address the border and modernize America’s immigration system. With the dramatic shifts in worldwide migration sustained action is needed at the U.S. southern border to ensure the fair, fast, and orderly processing of arriving migrants.
CA1 Upholds Denial of Motion to Reopen of Christian Chinese-Indonesian Petitioners Based on Changed Country Conditions in Indonesia
The court denied the petition for review of the BIA’s second denial of reopening, finding that the BIA reasonably found that petitioners had failed to satisfy the requirements for an exception to late filing in INA §240(c)(7)(C)(ii) and 8 CFR §1003.2(c)(3)(ii). (Djokro v. Garland, 5/17/24)
DHS and DOJ to Announce “Recent Arrivals” Docket Process for More Efficient Immigration Hearings
DOJ finalizes rule on a new Recent Arrives Docket process aiming to render final decisions within 180 days for certain noncitizen single adults who attempt to cross between ports of entry at the Southwest border. The docket will operate in Atlanta, Boston, Chicago, LA, and New York City.
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.
District Court Vacates ICE’s Unlawful “Knock-and-Talk” Policies and Practices
A federal district court in California issued an order vacating ICE’s unlawful “knock-and-talk” policies and practices, finding that they violate the Fourth Amendment and the Administrative Procedure Act (APA). (Sorto-Vasquez Kidd, et al. v. Mayorkas, et al., 5/15/24)
Senators Send Letter Urging Appropriators to Include Funding for Case Management Alternative to Detention
Senators, led by Senator Merkley, sent a letter to the subcommittee on Homeland Security Senate Committee on Appropriations requesting the committee's FY2025 proposal include $100 million for the Case Management Pilot Program (CMPP). AILA supported this request.
CA4 Holds That Petitioner’s D.C. Conviction for Attempted Second Degree Child Sexual Abuse Qualifies Him for Removal
The court held that the Salvadoran petitioner’s conviction for attempted second-degree child sexual abuse in violation of Washington, D.C., law qualified as a removable crime of child abuse. (Marquez Cruz v. Garland, 5/14/24)
DHS NPRM on the Application of Certain Mandatory Bars in Fear Screenings
DHS notice of proposed rulemaking (NPRM) to allow asylum officers to consider the potential applicability of certain bars to asylum and statutory withholding of removal during certain fear screenings. Comments due by June 12, 2024. (89 FR 41347, 5/13/24)
AILA Submits Amicus Brief Supporting Challenge to Iowa Law
AILA filed an amicus brief in support of the Council and the ACLU in their lawsuit challenging Iowa's egregious attempt to enact and enforce its own immigration law, which would allow state authorities can imprison and deport anyone who has previously been removed from the country.
AILA Senior Director of Government Relations Shares Insights on Asylum Rule Notice
Greg Chen responds to the advance copy of the Notice of Proposed Rulemaking that would give authority to asylum officers to apply existing security and terrorism related bars during the initial screening process for credible fear.
AILA Member Receives FOIA Response and Obtains an Asylum Officer Lesson Plan
An AILA member has received a FOIA response and obtained an asylum officer lesson plan titled "Credible Fear of Persecution and Torture Determinations." The lesson is dated May 9, 2024 and covers who is subject to expedited removal and how to apply the credible fear standard.
Practice Alert: FedEx Facility in South Michigan Destroyed by Tornado
On May 7, a potential tornado destroyed a FedEx facility in Portage, in the southern part of Michigan. AILA encourages members whose filings may be affected by this issue, to send a report to reports@aila.org. Reports should include information on the affected filing.
