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
CA1 Holds That Petitioner’s Pending Post-Conviction Motion to Vacate Did Not Disturb Finality of Conviction for Immigration Purposes
The court held that BIA did not abuse its discretion in finding that petitioner’s pursuit of post-conviction relief neither destroyed the finality of her underlying conviction for immigration purposes nor invalidated the basis for the removal order based on it. (St. John v. Garland, 9/19/23)
USCIS Clarifies Guidance for Filing DACA Applications
USCIS issued an update after a U.S. district court decision found the DACA final rule unlawful. USCIS will continue to accept and process DACA renewals and accompanying applications for EADs. USCIS will continue to accept initial requests, but per the order, not process initial DACA requests.
CA3 Remands Asylum Claim of Honduran Petitioner Who Feared Persecution Based on Her Past Experiences of Abuse and Sexual Violence
The court remanded for the BIA to determine whether the petitioner’s proposed particular social group (PSG) was cognizable in light of the specific country conditions in Honduras. (Avila v. Att’y Gen., 9/14/23)
AILA Submits Amicus on If DHS Can Remedy a Non-compliant NTA with an Amendment
AILA submitted an amicus brief to the BIA in response to Amicus Invitation No. 23-01-08, arguing that the Board should hold that if DHS serves a putative Notice to Appear that does not comply with Niz-Chavez, termination with prejudice is warranted.
CA9 Holds That Stop-Time Rule Refers to Date an INA §212(a)(2) Offense Is Committed
The court held that the BIA did not err in concluding that the stop-time rule set forth in INA §240A(d)(1)(B) is calculated from the date a petitioner committed the criminal offense that rendered him removable, rather than the date they were convicted. (Rudnitskyy v. Garland, 9/14/23)
CA9 Finds Mexican Petitioner’s Credible Testimony Established Reasonable Fear of Persecution or Torture
Granting the petition for review, the court held that the petitioner’s own credible testimony at the screening stage sufficiently established a reasonable fear of persecution or torture to warrant a hearing before an IJ on the merits of his claims for relief. (Hermosillo v. Garland, 9/14/23)
AILA’s EOIR Liaison Committee Meets with EOIR (9/14/23)
AILA’s EOIR Liaison Committee met with EOIR in person as well as virtually in September 2023. Topics discussed included specialized dockets, pre-hearing conferences and DHS non-appearance, default hearing mediums and Webex issues, technology issues, and more. View the minutes as well as the agenda.
CA2 Declines to Give Retroactive Effect to New York’s Modification of Sentencing Scheme for Class A Misdemeanors
Declining to give retroactive effect to New York’s modification of its sentencing scheme for purposes of federal immigration law, the court upheld the BIA’s conclusion that petitioner was removable because he committed a crime involving moral turpitude. (Peguero Vasquez v. Garland, 9/13/23)
CA5 Says Business Owners Are Not a Protected Social Group for Purposes of Asylum and Withholding of Removal
Denying the petition for review, the court agreed with the BIA that the petitioners’ proposed social group of “Salvadoran business owners” was not cognizable under the INA, because “business owner” is not an immutable trait. (Munoz-De Zelaya v. Garland, 9/12/23)
CA4 Finds IJ Erred by Failing to Inform Petitioner of Bond Amount and Deadline Before Granting Voluntary Departure
The court held that the BIA erred in concluding that the IJ was not required to advise petitioner of the bond requirement before granting voluntary departure, and found that it was insufficient for the IJ to provide the required advisals in the order itself. (Solis-Flores v. Garland, 9/11/23)
CA5 Upholds Asylum Denial to Former Employee of Ministry of Justice in El Salvador
The court upheld the denial of asylum to the Salvadoran petitioner, rejecting her argument that the BIA’s application of Matter of Fuentes was too broad because it rendered any government employee, even an office worker, ineligible for relief. (Martinez-De Umana v. Garland, 9/8/23)
BIA Says Determining Reasonableness of Respondent’s Failure to Seek Assistance from Authorities Is Fact-Specific Inquiry
The BIA held that, for purposes of asylum and withholding of removal, determining whether the government in the respondent’s native country is or was unable or unwilling to protect the respondent from harm is a fact-specific inquiry. Matter of C–G–T–, 28 I&N Dec. 740 (BIA 2023)
