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
Practice Alert: Considerations for Responding to ICE Data Leak
AILA’s ICE Committee provides recommendations on advocacy and analysis of negative consequences for clients impacted by the ICE data leak of personal information of over 6,000 people in detention. Special thanks to committee member Leah L. Chavarria for her work on this alert.
AILA Urges the Biden Administration to Reject the Return of Family Detention and Calls for the Adoption of Humane and Effective Alternatives
AILA expressed grave concern at the possibility the Biden Administration may resume family detention; AILA urges President Biden to stand by the previous decision to end family detention and reject policies that have been proven to have devastating consequences on children and families.
CA5 Finds That Petitioner’s Texas Conviction for Aggravated Robbery Was an Aggravated Felony Theft Offense
The court held that the BIA did not err in concluding that the petitioner’s conviction for aggravated robbery in Texas constituted an aggravated felony theft offense under INA §101(a)(43) thus rendering him ineligible for asylum. (Rodriguez Gonzalez v. Garland, 3/3/23)
District Court Orders Newark IJs to Consider All Relevant Factors Presented in Adjudicating WebEx Motions
The district court ordered Newark IJs to consider all relevant factors presented while exercising their discretion in deciding attorneys’ motions for WebEx hearings at the Newark Immigration Court, including EOIR’s internal guidance and CDC guidance. (AILA New Jersey Chapter v. EOIR, 3/1/23)
EOIR Announces Unplanned Maintenance to the Automated Case Information System
EOIR announced unplanned maintenance to the Automated Case Information System and the Respondent Access application. EOIR is working to restore them as quickly as possible.
Virtual Attorney Visitation Added to Three Louisiana ICE Jails
ICE has installed new “Virtual Attorney Visitation” capabilities at three immigration jails within the New Orleans Area of Responsibility. The three jails are: River Correctional Center, Richwood Correctional Center, and South Louisiana ICE Processing Center.
DHS and DOJ Proposed Rule to Establish an Asylum “Transit Ban”
DHS and DOJ proposed rule to establish a rebuttable presumption of asylum ineligibility for certain noncitizens who enter at the southwest border without documentation and traveled through a country that is a signatory to the 1951 Refugee Convention or its 1967 Protocol. (88 FR 11704, 2/23/23)
CA9 Says Petitioner Was Required to File Separate Cross-Appeal to Challenge IJ’s Alternative Order on Merits of His Claims
The court held that BIA permissibly declined to consider petitioner’s challenges to IJ’s alternative denial of withholding of removal and protection under the Convention Against Torture (CAT) because he did not file a cross-appeal of that determination. (Lopez Hernandez v. Garland, 2/16/23)
CA11 Remands Asylum Claim of Cuban Petitioner Who Claimed He Was in Severe Danger in Cuba Due to His Political Beliefs
Granting the petition for review, the court held that two purported inconsistencies in the record were not supported by reasonable, substantial, and probative evidence, and thus could not form the basis for an adverse credibility determination as to petitioner. (Serra v. Att’y Gen., 2/15/23)
AILA’s EOIR Liaison Committee Meets with EOIR (2/15/23)
The AILA EOIR Liaison Committee shared the minutes from its meeting with EOIR on February 15, 2023.
BIA Says Noncitizens Inadmissible Under INA §212(a)(9)(B)(i) Are Not Required to Live Outside U.S. During Waiting Period
The BIA held that noncitizens who are inadmissible for a specified waiting period pursuant to INA §212(a)(9)(B)(i) due to their previous unlawful presence and departure are not required to reside outside the United States during this time. Matter of Duarte-Gonzalez, 28 I&N Dec. 688 (BIA 2023)
CA4 Vacates BIA’s Denial of Equitable Tolling After Finding Petitioner Demonstrated Due Diligence
Reviewing the BIA’s decision de novo, the court vacated the BIA’s denial of equitable tolling based on the Board’s finding that the petitioner had been insufficiently diligent in discovering his rights. (Williams v. Garland, 2/9/23, amended 2/10/23)
Practice Pointer: Filing Administrative Stays of Removal Post-Enforcement Priorities Vacatur
This practice pointer summarizes developments related to filing stays of removal based on AILA’s ICE Liaison Committee engagements with ICE Headquarters. Special thanks to John Gihon and Sui Chung for their work on this practice pointer.