EOIR 30-Day Comment Request of EOIR-26A
EOIR 30-day comment request on the Fee Waiver Request (EOIR-26A). Comments are due by 6/7/24. (89 FR 38917, 5/8/24)
CA9 Holds That INA §241(a)(5) Barring Reopening or Review of Reinstated Removal Order Is Not Jurisdictional
The court held that INA §241(a)(5), which bars reopening or review of a removal order that has been reinstated, is not jurisdictional in accordance with the U.S. Supreme Court’s holding in Santos-Zacaria v. Garland. (Suate-Orellana v. Garland, 5/7/24)
CA8 Upholds Reinstatement of Removal Order Where Petitioner Feared Returning to Mexico Due to Cartel Violence
Where petitioner feared returning to Mexico due to cartel violence, the court held that substantial evidence supported the IJ’s finding that he failed to show a reasonable fear of persecution or torture for purposes of removal proceedings under INA §241. (Galvez-Vicencio v. Garland, 5/6/24)
CA8 Upholds Denial of CAT Relief to Petitioner Who Feared He Would Be Harmed by Cartel in Mexico
The court upheld the denial of petitioner’s motion for reconsideration of the BIA’s reversal of the IJ’s grant of Convention Against Torture (CAT) relief, finding that the BIA correctly applied its standard of review and did not independently find facts. (Rosas-Martinez v. Garland, 5/3/24)
CA6 Upholds Denial of CAT Deferral to Iraqi Petitioner Convicted of Crimes Against Children
The court upheld the denial of deferral of removal under the Convention Against Torture (CAT), concluding that the agency did not err in its evaluation of new evidence the petitioner submitted with his motion to reopen alleging changed country conditions in Iraq. (Saleh v. Garland, 5/2/24)
CA1 Finds “Small Business Owners” Is Not a Legally Cognizable PSG
The court concluded that the proposed particular social group (PSG) consisting of “small business owners” was not legally cognizable, and thus upheld the denial of asylum to the Guatemalan petitioner, who had been subjected to death threats from the Mara 18 gang. (Cabrera v. Garland, 5/2/24)
CA5 Upholds Denial of Asylum to Petitioner Who Was Threatened by Mexican Navy
The court upheld the BIA’s determination that the petitioner, who had publicly spoken out against the Mexican Navy and whose home was subsequently ransacked by the Navy, had failed to establish past persecution or a well-founded fear of future persecution. (Loredo Rangel v. Garland, 5/1/24)
Practice Alert: New USCIS Fee Schedule and EOIR Defensive Filing Fees
AILA contacted EOIR for confirmation that their website and related documentation will reflect the updated USCIS fee schedule, as the EOIR website did not reflect that biometric services fees are now $30. As of May 1, 2024, the website is updated.
CA6 Holds That Petitioner’s Tennessee Domestic Violence Conviction Was Not Categorically a Crime of Violence
The court found that the petitioner’s misdemeanor domestic assault conviction under Tennessee Code Annotated §39-13-111 was not categorically a crime of violence under 18 USC §16(a) that would render him statutorily ineligible for cancellation of removal. (Sanchez-Perez v. Garland, 4/30/24)
Practice Pointer: The Cuban Adjustment Act —An Introduction to Its Distinct Processes and Recurring Practice Applications
AILA's Removal Defense Section provides a practice pointer that discusses the Cuban Adjustment Act and its application.
CA7 Finds It Lacks Jurisdiction to Review BIA’s Discretionary Denial of Cancellation under INA §240(c)(4)(A)
The court dismissed the petition for review of the IJ’s and the BIA’s denial of cancellation of removal as to the petitioner as a matter of discretion due to his criminal record, finding that the petitioner did not raise a colorable question of law. (Ndlovu v. Garland, 4/25/24)
CA10 Finds BIA Abused Its Discretion by Treating Petitioner’s Asylum Appeal as Waived
The court granted in part the petition for review, finding that the petitioner did not waive her challenge to the IJ’s determination that she had not shown a nexus between her alleged membership in a particular social group and her alleged persecution. (Rangel-Fuentes v. Garland, 4/23/24)
AILA and the Council Submit Amicus Brief on Mandatory Detention
AILA and the American Immigration Council submitted an amicus brief to the Second Circuit in Hodge v. Brophy in support of a noncitizen whose continued detention has not been reviewed by an independent arbiter, and instead, he has been incarcerated without a bond under Demore.