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
CA2 Finds It Lacked Jurisdiction to Review Denial of Cancellation Where IJ Found Petitioner Gave False Testimony
The court held that the IJ’s determination that the petitioner had given false testimony for the purpose of obtaining an immigration benefit was an unreviewable question of fact, and upheld the denial of cancellation of removal under INA §242(a)(2)(B). (Penaranda Arevalo v. Bondi, 3/7/25)
Policy Brief: Explaining the Foreign Policy Ground of Removability
The federal government’s arrest and detention of a Columbia University student, Mahmoud Khalil, has put a national spotlight on an obscure provision of immigration law. This policy brief explains this law and the constitutional and statutory concerns with the government’s actions against Khalil.
EOIR Issues Policy Memo Canceling Director’s Memo on Internet-Based Hearings
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-25 rescinding and canceling Director’s Memorandum (DM) 22-07, which provided guidance to IJs on internet-based video hearings, stating that the DM was “purposeless,” ultra vires, and contradictory of a prior PM.
CA2 Remands After Finding IJ Improperly Applied Matter of M–A–M– Framework
The court held that the IJ improperly applied the Matter of M–A–M– framework to the petitioner’s case by failing to consider the character, scope, and severity of the petitioner’s disabilities and his competency to proceed at his hearing without safeguards. (Reid v. Bondi, 3/14/25)
CA7 Upholds Asylum Denial to Petitioner Who Feared Persecution in Uzbekistan Based on His Conversion to Catholicism
Where the petitioner challenged the denial of his asylum claim on untimeliness grounds, the court found that the “reasonable time” regulation was valid, and concluded that it lacked jurisdiction to consider the timing of the petitioner’s change in circumstances. (Gulomjonov v. Bondi, 3/14/25)
ICE Releases Information on Arrests Made During First 50 Days of Trump Administration
ICE released information on arrests made during the first 50 days of the Trump Administration, reporting that the agency made 32,809 enforcement arrests during that time period.
CA6 Finds It Lacked Jurisdiction over BIA’s Denial of Waiver Based on Hardship Conclusion
The court dismissed the petition for review, holding it lacked jurisdiction to review the BIA’s determination that petitioner had failed to establish the extreme hardship to a qualifying relative for a waiver of inadmissibility under INA §212(a)(9)(B)(v), (i)(1). (Rahman v. Bondi, 3/13/25)
CA1 Finds BIA Applied Wrong Burden of Proof in Finding DHS Had Established Petitioners’ Alienage
The court held that the IJ and BIA applied the wrong burden of proof in concluding that DHS had established petitioners’ alienage by “clear and convincing” evidence, finding that the agency was instead required to use the “clear, unequivocal, and convincing” standard. (Rosa v. Bondi, 3/13/25)
CA3 Upholds Denial of Cancellation to Petitioner Whose Son Suffered from Behavioral and Emotional Problems
The court held that substantial evidence supported the IJ’s conclusion that the financial and emotional harm the petitioner’s removal would likely cause to his U.S.-citizen son did not rise to the level of exceptional and extremely unusual hardship. (Wilkinson v. Bondi, 3/11/25)
CA6 Upholds Asylum Denial to Petitioners Who Were Threatened by Loan Sharks in India
The court held that there was a lack of nexus between the petitioners’ proposed social groups and their risk of future persecution, finding that petitioners failed to show that a reason the loan sharks threatened them was because they were loan-shark victims. (Patel, et al. v. Bondi, 3/11/25)
CA10 Upholds Asylum Denial to Indian Petitioner Who Feared Persecution from Badal Party Members
The court held that the BIA did not misinterpret the unable-or-unwilling standard in ruling that petitioner failed to prove India was unable or unwilling to protect him from private persecutors, and found BIA’s factfinding satisfied the substantial evidence standard. (Singh v. Bondi, 3/11/25)
CBP Launches CBP Home Mobile App with New Report Departure Feature
CBP announced the launch of its public-facing mobile application, CBP Home, which replaces the CBP One app and has a new feature, “Intent to Depart,” that provides individuals who are unlawfully present a voluntary process to notify the government of their intent to depart the United States.
