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
CA7 Finds BIA Erred by Failing to Apply Clear Error Standard of Review in Reversing IJ’s Denial of CAT Relief
After first finding that it had jurisdiction, the court held that the BIA erred by failing to apply the required clear error standard of review in reversing the IJ’s denial of Convention Against Torture (CAT) relief to the Salvadoran petitioner. (F.J.A.P. v. Garland, 2/27/24)
CA8 Upholds BIA’s Denial of Motion to Reopen After Concluding Petitioner’s Objection to His Defective NTA Was Untimely
The court rejected petitioner’s arguments that BIA erred in not granting his motion to reopen and in finding his objection to the Notice to Appear (NTA) untimely, and misconstrued his motion as asking it to compel DHS to exercise prosecutorial discretion. (Amador-Morales v. Garland, 2/27/24)
CA8 Upholds Denial of Motion to Reopen After Finding Recent Events in India Were Not Material Changes of Country Conditions
Where the petitioner claimed he was fleeing political persecution by the ruling party in India, the court held that recent events in India were not material changes of country conditions that could support the petitioner’s untimely motion to reopen and remand. (Singh v. Garland, 2/23/24)
BIA Finds Respondent Did Not Prove That State Court Vacated His Conviction Due to Defect in His Criminal Proceedings
The BIA held that, where the state court order granting the respondent’s motion to vacate did not indicate the reason for the vacatur, the respondent did not prove that the court vacated the conviction due to a defect in his criminal proceedings. Matter of Azrag, 28 I&N Dec. 784 (BIA 2024)
CA2 Upholds Asylum Denial Where Petitioner Had Safely Relocated Twice in India
The court upheld BIA’s conclusion that the government had rebutted the presumption of future persecution by showing that petitioner could safely relocate within India, finding petitioner’s argument that he had been living in hiding unpersuasive. (Bhagtana v. Garland, 12/5/23, amended 2/22/24)
Resources on Case Challenging Interim Final Rule on Asylum Claims at the Southern Border
The Ninth Circuit granted the parties’ Joint Motion to Place Appeal in Abeyance pending settlement negotiations in this case and a related case, M.A. v. Mayorkas. (East Bay Sanctuary Covenant, et al. v. Biden, et al., 2/21/24)
Project 2025: Unveiling the far right’s plan to demolish immigration in a second Trump term
The Niskanen Center provides key takeaways from the Heritage Foundations Project 2025 policy playbook.
CA5 Holds That Petitioner Convicted in Texas for Possessing a Synthetic Cannabinoid Is Removable under INA §237(a)(2)(B)(i)
The court upheld the BIA’s conclusion that the petitioner failed to show there was a “realistic probability” that Texas would use the state statute he was convicted under to prosecute the possession of drugs that are not criminalized under federal law. (Alejos-Perez v. Garland, 2/16/24)
Practice Alert: DOJ’s $1.2 Million Settlement with IJ Scott D. Laurent’s Former Staff
AILA provides a practice alert after DOJ announced a $1.2 million settlement to a former staff assistant of immigration judge Scott D. Laurent, of the Los Angeles Immigration Court. As of the date of this alert, the IJ remains listed as a current judge.
White House Issues Memo on Deferred Enforced Departure for Certain Palestinians
President Biden issued a determination on 2/14/24 announcing that the United States will defer for 18 months the removal of any Palestinian subject to the conditions and exceptions provided. (89 FR 12743, 2/20/24)
CA9 Holds That Petitioner’s Conviction for Armed Robbery in Arizona Was Categorically an Aggravated Felony
The court found that a conviction for armed robbery in violation of Arizona Revised Statutes §13-1904(A), for which the term of imprisonment imposed is at least one year, is categorically an aggravated felony theft offense giving rise to removability. (Guzman-Maldonado v. Garland, 2/14/24)
CA3 Finds BIA and IJ Ignored Evidence Favorable to Somali Petitioner Regarding His CAT Claim
The court concluded that, in deciding the petitioner’s Convention Against Torture (CAT) claim, the BIA failed to consider evidence favorable to petitioner concerning whether the government of Somalia would acquiesce in his torture, and thus remanded to the BIA. (Herrow v. Att’y Gen., 2/13/24)
USCIS Provides Guidance on Processing Form I-589 After Removal Proceedings are Dismissed or Terminated
USCIS provides an updated flow chart on how it processes Form I-589 after removal proceedings are dismissed or terminated.
