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
USCIS Issues Policy Guidance on Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule
USCIS revised its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on January 31, 2024, and effective April 1, 2024.
District Court Orders Immigration Bond Companies to Pay Redress and Civil Money Penalties of More Than $360 Million
The district court granted plaintiffs’ requested remedies in full, including injunctive relief, redress to consumers in the amount of $230 million, and civil money penalties in the amount of $111 million. (Consumer Financial Protection Bureau, et al. v. Nexus Services, Inc., et al., 3/31/24)
EOIR Announces Opening of New Immigration Court in Lowell, MA
EOIR announced it will open a new immigration court in the Greater Boston region on April 8, 2024, expanding its presence in Massachusetts. The Lowell Immigration Court will have 21 immigration judges. Notice provides information on Lowell Immigration Court.
Immigration Consequences of Criminal Activity: A Guide to Representing Foreign-Born Defendants
Your one-volume resource for understanding how the courts and immigration agencies will treat noncitizens convicted or even suspected of crime. It provides analysis of all the ways criminal activity will impact applications for immigration benefits, and alternatives and maneuvers to support clients.
CA1 Remands Egyptian Petitioner’s Asylum Claim Premised on Mixed-Motive Persecution
The court granted the petition for review as to the petitioner’s asylum claim premised on mixed-motive persecution, finding that the religion of the petitioner, who was a Coptic Christian, qualified as a central reason for his beating by the Muslim Brotherhood. (Khalil v. Garland, 3/29/24)
CA3 Finds BIA Erred in Holding That Petitioner’s Second-Degree Robbery Conviction in New Jersey Was a CIMT
The court held that, under the categorical approach, none of the elements of New Jersey’s second-degree robbery statute necessarily involved moral turpitude, and thus found that the petitioner’s conviction was not a crime involving moral turpitude (CIMT). (Almanzar v. Att’y Gen., 3/29/24)
CA7 Upholds Withholding of Removal Denial to Mexican Petitioner Who Received Threats Against Himself and His Family
The court held that substantial evidence supported the IJ’s and BIA’s determinations that the petitioner had failed to establish that he would be persecuted by individuals whom the Mexican government would be unable or unwilling to control. (Ortega v. Garland, 3/29/24)
Featured Issue: USCIS Final Rule Adjusting Its Fee Schedule
Use this page to stay on top of the 2024 USCIS final rule adjusting its fee schedule. USCIS has stated that it will use the postmark date of filing to determine if the correct form version and fees were submitted.
AILA and Council Submit Amicus Brief to the Supreme Court on "Consular Nonreviewability" Doctrine
AILA and the Council submitted an amicus brief to the Supreme Court in DOS v. Muñoz, arguing that when a consular officer finds the spouse of a U.S. citizen to be inadmissible, a straightforward reading of the Administrative Procedure Act makes that decision subject to judicial review.
AILA Joins Sign-on Letter Urging Extension and Redesignation of TPS for Haiti
AILA joined the Haitian Bridge Alliance and 480 other organizations in a letter to the White House, DHS, and DOS requesting an extension and redesignation of the Republic of Haiti for TPS and a moratorium on deportations to the Republic of Haiti.
AILA Sends Letter to Congress with Recommendations on FY2025 Appropriations
AILA sent a letter to Congressional leadership recommending that they prioritize adequate funding for the immigration system in the FY2025 appropriations necessary for establishing a more efficient system.
CA9 Remands Asylum Claim of Petitioner Who Claimed He Was Persecuted in India Due to His Membership in the Mann Party
The court held that the record compelled the conclusion that the petitioner experienced past harm rising to the level of persecution, and that the BIA erred in its internal relocation analysis for purposes of asylum and withholding of removal. (Singh v. Garland, 3/22/24)
AILA Key Takeaways from 2024 BIA Spring Conference Panel
On March 22, 2024, AILA hosted an open forum at the 2024 Spring Conference with the BIA. The EOIR National Committee provides the following key takeaways.