DHS Announces Expanded Leadership to Revamp ICE
DHS Secretary Kristi Noem issued a statement announcing new leadership to ICE to “reinstitute a culture of results and accountability.” Todd Lyons will serve as Acting ICE Director, and Madison Sheahan will serve as Deputy Director of ICE.
Policy Brief: The Trump Administration's Assault on Immigration Courts
Analysis of the recent updates from the Executive Office of Immigration Review (EOIR) on how new policies and agency terminations will impact removal proceedings.
Reuters Releases Updated Guidance From ICE on Expedited Removal
Reuters published a story today, containing the email guidance from ICE ERO on updated policies regarding expedited removal and certain detentions.
CA2 Remands Asylum Claim of Chinese Petitioner Whose Home Was Demolished Without Just Compensation
Where petitioner claimed he had been persecuted by the Chinese government due to his opposition to its “forcible demolition” policy, the court held that the IJ and BIA failed to consider material evidence bearing on petitioner’s claims for asylum and related relief. (Tian v. Bondi, 3/5/25)
CA11 Upholds Denial of Withholding and CAT Relief to Nicaraguan Petitioner Who Feared Persecution Due to Family’s Political Activities
The court found that petitioner had not established a well-founded fear of persecution, reasoning that the bulk of his claims of persecution of his family members in Nicaragua were so “dated” that they could not support an inference of future persecution. (Laguna Rivera v. Att’y Gen., 3/5/25)
Convention Against Torture Assessment Notice For Alien(s) Whose Entry Has Been Suspended and/or Restricted Pursuant to INA §§ 212(f) or 215(a)
This is a sample of 212(f) CAT screening interview notes from an individual who failed the 212(f) screening. Private information has been redacted.
The individual sought asylum in between the official ports of entry after 1/20/25. Interview occurred in ICE custody by an Asylum Officer via phone.
CA2 Holds That DHS May Not Parole an LPR Who Has Been Charged with, but Not Convicted of, a CIMT
The court held that DHS may not parole a lawful permanent resident (LPR) at the border who has been charged with—but not yet convicted of—a crime involving moral turpitude (CIMT), and concluded BIA erred in finding petitioner removable under INA §212(a)(2)(A)(i)(I). (Lau v. Bondi, 3/4/25)
CA6 Finds Petitioner’s Virginia Arson Conviction Qualified as an Aggravated Felony
The court held that the petitioner’s conviction for arson in violation of Virginia Code §18.2-77 constituted an aggravated felony under INA §101(a)(43)(E)(i), concluding that the Virginia arson statute was not broader than the federal arson statute. (Mohammed v. Bondi, 3/4/25)
Practice Alert: What Happens If the Government Shuts Down
House Republicans are attempting to avoid a government shutdown less than two months into President Trump’s term, an effort made difficult due to their slim majority. Use this page to know what might happen if the government does shut down.
Deaths at Adult Detention Centers
AILA provides a continually updated list of press releases announcing deaths in adult immigration detention.
USCIS Releases Policy Memo on Issuance of NTAs in Cases Involving Inadmissible and Removable Noncitizens
USCIS released a policy memorandum that will be used to guide the issuance of Notices to Appear (NTAs) by all USCIS employees in cases involving inadmissible and removable noncitizens.
ICE Announces Expansion of Detention Capacity with Delaney Hall Facility in New Jersey
ICE announced the imminent reopening of the Delaney Hall Facility in Newark, New Jersey, after reaching an agreement with the facility’s owner to reestablish the federal immigration processing and detention center at the 1,000-bed facility.
Featured Issue: Prosecutorial Discretion
The Supreme Court issued a decision on a challenge to the Biden Administration’s enforcement priorities guidance. This resource page provides information on prosecutorial discretion, its importance as a tool for ICE, and AILA’s support of prosecutorial discretion in immigration enforcement.