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
CA9 Finds Petitioner’s Harassment Conviction in Washington Was Categorically for a Crime of Violence
The court held that petitioner’s harassment conviction in violation of Revised Code of Washington (RCW) §9A.46.020 was categorically for a crime of violence, thus rendering him ineligible for cancellation of removal, asylum, and voluntary departure. (Rodriguez-Hernandez v. Garland, 12/27/23
CA8 Upholds Denial of Motion to Reopen Based on Ineffective Assistance Where Petitioner Failed to Show Evidence of Persecutory Motive
The court found that the petitioner was not prejudiced by his counsel’s deficient performance, reasoning that the petitioner’s lack of knowledge as to who burned down his house in Guatemala foreclosed any reasonable likelihood of a persecutory motive. (Pascual-Miguel v. Garland, 12/27/23)
EOIR Issues Guidance for Children’s Cases
EOIR offers guidance for cases in which children are the lead or sole respondent in proceedings. This memo expands "special consideration" for children's cases beyond those solely designated as unaccompanied children and on specialized juvenile dockets. This DM supersedes and rescinds OPPM 17-03.
BIA Finds IJ Should Review USCIS’s Denial of Form I-751 upon Respondent’s Request
The BIA held that, given the respondent’s interest in securing review of a denial of a petition to remove the conditions on permanent residence, an IJ should ordinarily review the denial of a Form I-751 upon the request of the respondent. Matter of H. N. Ferreira, 28 I&N Dec. 765 (BIA 2023)
By the Numbers: Nationwide Expansion of Expedited Removal Will Endanger Millions of Mixed-Status Families Across the United States
AILA joined organizations who represent undocumented community members and their families in assessing the impact of proposals to expand expedited removal to the interior as part of congressional border supplemental package negotiations.
CA5 Says That Aggravated Sexual Assault with a Deadly Weapon under Texas Law Is a Crime of Violence
The court held that aggravated sexual assault with a deadly weapon under Texas law was a crime of violence and thus an aggravated felony for purposes of federal immigration law, and accordingly denied the petition for review. (Delgado-Victorio v. Garland, 12/18/23)
What Would Be the Impact of Expanding Expedited Removal Nationwide?
AILA provides a policy brief about why we oppose a nationwide expansion of expedited removal. It would undermine due process, not improve border security or border processing of migrants, and could be used for mass deportations that would be disastrous for American communities and the economy.
EOIR Issues Policy Memo on Enforcement Actions in or Near OCIJ Space
Chief Immigration Judge Sheila McNulty issued a policy memo entitled “Operating Policies and Procedures Memorandum 23-01: Enforcement Actions in or Near OCIJ Space,” providing updated guidance regarding enforcement actions by DHS in or near Office of the Chief Immigration Judge (OCIJ) space.
AILA Urges Focus on Actual Solutions for Border Security and Management
As negotiators reportedly consider significant changes to America’s asylum system as well as a nationwide expansion of expedited removal, AILA urges the Biden Administration to turn away from destructive proposals and stand by its original funding request.
CA6 Vacates Asylum Denial as to Guatemalan Petitioner Who Was Abused by Her Husband
The court held that the BIA had failed to consider possible mixed motives relating to the petitioner’s first two proposed social groups, and thus failed to fully consider whether she could prove that her persecution had a nexus to a protected ground. (Sebastian-Sebastian v. Garland, 12/8/23)
CA7 Finds Petitioner’s Kentucky Conviction for Complicity to Robbery in First Degree Was Aggravated Felony Crime of Violence
The court held that the BIA did not err in categorizing complicity to robbery in the first degree under Kentucky law as a crime of violence, and thus found that the petitioner was removable for having been convicted of an aggravated felony crime of violence. (Mwendapeke v. Garland, 12/7/23)
AILA Law Journal: An Article I Immigration Court
AILA shares an article by Mimi Tsankov from the fall 2023 edition of the AILA Law Journal, which discusses how an Article I court would help fix the broken and ineffective immigration court system.