BIA Holds That Pereira and Niz-Chavez Are Inapplicable to Proceedings Initiated by Form I-122 and Other Pre-IIRAIRA Charging Docume
The BIA held that Pereira v. Sessions and Niz-Chavez v. Garland are inapplicable to proceedings initiated by the Form I-122 and other charging documents issued prior to the effective date of the IIRAIRA. Matter of J-L-L-, 28 I&N Dec. 684 (BIA 2023)
CA8 Rejects Honduran Petitioner’s Claim That Any Actual or Imputed Political Opinion Was a Central Reason for His Mistreatment
The court found that the BIA’s determination that the petitioner had never expressed any political opinion or anti-corruption sentiment and that the MS-13 gang had never imputed such a position to him when it threatened him was supported by the record. (Aguilar Montecinos v. Garland, 2/10/23)
Members of Congress Send Letter to OMB on CMPP Funding
Members of Congress sent a letter to OMB requesting that the President’s FY2024 budget proposal include robust funding of at least $20 million for the Federal Emergency Management Agency’s (FEMA) Case Management Pilot Program (CMPP) and DHS to prioritize establishing the program.
CA1 Upholds Asylum Denial to Honduran Petitioners Who Received Death Threats as Family Unit
Upholding the BIA’s denial of petitioners’ request for asylum, the court held that petitioners’ receipt of death threats in Honduras as a family unit did not convert the non-protected criminal motivation into persecution on the basis of family connections. (Barnica-Lopez v. Garland, 2/8/23)
CA1 Finds BIA Failed to Comply with Court’s Prior Remand Order by Not Considering Significant Documentary Evidence
The court concluded that, in rejecting the petitioner’s withholding of removal claim, the BIA on remand again failed to properly consider significant documentary evidence, and thus vacated the Board’s removal order and remanded for further proceedings. (Aguilar-Escoto v. Garland, 2/7/23)
CA8 Rejects Petitioner’s Argument That BIA Failed to Analyze All the Avetisyan Factors in Denying Motion to Reconsider
The court held that the BIA did not abuse its discretion in denying petitioner’s motion to reconsider the denial of an administrative closure of his removal proceedings, rejecting his claim that BIA did not analyze all the Matter of Avetisyan factors. (Islas-Saldana v. Garland, 2/7/23)
CA5 Upholds Denial of Asylum to Petitioner Who Had Allegedly Been Arrested and Tortured by Cameroonian Government
The court rejected the Cameroonian petitioner’s argument that the BIA had ignored substantial record evidence, including country-conditions evidence that allegedly corroborated his claims for asylum and related relief. (Mohndamenang v. Garland, 2/6/23)
CA6 Finds That Petitioner with Two Drunk Driving Convictions Lacked Good Moral Character for Cancellation Purposes
The court held that the BIA properly found that petitioner’s history of alcohol abuse and his two convictions for drunk driving showed a lack of good moral character for purposes of cancellation of removal, and thus denied the petition for review on the merits. (Hernandez v. Garland, 2/6/23)
EOIR Announces 23 New Immigration Judges
EOIR announced the appointment of 23 immigration judges to courts in California, Connecticut, Georgia, Louisiana, New Jersey, New Mexico, New York, Texas, and Virginia.
SmartLINK: The ICE Electronic Monitoring Application on Your Client’s Phone
AILA provides members with a factsheet on the SmartLINK Phone application used by ICE within its Alternatives to Detention Program. The factsheet includes information on how it operates and its functionality.
CA1 Remands CAT Claim of Petitioner Who Was Hospitalized Following Police-Aided Assault in Guatemala
Where the petitioner had fled Guatemala after he had been hospitalized following an assault that appeared to be aided by the police, the court granted the petition for review as to the petitioner’s Convention Against Torture (CAT) claim and remanded. (Hernandez-Martinez v. Garland, 2/2/23)
CRS Legal Sidebar: The Effect of Private Immigration Legislation and Recent Policy Changes
The Congressional Research Service (CRS) provides a legal sidebar with a brief history of private immigration bills and ICE’s handling of individuals who are the subject of these bills.