CA10 Upholds Dismissal of Motion to Reopen Where Petitioner Failed to Voluntarily Depart or File Administrative Motion Within 60 Days
The court denied the petitioner’s motion for reconsideration of the BIA’s dismissal of his motion to reopen proceedings, finding that he had failed to voluntarily depart or file an administrative motion within 60 calendar days pursuant to INA §240B(b)(2). (Velázquez v. Garland, 9/8/23)
CA9 Holds That Reasonable Fear Screening Proceedings Are Consistent with Statutory Provisions Governing Withholding of Removal
The court followed Alvarado-Herrera v. Garland to hold that the reasonable fear screening procedures established by 8 CFR §§208.31 and 1208.31 are consistent with the statutory provisions governing withholding of removal. (Alonso-Juarez v. Garland, 9/8/23)
EOIR NPRM on Appellate Procedures and Administrative Closure
EOIR Notice of Proposed Rulemaking to restore the regulatory text to reflect procedures that were in place prior to the previous administration’s enjoined December 2020 final rule “Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure.” (88 FR 62242, 9/8/23)
AILA Welcomes Biden Administration Effort to Restore Integrity to America’s Immigration Courts
AILA Senior Director of Government Relations Greg Chen welcomed efforts to restore the immigration court system’s integrity as “vital to preventing future political interference with the courts by the executive branch” while urging Congress to establish an Article I immigration court system.
ICE Invites Stakeholders to September 13, Engagement for Legal Service Providers on FERM
The Family Expedited Removal Management (FERM) program of non-detained credible fear interviews for families is expanding to several new cities. If you are interested in attending the Wednesday, 9/13 engagement, RSVP by Monday, 9/11 at noon (ET).
AILA and the Council Issue Joint Comment on DHS Interim Final Rule regarding Electronic Immigration Bond Notifications
AILA and the American Immigration Council submitted a joint comment on a DHS interim final rule on immigration bond notifications highlighting the need for clarity, issues with the electronic system known as CeBONDS, and recommending ICE continue to permit bond payments in person.
EOIR to Host National Stakeholder Meeting for Law School Immigration Clinics
EOIR invites faculty, staff, and students from law school immigration clinics to attend a national stakeholder meeting via Webex on 9/21/23 focused on pro bono advocacy.
Practice Alert: ICE Transitioning to E-Payment for Bonds
AILA’s ICE Committee updated its practice alert on ICE’s introduction of a web-based immigration bond system called CeBONDS to note that ICE appears to continue to allow bond payments in person on a case-by-case basis. However, ICE is working towards a full electronic bond payment process.
Practice Alert: Office of The Detention Ombudsman Case Intake Process
AILA provides a summary of the Detention Ombudsman Case Intake Process and written responses to questions posed during an open forum session with the Office of the Immigration Detention Ombudsman (OIDO) at the 2023 AILA Annual Conference.
EOIR 60-Day Notice and Request for Comment on Proposed Revisions to Form EOIR-59
EOIR 60-day notice and request for comment on proposed revisions to Form EOIR-59, Certification and Release of Records. Comments due 11/6/23. (88 FR 61615, 9/7/23)
CA4 Upholds Denial of CAT Relief to Former MS-13 Gang Member Who Feared Torture by Gangs and Police in Honduras
The court held that substantial evidence supported the BIA’s and IJ’s conclusion that the petitioner had failed to show that it was more likely than not he would be tortured with the acquiescence of a public official if removed to Honduras. (Ponce-Flores v. Garland, 9/6/23)
USCIS 30-Day Notice and Request for Comment on Proposed Revisions to Form I-589
USCIS 30-day notice and request for comment on proposed revisions to Form I-589, Application for Asylum and for Withholding of Removal. Comments are due 10/5/23. (88 FR 60703, 9/5/23)
AILA Submits Amicus to the Supreme Court on Threshold Eligibility Requirement for Cancellation of Removal Determinations
AILA submitted an amicus brief in Wilkinson v. Garland to the Supreme Court highlighting the importance that federal courts retain jurisdiction to review an agency determination for the purposes of cancellation of removal.