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
CA11 Vacates BIA Removability Determination Based on Conviction for Attempted First Degree Sexual Assault
The court held that the generic definition of rape in INA §101(a)(43)(A) does not include digital penetration, and vacated the BIA’s removability determination based on the petitioner’s D.C. conviction for attempted first-degree sexual abuse. (Barrie v. Att’y Gen., 2/19/26)
CA1 Upholds Asylum Denial Where Guatemalan Petitioner Alleged Years of Abuse by Former Partner
The court upheld the denial of asylum as to the Guatemalan petitioner, who alleged years of sexual and physical abuse at the hands of her former partner, finding that she failed to develop any challenge to the legal and factual bases for the BIA’s ruling. (Cante Mijangos v. Bondi, 2/18/26)
CA1 Vacates Asylum Denial as to Nepalese Petitioner Who Received Maoist Death Threats and Submitted Corroborating Evidence
The court held that the BIA erred by failing to consider potentially significant evidence the petitioner provided independent of his testimony pertaining to his likelihood of future persecution and torture, as relevant to his asylum and related claims. (Khanal, et al. v. Bondi, 2/18/26)
CA9 Orders Supplemental Briefing and Invites Amicus Briefs on Whether Circumvention of Lawful Pathways Rule Is Consistent with INA §208
The court vacated submission, ordered supplemental briefing, and invited amicus briefs on whether the Circumvention of Lawful Pathways rule at 8 CFR §1208.33(a) is consistent with INA §208. (Garcia Morales, et al. v. Bondi, 2/18/26)
CA8 Upholds Denial of Motion to Reopen In Absentia Order Where Honduran Petitioner Failed to Comply with Lozada Requirements
The court upheld the denial of petitioner’s motion to reopen her in absentia removal order, finding that her ineffective assistance claim failed to satisfy Matter of Lozada’s requirement that counsel document filing a disciplinary complaint. (Rodriguez Irias, et al. v. Bondi, 2/17/26)
EOIR Releases Fact Sheet on Observing Immigration Court Hearings
EOIR’s Office of Policy released fact sheet on observing immigration court hearings. The fact sheet outlines restrictions on court observers, including a ban on all virtual observations.
CA4 Finds Petitioner Automatically Became U.S. Citizen upon Mother’s 1998 Naturalization under Former INA §321(a)(3)
The court held that the petitioner automatically became a U.S. citizen when his mother naturalized in 1998, because his paternity had not been established “by legitimation” under the then-governing derivative citizenship statute, former INA §321(a)(3). (Lopez v. Bondi, 2/13/26)
BIA Orders Record Returned to USCIS for Further Investigation of Marriage Fraud Allegations
The BIA held that, based on the petitioner’s extensive allegations and evidence of marriage fraud regarding the approved visa petition, the record should be returned to USCIS to further consider the visa petition and take action as warranted. Matter of Jin, 29 I&N Dec. 441 (BIA 2026)
Vote Recommendation to Congress: Block Any Continued Funding for ICE and CBP and Restore Safety to American Communities
AILA sent a vote recommendation to Congress on 2/12/26 urging it to block any continued funding to ICE and CBP until enforceable reforms are put in place and safety is restored to American communities.
Leaked DHS Document Defending the Administration's Use of Administrative Warrants in Immigration Enforcement
A leaked document from DHS, reported by Pablo Manríquez at Migrant Insider, outlines ICE's current use of administrative warrants for immigration enforcement and the legal justification being used to carry out such actions.
CA5 Holds That Noncitizens Present Without Admission Are Subject to Mandatory Detention under INA §235(b)(2)(A)
The court held that noncitizens present in the United States who were never admitted or paroled are applicants for admission under INA §235(a)(1) and are subject to mandatory detention under INA §235(b)(2)(A) during removal proceedings. (Buenrostro-Mendez v. Bondi, 2/6/26)
Immigration Judge Tracker – Form
Use this form to report information on immigration judges, such as if they have been fired or otherwise removed. Information submitted will be made available to AILA members on AILA’s Immigration Judge Tracker.
AILA's Immigration Judge Tracker
AILA’s Immigration Judge Tracker gathers information on current immigration judges and immigration judge removals in one location.