Client Flyer: What Happens During a Government Shutdown?
AILA provides an easy flyer for you to share with your clients to help them understand what happens to immigration-related agencies during a government shutdown. There are two versions available: a generic PDF version and a customizable Word version. Share widely.
EOIR to Transition to DOJ Login
EOIR announced new procedures for accessing the ECAS Case Portal. All users will need to take action to move from User Login IDs to a DOJ Login ID. EOIR developed detailed instructions for this phased transition and will notify users by email when to activate their new DOJ Login ID.
Practice Pointer: Top 10 Things You Need to Know about the USCIS Fee Rule
AILA provides this practice resource to alert members to the most important aspects of the new fee rule so that you may better understand the impact of the new fee schedule on your clients’ cases.
BIA Says That IJ Ordinarily Cannot Review Merits of Petition to Remove Conditions on Residence Withdrawn Prior to Adjudication
The BIA held that when a petition to remove the conditions on residence is withdrawn before USCIS prior to adjudication, the IJ ordinarily cannot review the merits of that petition in removal proceedings. Matter of Bernardo, 28 I&N Dec. 781 (BIA 2024)
CA11 Holds That Petitioner Would Not Derive Citizenship under Cured Version of INA §321(a)(3)
The court held that while the petitioner had Article III standing to make his constitutional challenges, he was not entitled to the remedy he sought because he would not derive citizenship from his father even under a cured version of INA §321(a)(3). (Lodge v. Att’y Gen., 1/26/24, amended 2/7/24)
CA9 Says It Lacks Jurisdiction to Review Denial of Petitioner’s Continuance and Motion to Remand Under INA §242(a)(2)(B)(i)
Applying INA §242(a)(2)(B)(i) as interpreted by the U.S. Supreme Court in Patel v. Garland, the court held that it lacked jurisdiction to review the denial of the petitioner’s continuance and motion to remand. (Figueroa Ochoa v. Garland, 6/20/23, amended 2/6/24)
Policy Brief: AILA Analysis of the Border and Immigration Provisions of the “Emergency National Security Supplemental Appropriations Act, 2024”
With unprecedented levels of global migration and an outdated U.S. immigration system pushing more migrants to the southern border, solutions are urgently needed. The Senate’s emergency spending bill includes the most extensive border funding and security measures proposed in decades, perhaps ever.
Practice Alert: Latest Information on the Juvenile Dockets
AILA provides takeaways from ICE’s stakeholder meeting on January 24, 2024, with information regarding the implementation and expansion of specialized juvenile dockets.
AILA Executive Director Responds to Release of Bipartisan Senate Bill
AILA Executive Director Ben Johnson responded to the newly released bill text from the bipartisan group of Senators negotiating the “Emergency National Security Supplemental Appropriations Act, 2024.”
CA4 Says Petitioner’s Hearing Was Not Fundamentally Unfair Despite IJ’s Erroneous Admission of Form I-9
The court held that the BIA and IJ did not err in finding that the petitioner was required to establish her admissibility “clearly and beyond doubt,” and rejected the petitioner’s contention that her evidentiary hearing was fundamentally unfair. (Santana v. Garland, 2/2/24)
BIA Says DHS Cannot Remedy NTA Lacking Date and Time of Hearing by Filing Form I-261
The BIA held that DHS cannot remedy a Notice to Appear (NTA) that lacks the date and time of the initial hearing before the IJ by filing a Form I-261, because that remedy is contrary to 8 CFR §1003.30 and Niz-Chavez v. Garland. Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024)
USCIS Seeks Feedback to Help Shape the USCIS Customer Experience for Appointment Requests
You can now use the USCIS website to request an in-person appointment at a field office for assistance with emergency advanced paroles, Immigration Judge grants, and ADIT stamps. USCIS seeks feedback from both applicants and legal representatives on this new process. Responses due by 2/8/24.