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
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.
CA6 Remands for BIA to Reconsider Asylum Claim of Petitioner from China Who Practices Christianity
The court found that the BIA erred in determining that petitioner had failed to show a well-founded fear of future persecution for his practice of Christianity, and also erred in failing to conduct a complete analysis in determining whether relocation was reasonable. (Lin v. Garland, 9/1/23)
CA7 Upholds Asylum Denial to Petitioner Who Allegedly Faced Persecution in Kyrgystan for Protesting Government Mining Rights Deal
Although it shared some of petitioner’s concerns about the IJ’s review of corroborating evidence, the court held that petitioner’s account of events that led him to flee Kyrgyzstan contained too many inconsistencies to overturn the IJ’s adverse credibility finding. (Uulu v. Garland, 9/1/23)
CA8 Finds Petitioner with Emotional and Mental Health Issues Failed to Show Exceptional and Extremely Unusual Hardship
Upholding the denial of the motion to reopen following the denial of cancellation, the court found that the BIA rationally determined that petitioner’s evidence of emotional and mental health issues failed to show exceptional and extremely unusual hardship. (Trejo-Gamez v. Garland, 8/30/23)
CA2 Says IJs Must Consider Ramsameachire Factors in Assessing Credibility During Border Interviews
The court held that an IJ may not rely on a border interview to find an asylum applicant not credible without first considering the factors set forth in Ramsameachire v. Ashcroft, if the record indicates that those factors may be relevant. (Pomavilla-Zaruma v. Garland, 8/30/23)
Find a Unicorn, Slay a Dragon: The Categorical Approach, Circa 2023
Michael Vastine describes how he has deployed the “‘categorical approach' challenging many settled notions about what crimes should have immigration consequences“ and previews the upcoming Fall Conference track where “experts will summarize the dominant lines of cases from each Court of Appeal
CA8 Upholds CAT Denial to Former Child Solider Who Claimed He Would Be Tortured in South Sudan Due to His Mental Illness
Upholding the denial of Convention Against Torture (CAT) relief, the court held that the BIA did not err in finding that petitioner, a former child solder, had not shown it was more likely than not that the South Sudanese government would torture him upon return. (Deng v. Garland, 8/25/23)
CA7 Upholds Denial of Asylum to Petitioner Who Alleged She Was a Victim of Domestic Abuse
The court found that substantial evidence supported the IJ’s and BIA’s denial of asylum as to the petitioner, who had fled with her daughters from Guatemala where they were allegedly victims of domestic abuse. (Munoz-Rivera, et al. v. Garland, 8/24/23)
CA9 Holds That Appointment and Removal Process for IJs and BIA Members Comports with Article II of the Constitution
Denying the petition for review, the court held that the appointment and removal process for IJs and members of the BIA comports with Article II of the U.S. Constitution. (Duenas v. Garland, 7/27/23, amended 8/24/23)
Recent Child Labor Violations Highlight Need for Critical Labor Reforms
In this blog post, AILA member Shelly Anand and co-author Audrey Moor describe how and why current labor laws fail to protect child workers and urge immigrant rights' advocates and labor law reform advocates to work together to pass legislative reforms that will ensure clear and lasting protections.
CA1 Holds That BIA and IJ Applied Incorrect Legal Standard in Assessing Ecuadorian Petitioner’s CAT Claim
The court held that, in analyzing petitioner’s Convention Against Torture (CAT) claim, the BIA and the IJ applied the incorrect legal standard in assessing whether the Ecuadorian government would more likely than not consent or acquiesce in his torture. (Murillo Morocho v. Garland, 8/21/23)
CA1 Upholds Denial of Asylum to Petitioner Who Allegedly Fled Gangs and Extortion in El Salvador
The court held that substantial evidence supported the IJ’s and BIA’s findings that the petitioner’s experiences in El Salvador fell below the level of harm necessary to establish past persecution. (Montoya-Lopez v. Garland, 8/21/23)
CA8 Upholds BIA’s Finding of Removability as to Petitioner Convicted of Aggravated Identity Theft
The court affirmed the BIA’s finding of removability as to the petitioner, who had been convicted of Aggravated Identity Theft predicated on Wire Fraud for participating in an identity theft scheme that defrauded the State of California of roughly $475,000. (Robbertse v. Garland, 8/21/23)
Featured Issue: Immigration Court Backlog and Reprioritization
The immigration courts require urgent attention to address the 1.3 million case backlog. AILA provides a featured issue page with resources explaining how DOJ and EOIR can reprioritize cases on the docket by removing nonpriority matters.
CA10 Upholds Denial of Motion to Terminate After Finding Alleged Fourth Amendment Violations Were Not Egregious
The court held that the BIA did not err in concluding that the petitioner, who was detained in state custody and later transferred to ICE, had not shown that purported violations of the Fourth Amendment, the INA, and agency regulations were sufficiently egregious. (Aguayo v. Garland, 8/18/23)
CA6 Upholds Denial of Withholding and CAT Claims Based on Bulgarian Petitioner’s Failure to Present Credible Claim for Relief
The court upheld the BIA’s and IJ’s denial of withholding of removal and Convention Against Torture (CAT) protection based on the finding that the petitioner’s omissions in his testimony were substantially related to his claims and rendered him not credible. (Kolov v. Garland, 8/18/23)
CA8 Holds That Completed Hobbs Act Robbery Is a Crime of Violence Under INA §101(a)(43)(F)
The court held that the petitioner, who had pleaded guilty to one count of Hobbs Act robbery and had spent five years in prison, was removable because a completed Hobbs Act robbery is a crime of violence under INA §101(a)(43)(F). (Green v. Garland, 8/16/23)
AILA and Northwest Immigrant Rights Project Submit Amicus Brief to EOIR on Mandatory Detention
AILA and Northwest Immigrant Rights Project submitted an amicus brief to EOIR arguing that INA § 236 governs Matter of Perez Cruz and that the IJ decision should be vacated.
NWRIP and AILA Address Bond Eligibility for Respondent Deemed Subject to Mandatory Detention
AILA’s Amicus Committee joined NWRIP in submitting a brief arguing that the respondent was entitled to a custody redetermination by the IJ as he was subject to detention under INA §236(a) and not INA §235(b)(2).
EOIR to Stop Holding Hearings in Boise on S. Vinnell Street
EOIR announced that it will no longer hold hearings in Boise, Idaho, effective at the closure of business on August 31, 2023. All Idaho and Montana cases will also be transferred from Salt Lake City to Portland, Oregon beginning September 1, 2023.
ICE Issues Directive on INTERPOL Red Notices and Wanted Person Diffusions
ICE issued ICE Directive 15006.1 to provide guidance to ICE personnel about Red Notices or Wanted Person Diffusions, stating that ICE will not rely exclusively on Red Notices or Wanted Person Diffusions to justify enforcement actions or during immigration proceedings. Guidance is effective 9/30/23.
EOIR Announces New Appellate Immigration Judge
EOIR announced the appointment of Katharine E. Clark as a Board Member of EOIR’s Board of Immigration Appeals (BIA). Announcement includes biographical information on Katharine.
BIA Rules on Determining If Official’s Tortuous Conduct Was Undertaken “In an Official Capacity” for Purposes of CAT Eligibility
The BIA held that, for purposes of Convention Against Torture (CAT) eligibility, an official’s torturous conduct was undertaken “in an official capacity” if they were able to engage in the conduct because of their government position. Matter of J-G-R-, 28 I&N Dec. 733 (BIA 2023)