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
CA9 Says Petitioner Was Not Required to Include New Application for Relief with Motion to Reopen Based on Changed Circumstances
The court held that, consistent with the plain text of 8 CFR §1003.2(c)(1) and various persuasive authorities, a motion to reopen that adds new circumstances to a previously considered application need not be accompanied by an application for relief. (Reyes-Corado v. Garland, 8/11/23)
EOIR Announces 38 New Immigration Judges
EOIR announced the appointment of 38 immigration judges to immigration courts in California, Florida, Georgia, Illinois, Louisiana, Maryland, Massachusetts, Michigan, New Jersey, Ohio, Texas, Utah, and Virginia.
DOJ 60-Day Notice and Request for Comment on Proposed Revisions to Form EOIR-27
DOJ 60-day notice and request for comments on proposed revisions to Form EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals. Comments are due 10/10/23. (88 FR 53927, 8/9/23)
CA9 Remands Where BIA Applied Wrong Standard in Denying Petitioner’s Motion to Reopen
The court held that prima facie eligibility for cancellation of removal requires only a threshold showing of eligibility—that is, a reasonable likelihood that the petitioner would prevail on the merits if the motion to reopen were granted. (Fonseca-Fonseca v. Garland, 8/8/23)
CA7 Finds BIA Did Not Err in Declining to Reopen Removal Proceedings of Petitioner Who Had Been Pardoned by State Governor
The court held that the petitioner, who was inadmissible for having committed crimes involving moral turpitude (CIMTs), was not rendered admissible under the INA by a pardon from the governor of Illinois. (Wojciechowicz v. Garland, 8/8/23)
CA1 Upholds BIA’s Denial of Asylum to Peruvian Petitioners Who Feared Persecution on Account of Their Political Opinion
Where petitioners feared being seriously physically harmed or killed in Peru due to their involvement with the American Popular Revolutionary Alliance (APRA) party, the court held that the BIA did not err in denying their claims for asylum and related relief. (Vila-Castro v. Garland, 8/8/23)
DHS Interim Final Rule on Electronic Service of Bond Notifications
DHS interim final rule (IFR) authorizing ICE to electronically serve bond-related notifications to obligors for immigration bonds. The rule is effective 9/7/23, and comments must be received by that date. (88 FR 53358, 8/8/23)
CA5 Upholds Denial of Asylum to Honduran Petitioner Whose Proposed PSG Was Her Son’s Nuclear Family
The court held that there is no per se rule that every family-based particular social group (PSG) is cognizable, and found that the petitioner was required to offer some evidence of the social distinction in Honduran society of her son’s nuclear family. (Garcia-Gonzalez v. Garland, 8/7/23)
CA1 Finds Petitioner Was Ineligible for Equitable Tolling Because He Failed to Establish Prejudice
The court held that the BIA did not abuse its discretion in determining that the petitioner was ineligible for equitable tolling based on ineffective assistance of counsel, because he had failed to establish prejudice. (Yoc Esteban v. Garland, 8/7/23)
Resources for New Members
If you are new to immigration practice, AILA’s New Member Division has benefits and services to help you build a successful and rewarding practice.
CA1 Says NACARA Does Not Divest BIA of Its Discretion to Sua Sponte Reopen Proceedings
Granting the petition for review, the court found that nothing in the Nicaraguan Adjustment and Central American Relief Act (NACARA) limited the BIA’s general discretionary power to reopen sua sponte a case in which it had rendered a decision. (Mancia v. Garland, 8/4/23)
CA1 Holds That IJ Completes Proceedings for Purposes of Judicial Venue Where Proceedings Are Commenced
The court concluded that, for purposes of judicial venue under INA §242(b)(2), an IJ completes the proceedings at the court where the proceedings are commenced, absent a formal change in administrative venue, and denied the petition for review. (Bazile v. Garland, 8/4/23)
Quick Member Survey Aims to Highlight Some Key Issues Hampering Immigration Courts
AILA Policy and Practice Counsel ManoLasya Perepa urges AILA members to fill out a quick survey to help us better understand EOIR's specialized dockets; the information will help determine whether policies are helping address the backlog while upholding due process.
