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
AILA and Partners Submit Amicus on the Encouragement Provision
AILA and partners submit an amicus to the Supreme Court in United States v. Hansen arguing that the Encouragement Provision chills vast quantities of immigration advice from attorneys and others and is overbroad and invalid under the First Amendment.
EOIR Updates the Judicial Complaint Process
EOIR issued a document that describes its process for handling judicial complaints.
CA2 Says Petitioner’s Conviction for Sexual Abuse in New York Constituted Sexual Abuse of a Minor Under INA §101(a)(43)(A)
The court dismissed in part the petition for review, holding that petitioner’s conviction for second-degree sexual abuse under NY Penal Law §130.60(2) was a categorical match for sexual abuse of a minor under INA §101(a)(43)(A) and was thus an aggravated felony. (Debique v. Garland, 1/27/23)
CA9 Says BIA Erred in Finding Petitioner Who Was Perceived to Be a Lesbian in Guatemala Had Not Suffered Past Persecution
The court held that the BIA erred in finding that the harm suffered by the petitioner—who was verbally and physically harassed and received death threats because her community in Guatemala perceived her to be a lesbian—did not rise to the level of persecution. (Antonio v. Garland, 1/26/23)
CA2 Reverses Grant of Summary Judgment to ICE in FOIA Lawsuit
The court held that ICE was required to substitute Unique Identifying Numbers (Unique IDs) for deleted Alien Identification Numbers (A-Numbers) in producing the otherwise non-exempt records responsive to the plaintiff’s FOIA request. (ACLU Immigrants’ Rts. Project v. ICE, 1/26/23)
CA3 Finds BIA Erred in Denying Withholding and CAT Relief to Indigenous Petitioner from Guatemala Who Feared Persecution by Gang
Vacating the BIA’s denial of withholding of removal and Convention Against Torture (CAT) relief, the court held that the BIA erred in finding that the Guatemalan petitioner did not experience past persecution by a local gang due to his indigenous identity. (Saban-Cach v. Att’y Gen., 1/25/23)
AILA and Partners Submit Amicus Brief on Statutory Rape Offenses
AILA and partners submitted an amicus brief in Negriel v. Garland arguing that Esquivel-Quintana establishes conclusively that a statutory rape offense can only be "sexual abuse of a minor" if the age of consent is 16 or lower.
CA7 Upholds BIA’s Denial of Motion to Reopen After Finding Petitioner Lacked Good Moral Character
Where the Mexican petitioner had two convictions for driving while intoxicated, the court held that the BIA did not abuse its discretion in denying petitioner’s motion to reopen his cancellation of removal application based on a lack of good moral character. (Cruz-Velasco v. Garland, 1/24/23)
CA8 Finds That “Witnesses Who Cooperate with Law Enforcement” Is Not a PSG
The court held that the BIA and IJ did not err in finding that the Guatemalan petitioner had failed to demonstrate that “witnesses who cooperate with law enforcement” constituted a particular social group (PSG) for purposes of asylum eligibility. (Lemus-Coronado v. Garland, 1/23/23)
Asylum Seekers File Class Action Lawsuit Challenging ICE’s Disclosure of Confidential Information in Data Breach
The plaintiffs, asylum seekers who had been detained in ICE custody, filed a class action lawsuit in federal district court alleging that the defendants unlawfully published their private data to ICE’s website. (Asylum Seekers Trying to Assure Their Safety v. Johnson, et al., 1/20/23)
Additional Information Relating to Data Breach from ICE
ICE invited stakeholders to an engagement session to discuss its response to the inadvertent disclosure of PII of approximately 6,000 individuals in the credible fear process. As a supplement to that engagement, this additional information was circulated to stakeholders.
CA2 Says Petitioner’s Conviction for Attempted First-Degree Assault in New York Is a Crime of Violence
Denying the petition for review, the court concluded that the petitioner’s conviction for attempted first-degree assault in violation of New York Penal Law §§110.00, 120.10(1) was a crime of violence under 18 USC §16(a). (Singh v. Garland, 1/19/23)
ICE Provides FAQs on the Unintentional Disclosures of PII
ICE issued FAQs after unintentionally posting personally identifiable information, along with immigration information, of approximately 6,000 noncitizens in ICE custody. DHS also communicated to Cuba 103 names of individuals previously provided for removal processing were part of the ICE disclosure.