AILA Key Takeaways from 2024 EOIR Spring Conference Panel
On March 21, 2024, AILA hosted an open forum at the 2024 Spring Conference with EOIR leadership. The EOIR National Committee provides the following key takeaways.
CA7 Upholds Asylum Denial to Petitioner Targeted by Extortionists in Honduras
The court held that substantial evidence supported the BIA’s determination that the petitioner, who claimed she was targeted by extortionists in Honduras, had not established that she had been, and would continue to be, persecuted on account of a protected status. (Cruz v. Garland, 3/21/24)
CA1 Remands Petitioner’s Withholding Claim Where BIA Mischaracterized Her Gender-Based PSG
The court held that the BIA’s mischaracterization of the petitioner’s proposed particular social group (PSG)—which the court found could be restated simply as “Trinidadian women who oppose gender-based domestic violence”—was a legal error. (Ferreira v. Garland, 3/21/24)
EOIR Experiencing Intermittent Systemwide Outages
EOIR posted an alert that it has been experiencing intermittent systemwide outages and is working to resolve the issues. EOIR will issue new Notices of Hearing to anyone whose hearings were affected by these outages.
AILA’s EOIR Liaison Committee Meeting with EOIR (3/20/24)
AILA’s EOIR Liaison Committee provides the unofficial minutes and agenda from its liaison meeting with EOIR on March 20, 2024.
AILA’s ICE Committees Meets with ICE (3/20/24)
AILA’s ICE Liaison Committee met with ICE's OPLA and ERO on March 20, 2024. Read the agenda, key takeaways, and official minutes.
Practice Alert: Padilla v. ICE and Delays in Credible Fear Interviews
AILA shares an updated practice alert regarding the Padilla v. ICE settlement. This practice alert includes more detailed information on contacting class counsel regarding potential violations of the settlement in individual cases, as well as the current status of the litigation.
CA4 Finds Petitioner’s Virginia Convictions for Attempted Sexual Battery and Electronic Solicitation of a Minor Were CIMTs
The court affirmed the BIA’s determination that petitioner’s two Virginia convictions for attempted sexual battery and electronic solicitation of a minor were crimes involving moral turpitude (CIMTs) that rendered him removable under INA §237(a)(2)(A)(ii). (Gomez-Ruotolo v. Garland, 3/20/24)
CA6 Upholds Asylum Denial After Finding No Nexus Between Petitioner’s Harm and Her Identity as a Mayan Akateko Woman
The court upheld the BIA’s and IJ’s conclusions that petitioner had failed to demonstrate a nexus between her particular social group (PSG) and the harm she experienced, and had not shown that the Guatemalan government had acquiesced in her mistreatment. (Sabastian-Andres v. Garland, 3/20/24)
Supreme Court Issues Ruling That Allows Texas to Enforce SB4
The Supreme Court denied the applications to vacate the stay of the preliminary injunction against Texas Senate Bill 4 (SB4) but later in the day, the Fifth Circuit again paused the law from going into effect. (United States v. Texas, 3/19/24)
Supreme Court Rules That Courts Have Jurisdiction to Review Hardship Determinations in Cancellation of Removal Cases
The U.S. Supreme Court held that the application of the exceptional and extremely unusual hardship standard to an established set of facts is a mixed question of law and fact that is reviewable as a question of law under INA §242(a)(2)(D). (Wilkinson v. Garland, 3/19/24)
CA1 Upholds Asylum Denial Where Guatemalan Petitioner Failed to Exhaust Imputed Membership and Race-Based Claims
The court held that the petitioner had failed to exhaust her race-based claims and her claim of imputed membership in the particular social group (PSG) consisting of “communal landowners of Ixchiguán, Guatemala, that refused to cooperate with criminal gangs.” (Chun Mendez v. Garland, 3/15/24)