EOIR Announces 6 Immigration Judges and 27 Temporary Immigration Judges
EOIR announced the investiture of 6 immigration judges and 27 temporary immigration judges to join courts in Arizona, California, Colorado, Florida, Georgia, Illinois, Louisiana, Maryland, Massachusetts, Nebraska, New York, Texas, Utah, Virginia, and Washington.
BIA Finds Marriage to U.S. Citizen Entered into After Removal Order Is Not Exceptional Circumstance for Sua Sponte Reopening
The BIA held that a respondent’s valid marriage to a U.S. citizen entered into after a removal order does not constitute an exceptional situation warranting sua sponte reopening of removal proceedings. Matter of Yadav, 29 I&N Dec. 438 (BIA 2026)
CA2 Holds That BIA Abused Its Discretion in Finding Petitioner Failed to Show Due Diligence in Pursuing Motion to Reopen
The court held that the BIA abused its discretion in denying the petitioner’s motion to reopen his removal proceedings, finding that the BIA failed to provide sufficient reasons or apply the proper equitable tolling analysis concerning reasonable diligence. (Pinilla Perez v. Bondi, 2/5/26)
CA9 Finds IJ and BIA Abused Discretion in Denying Petitioners’ Motion to Reopen In Absentia Removal Orders Based on Traffic Delay
The court held that the IJ and BIA abused their discretion by applying a categorical rule that traffic delays cannot constitute exceptional circumstances to reopen in absentia removal orders and failed to consider the totality of the circumstances. (Montejo-Gonzalez v. Bondi, 2/5/26)
Client Flyers
AILA offers concise educational flyers for members to share with their clients or prospective clients to inform them about a wide range of pertinent immigration law issues. Customizable versions are available.
BIA Holds That Matter of N–A–M– Provides Proper Framework for Particularly Serious Crime Determinations
The BIA held that the Matter of N–A–M– framework is the proper rubric for determining whether a crime is particularly serious and that there is no presumption that a single misdemeanor conviction is not for a particularly serious crime. Matter of E–A–S–O–, 29 I&N Dec. 422 (BIA 2026)
CA9 Blocks DHS’s Attempt to Vacate TPS for Venezuela and Shorten Haiti’s Protection
The court ruled DHS exceeded its authority by vacating Venezuela’s TPS designation and shortening Haiti’s TPS period, finding TPS statute allows only designation, extension, or termination—not midstream vacatur—and requires strict procedures. (Nat’l TPS All., et al. v. Noem, et al., 1/28/26)
CA10 Upholds Asylum Denial as to Petitioner Who Alleged Salvadoran Police Abuse Based on Suspected Gang Affiliation
The court held that the petitioner failed to establish that harm by Salvadoran police based on his alleged membership in a particular social group (PSG)—namely, those with “imputed gang membership”—was on account of a protected ground. (Bonilla-Espinoza v. Bondi, 1/27/26)
Vote Recommendation: AILA Urges Senate to Vote NO on FY2026 Homeland Security Appropriations Bill
AILA sent a vote recommendation to the Senate on 1/26/26 urging a NO vote on the FY2026 Homeland Security Appropriations bill.
AILA Sends List of Demands to Congress Highlighting Measures to be Implemented before Voting for DHS Funding
AILA urges Congress to say NO to funding DHS until measures are implemented to check unlawful DHS policies that are leading to chaos, violence and death in American communities. AILA and coalition partners sent the following 10 demands for Congress to enact before it passes any funding for DHS.
CA1 Holds That Petitioner’s Convictions in Massachusetts for “Open and Gross Lewdness” Were Not Categorically CIMTs
The court held that the petitioner’s two convictions under Massachusetts law for “open and gross lewdness” were not categorically crimes involving moral turpitude (CIMTs) under INA §237(a)(2)(A), and thus granted the petition for review. (Tomar v. Bondi, 1/23/26)
EOIR Notice of FY26 Adjustment for Inflation for Fees Required by H.R. 1
EOIR notice announcing inflationary adjustments for Fiscal Year (FY) 2026 to immigration-related fees for filings with EOIR required by H.R. 1. The fees are effective 2/1/26 and must be included with filings postmarked on or after that date. (91 FR 2561, 1/21/26)