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
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.
AILA and the Council Seek Information on the Family Expedited Removal Management (FERM) Program
AILA and the American Immigration Council filed a FOIA request to obtain documents related to ICE and CBP’s implementation of the Family Expedited Removal Management Program (FERM).
CA9 Says Exclusionary Rule of Miranda v. Arizona Did Not Apply Where Petitioner Was Arrested Pursuant to Administrative Warrant
The court upheld the IJ’s and BIA’s denial of the petitioner’s motion to suppress, rejecting his argument that he should have received Miranda warnings because he was apprehended by immigration officers pursuant to an administrative warrant. (Zuniga De La Cruz v. Garland, 11/17/23)
CA1 Holds That Notice to Petitioner Was Properly Accomplished Based on Applicable Regulations and USCIS Policy
The court rejected the petitioner’s argument that USCIS had failed to properly serve him with the notice of its intent to revoke his visa petition, concluding that notice was properly accomplished based on the applicable regulations and USCIS policy. (Manguriu v. Garland, 11/16/23)
CA4 Finds That BIA’s Withholding-Only Order Was Not a Final Order of Removal Under INA §242(b)(1)
The court held that it lacked jurisdiction under INA §242(b)(1) to review the BIA’s withholding-only order, finding that the pendency of the petitioner’s withholding-only proceedings did not extend his time to file and thus that the petition was untimely. (Martinez v. Garland, 11/16/23)
CA4 Grants Panel Rehearing in Ullah v. Garland at Request of Attorney General
At the request of the Attorney General, the court granted the petition for panel rehearing and modified its opinion to the extent that it remanded the case to the Attorney General for further proceedings. (Ullah v. Garland, 10/12/23)
CA1 Upholds Asylum Denial to Guatemalan Petitioner of Mam Ethnicity Who Experienced Unfulfilled Threats from Gangs
The court held that the petitioner failed to establish past persecution based on two incidents with gang members in Guatemala City, and found that he did not show a well-founded fear of future persecution on account of his indigenous Mam ethnicity. (Hernandez-Mendez v. Garland, 11/15/23)
Featured Issue: Asylum and Credible Fear Interim Final Rule
A USCIS interim final rule on credible fear and asylum took effect May 31, 2022, and changes the way DHS processes asylum cases for individuals in expedited removal. This is a resource page to help immigration attorneys understand the new process for credible fear and asylum.
CA2 Finds Petitioner’s Conviction for Abuse of a Corpse in Arkansas Was Not a CIMT
The court held that the petitioner’s conviction for abuse of a corpse in violation of Arkansas Code Annotated §5-60-101 was not categorically a crime involving moral turpitude (CIMT). (Giron-Molina v. Garland, 6/20/23, amended 11/14/23)
Recommendations on Protecting Individuals Impacted by the Middle East Conflict
AILA urged the Administration to take immediate comprehensive action to ensure the safety and security of all people impacted by the conflict in the Middle East and must take affirmative steps to ensure that individuals are not forced to return to danger in the middle of the conflict.
CA1 Upholds Denial of Asylum as to Salvadoran Petitioner Who Was Threatened with Extortion by Gangs as a Teenager
Although the court agreed with petitioner that the BIA erred by failing to evaluate the severity of her mistreatment as a teenager through the eyes of a child, it held that she had not shown a connection between her mistreatment and any protected ground. (Varela-Chavarria v. Garland, 11/9/23)
EOIR Announces 39 New Immigration Judges
EOIR announced the appointment of 39 immigration judges to courts in California, Colorado, Connecticut, Florida, Georgia, Illinois, Louisiana, Maryland, Massachusetts, Minnesota, New Jersey, New York, Ohio, Texas, Virginia, and Washington.
AILA and the Council Submit Comment to EOIR on Administrative Closure
AILA and the American Immigration Council submitted a comment in response to DOJ’s notice of proposed rulemaking (NPRM) that seeks to restore authority to EOIR adjudicators to manage and decide their cases in a reasonable manner. AILA and the Council are supportive of this NPRM.