CA1 Upholds IJ’s Denial of Withholding of Removal to Petitioner Who Feared Gang Violence in El Salvador
The court found that the IJ did not err by concurring with an asylum officer’s determination that the petitioner, who claimed that he feared violence from gangs in El Salvador, did not have a reasonable fear of persecution or torture. (Reyes-Ramos v. Garland, 1/13/23)
DHS Will Streamline and Expedite Deferred Action for Noncitizen Workers Supporting Labor Enforcement Investigations
DHS announced that noncitizen workers who are victims of or witnesses to the violation of labor rights can now access a streamlined and expedited deferred action process, effective immediately.
ICE Releases Updated Memo on the Confiscation and Return of Original Documents
ICE issued a memo providing policy and procedures for confiscating and returning original documents until initiation of removal proceedings against any detained or non-detained noncitizen.
AILA and Partners Send Letter to President Biden on Deportations to Haiti
AILA and partners sent a letter to President Biden urging the U.S. to stop all deportations to Haiti due to the deadly conditions in Haiti, particularly impacting those individuals who are ineligible for TPS, including those with past criminal convictions or criminal charges.
CA9 Upholds Asylum Denial to Sikh Petitioner with Mann Party Affiliation in India
The court held that substantial evidence supported the BIA’s conclusion that the harm petitioner suffered in India did not amount to past torture, and that he failed to show he would more likely than not face a clear probability of future torture. (Singh v. Garland, 9/14/22, amended 1/12/23)
FOIA Request Compels EOIR to Disclose Docketing Practices
EOIR discloses materials related to docketing practices, Pereira v. Sessions, the Uniform Docketing System Manual, and more in response to a FOIA request. Special thanks to AILA member Nico Ratkowski, who filed the FOIA.
BIA Holds That Stop-Time Rule Is Triggered Only by Service of Compliant NTA or Commission of Specified Criminal Offenses
The BIA held that the stop-time rule under INA §240A(d)(1) is not triggered by the entry of a final removal order, but rather only by service of a statutorily compliant Notice to Appear (NTA) or the commission of specified criminal offenses. Matter of Chen, 28 I&N Dec. 676 (BIA 2023)
Department of the Treasury Notice on Interest Rate for Immigration Bonds
Department of the Treasury notice that for the period beginning 1/1/23 and ending 3/31/23, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 3 per centum per annum. (88 FR 1321, 1/9/23)
CA7 Finds IJ’s Adverse Credibility Determination Was Supported by Findings Tied to Substantial Record Evidence
The court upheld the IJ’s adverse credibility finding as to the Bangladeshi petitioner, concluding that although some of the IJ’s conclusions lacked evidentiary support, on the whole, the decision was supported by findings that had a credible basis in the record. (Porosh v. Garland, 1/5/23)
DHS Announces New Border Enforcement Measures
DHS announced several new border enforcement measures in anticipation of the end of Title 42, including a new parole process for Cubans, Haitians, and Nicaraguans, a new mechanism for noncitizens to schedule appointments to present themselves at ports of entry, and more.
CA4 Finds That Subsection (A)(2) of Virginia Identity Theft Statute Qualifies as a CIMT
The court held that subsection (A)(2) of the Virginia identity theft statute qualified as a crime involving moral turpitude (CIMT) under INA §237(a)(2)(A)(ii), and that the BIA did not abuse its discretion in deciding petitioner’s case in a single-member opinion. (Salazar v. Garland, 1/3/23)
CA9 Vacates Denial of Motion to Reopen Where Petitioner Claimed She Never Received Notice Changing Date and Time of Hearing
The court vacated the denial of petitioner’s motion to reopen, holding that the IJ should have determined the credibility of petitioner’s claims of non-receipt of her hearing notice in light of all circumstantial and corroborating evidence in the record. (Perez-Portillo v. Garland, 12/30/22)