CA10 Finds IJ Erred by Misapplying “Under-Color-of-Law” Element in CAT Claim Analysis
The court held that the IJ misapplied the “under-color-of-law” element in analyzing petitioner’s Convention Against Torture (CAT) claim when it found that the Costa Rican police officers who beat and raped the petitioner did not act under color of law. (Arostegui-Maldonado v. Garland, 8/1/23)
Reminder: BIA Invites Amicus Briefs on Whether IJs Should Allow DHS to Remedy a Noncompliant NTA
The BIA invites interested members of the public to file amicus curiae briefs discussing whether immigration judges (IJs) should allow DHS to remedy a noncompliant Notice to Appear (NTA) and how noncompliant NTAs should be remedied. Briefs are due 8/31/23.
Practice Alert: ICE Reinstates Mayorkas Enforcement Priorities and Doyle Memo
AILA’s National ICE Liaison Committee provides an update on the reinstatement of the Mayorkas enforcement priorities and Doyle Memo.
ICE Releases Temporary Housing Standards for Children, Families, and Single Adults
ICE released Temporary Housing Standards (THS) for single adults, family units, and children. The new standards outline the requirements for housing noncitizens at temporary stay sites for 72 hours or less. The standards are tailored to the context and limitations of a hotel setting.
CA11 Says Petitioner Forfeited Right to Judicial Review by Withdrawing Appeal to BIA and Asking to Be Deported
The court concluded that the petitioner forfeited any right to judicial review of his claim that the federal laws governing derivative citizenship are unconstitutional when he deliberately withdrew his appeal to the BIA and asked to be deported. (Clement v. Att’y Gen., 7/28/23)
CA4 Holds That Prior Termination of Noncitizen’s Asylum Status Renders Them Ineligible for Adjustment to LPR status
Denying the petition for review, the court concluded that INA §209(b) unambiguously precludes a noncitizen whose asylum status has been terminated from adjusting to lawful permanent resident (LPR) status. (Cela v. Garland, 7/28/23)
CA7 Finds BIA’s Determinations That Petitioner Had Not Been Persecuted and Could Relocate Within Mexico Were Dispositive
The court denied the petition for review, finding that the petitioner had failed to meaningfully challenge the two dispositive issues in his case before the BIA or the court—namely, the findings of no past persecution and ability to relocate upon return to Mexico. (Mejia v. Garland, 7/27/23)
CA8 Finds Petitioners’ Motion for Reconsideration Automatically Terminated Voluntary Departure Granted in Previous Proceeding
The court held that BIA did not abuse its discretion in denying petitioners’ motion for reconsideration, because their filing of a motion to reconsider prior to the end of their voluntary departure period automatically terminated the grant of voluntary departure. (Bekhbat v. Garland, 7/27/23)
USCIS 30-Day Notice and Request for Comment on Proposed Revisions to Form I-212
USCIS 30-day notice and request for comment on proposed revisions to Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. Comments are due 8/28/23. (88 FR 48486, 7/27/23)
Practice Alert: ICE Online Change of Address Available Nationwide
AILA provides a practice alert following ICE’s announcement that its online change-of-address form for noncitizens is available nationwide. The alert details what information is needed to complete the form and the option to elect to receive a Notice to Appear by mail or in person.
Practice Alert: Changes to Requests for Reconsiderations in Expedited Removal
This practice alert covers recent changes to Requests for Reconsiderations in expedited removal which has a significant impact on the law and procedures regarding the credible fear interview process, including a seven-day deadline and change in RFR eligibility for certain noncitizens.
CA2 Finds BIA and IJ Erred in Finding Chinese Petitioner Who Practiced Falun Gong Was Not Credible
The court concluded that the IJ misidentified part of the petitioner’s testimony as inconsistent, improperly relied on trivial inconsistencies, and misconstrued as an omission a part of the petitioner’s testimony that comported with his Form I-589 asylum statement. (Chen v. Garland, 7/25/23)