AILA Law Journal, Vol. 5, Number 2, October 2023
The October 2023 edition of the AILA Law Journal is now available.
Pro Bono
Devoting time and professional skill to public service is a hallmark of the legal profession. Pro bono service is both professionally and personally rewarding, and AILA offers resources to assist members to locate opportunities as well as incorporate this service into their practices.
CA5 Says BIA Erred in Upholding Withholding of Removal and CAT Denial to Salvadoran Petitioner
The court held that the BIA misapplied prevailing case law, disregarded crucial evidence, and failed to adequately support its decisions in upholding the IJ’s denial of the petitioner’s withholding of removal and Convention Against Torture (CAT) claims. (Argueta-Hernandez v. Garland, 12/5/23)
CA8 Finds Petitioner’s Minnesota Conviction for Sexual Abuse of a Minor Was an Aggravated Felony
The court held that the BIA did not err in adopting the definition of sexual abuse of a minor in 18 USC §3509(a)(8) to determine that the petitioner’s Minnesota conviction for sexual abuse of a minor qualified as an aggravated felony for removal purposes. (Aguilar-Sanchez v. Garland, 12/4/2
BIA Finds Family Membership Incidental to Other Ultimate Goal Is Not One Central Reason for Harm in Asylum Analysis
The BIA held that, for purposes of establishing asylum eligibility, if a persecutor is targeting members of a family as a means of achieving some other goal, family membership is incidental to that goal and not one central reason for the harm. Matter of M–R–M–S–, 28 I&N Dec. 757 (BIA 2023)
ICE Announces Online Portal that Centralizes Communications Between Noncitizens and ICE
ICE launched the ICE Portal, a public-facing website that centralizes communications between noncitizens and the federal government. Within this online portal, noncitizens can schedule appointments, update their address, and check immigration court hearing information in a consolidated location.
CA9 Finds That Petitioner’s Conviction in Idaho for Possessing Methamphetamine Qualified as an Aggravated Felony
Denying the petition for review, the court held that the petitioner’s conviction in Idaho for possessing a controlled substance with intent to deliver qualified as a drug trafficking aggravated felony that rendered him removable. (Tellez-Ramirez v. Garland, 11/29/23)
Potential Game-Changer Cases for Immigration Law at SCOTUS
AILA Members and litigation experts Brian Green and Stephen Yale-Loehr describe three SCOTUS cases that could have significant implications for the practice of immigration law; the legitimacy of the current U.S. immigration court system could be undermined depending on the rulings.
CA1 Upholds Denial of Asylum to Nepali Petitioner Who Was Attacked by Maoist Insurgents
The court held that the Nepali army’s prompt response to the attack on the petitioner and her family in their home reasonably supported the government’s willingness to take action to protect the petitioner from her Maoist persecutors. (Singh v. Garland, 11/27/23)
DHS Announces Resumption of Removals of Venezuelans
DHS announced that it will resume direct repatriations of Venezuelan nationals who do not have a legal basis to remain in the United States.
Practice Alert: Updated Forms for EOIR’s Recognition & Accreditation Program
As of November 3, 2023, EOIR requires that the new Recognition & Accreditation forms, EOIR-31, EOIR-31A, be used when applying for DOJ recognition of organizations and accredited representatives. EOIR will return applications submitted after November 3, 2023, that do not use the new forms.
EOIR 30-Day Notice and Request for Comment on Proposed Revisions to Form EOIR-59
EOIR 30-day notice and request for comment on proposed revisions to Form EOIR-59, Certification and Release of Records. Comments are due 12/22/23. (88 FR 81434, 11/22/23)
AILA, AIC, and ACLU Lead Sign-On Letter Detailing Continued Barriers to Attorney Access in ICE Immigration Detention Facilities
AILA, AIC, and the ACLU lead over 80 organizations in a letter to ICE detailing continued barriers to attorney access in immigration detention facilities and provide recommendations on how to better facilitate critical communications between counsel and detained individuals.