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
CA1 Concludes That Petitioner Did Not Generate a Genuine Issue of Material Fact Supporting His Claim of Derivative Citizenship
The court held that petitioner had not established a claim to derivative citizenship under any of the three provisions of INA §321—in effect when he was a minor—and thus found that he was removable as a noncitizen who had been convicted of an aggravated felony. (Robinson v. Garland, 12/28/22)
CA8 Says BIA Erred in Reversing IJ’s Decision to Grant CAT Protection to Salvadoran Petitioner
The court held that the BIA did not provide sufficient justification for its reversal of the IJ’s decision to grant Convention Against Torture (CAT) protection, because it failed to identify reasons that the IJ clearly erred in its factual findings. (Alvarez-Gomez v. Garland, 12/28/22)
CA1 Finds BIA and IJ Applied Appropriate Mixed-Motive Standard in Analyzing Petitioners’ Persecution Claim
The court found that the BIA’s and IJ’s decisions took due account of the possibility of a mixed-motive theory of persecution, and concluded that the petitioners had failed to show a nexus between their claimed persecution and their family membership. (Jimenez-Portillo v. Garland, 12/27/22)
Practice Alert: DOJ Indictment of Former ICE Officer in the ATD Program
DOJ announced a grand jury indictment against a former ICE officer on allegations that he coerced sex from victims he supervised in the Alternatives to Detention Program (ATD). AILA provides information on filing complaints against ICE and subcontractor personnel misconduct.
CA11 Finds Petitioner’s State Court Sentence Modification Order Had No Effect for Immigration Purposes
The court held that petitioner’s modification order did not change his term of imprisonment for purposes of federal immigration law, and thus that BIA correctly found he was an aggravated felon and was removable and ineligible for asylum. (Edwards v. Att’y Gen., 12/23/22, withdrawn 3/6/24)
AILA Leads Letter to Administration With Recommendations to Protect Asylum Seekers Whose Information Was Leaked
AILA led a group of legal service providers and coalition partners on sending a letter to ICE, EOIR, and RAIO on additional mitigation efforts to protect detained asylum seekers whose information was leaked in violation of privacy protections.
DHS Responds to AILA Letter Urging Detention Closures and Expansion
DHS provided a written response to a November 2, 2022, letter from AILA urging the closure of detention facilities, including all family detention facilities.
National Immigration Project Releases Crim-Imm Case Law Updates
The National Immigration Project of the National Lawyers Guild provides a resource designed to help immigration practitioners stay up to date on case law developments during 2022 in the area of immigration law and crimes.
Video Hearings in Immigration Court: “Knotty” Issues of Venue and Choice of Law
The National Immigration Project of the National Lawyers Guild provided this practice advisory on the different choices available for which circuit court should have venue over VTC removal hearings, and accordingly which circuit’s law applies.
EOIR Announces 11 New Immigration Judges
EOIR announced the appointment of 11 immigration judges to courts in Georgia, Illinois, New Jersey, New Mexico, New York, Pennsylvania, Virginia, and Washington.
The “Doctrine of Consular Nonreviewability” Explained
In a video blog post, AILA Law Journal authors Sabrina Damast and Eric Lee explain what the “Doctrine of Consular Nonreviewability“ is, why it is important to immigration lawyers, and the current state of the doctrine in federal court litigation.
CA5 Finds Persecutor Bar Applies to Eritrean Petitioner Who Impeded Escape of Persecuted Prisoners
The court upheld the BIA’s application of the persecutor bar as to the petitioner, finding that the record supported the BIA’s conclusion that the petitioner had assisted in persecution in Eritrea by impeding the escape of persecuted prisoners. (Gebrgzabher v. Garland, 12/19/22)
CA9 Says BIA Erred by Failing to Conduct Cumulative-Effect Review When Assessing Past Persecution
The court held that the BIA erred by failing to conduct cumulative-effect review when assessing the petitioner’s evidence of past persecution, finding that the agency improperly analyzed each of the petitioner’s categories of past harm in isolation. (Salguero Sosa v. Garland, 12/16/22)
CA8 Holds That IJ Properly Relied on Common-Sense Inferences in Finding That DHS Proved Petitioner’s Alienage
The court held that substantial evidence supported the IJ’s conclusion—affirmed and adopted by the BIA—that DHS had satisfied its burden to prove the Honduran petitioner’s alienage by clear and convincing evidence. (Escobar v. Garland, 12/15/22)
CA5 Holds That Petitioner Had No Legal Basis to Complain That Her Notice to Appear Was in English
The court found that there was no legal authority to support the petitioner’s assertion that the United States was required to provide notice of the petitioner’s hearing in any language other than English. (Platero-Rosales v. Garland, 12/15/22)
Key Takeaways from AILA Meetings with DOJ Leadership
Summaries of meetings between AILA staff and coalition partners and DOJ leadership to raise AILA’s top immigration reform priorities. These meetings grew from the March 2021 letter AILA and partners sent to Attorney General Merrick Garland. The latest meeting occurred in July 2022.
Practice Alert: EOIR to Create Dedicated “EOIR 33” Docket
EOIR is creating a dedicated docket for individuals without a fixed address known as the “EOIR 33 Docket.” This will also be paired with a shift in practice on the part of both CBP and ICE in how NTAs issued at the border and changes of address are handled.
Practice Pointer: Asylum Processing Rule
A new asylum processing rule changes the way that DHS processes asylum cases for certain individuals in expedited removal proceedings. This rule creates a significantly condensed processing time and shifts some of the processing that used to happen at the southern border to interior cities.
Revised 30-Day Notice and Request for Comments on Proposed Revisions to Form EOIR-31
EOIR 30-day notice and request for comments on proposed revisions to Form EOIR-31. This notice was previously published with an incorrect email address for comments. This notice corrects the email address and extends the period for comment to 1/9/23. (87 FR 75665, 12/9/22)
BIA Holds That Evidence Obtained from Routine Traffic Stop Is Not Entitled to Hearing on Suppression Motion
The BIA held that where an IJ finds that a traffic stop was a routine law enforcement action, a respondent has not established a prima face case of a Fourth Amendment violation and is not entitled to a hearing on a suppression motion. Matter of Mariscal-Hernandez, 28 I&N Dec. 666 (BIA 2022)
The Death to Asylum Regulations Continue to Harm Asylum Seekers Even Though They Are Enjoined
AILA member Victoria Neilson writes about the “Death to Asylum“ regulations and their continued impact on practitioners and asylum seekers ahead of the two-year anniversary of these Trump-era regulations being published on 12/11/20.
EOIR Releases Internet-Based Hearings Access Information
EOIR released a list of internet-based hearings access information, alphabetized by state and then immigration court within each state. EOIR included Immigration Judge default hearing mediums, access codes, and hearing links.
CA9 Says a Conviction Under California Penal Code §273a(a) Qualifies as a Crime of Child Abuse Under the INA
The en banc court held that the petitioner’s conviction under California Penal Code §273a(a) for willfully allowing a child under his care to be placed in a situation where their person or health was endangered was an offense under INA §237(a)(2)(E)(i). (Diaz-Rodriguez v. Garland, 12/8/22)
CA11 Upholds BIA’s Denial of Asylum to Bangladeshi Petitioner Based on IJ’s Adverse Credibility Determination
The court found that the IJ and the BIA had offered specific, cogent reasons for determining that the Bangladeshi petitioner’s testimony was not credible, and concluded that there was substantial evidence to support the IJ’s demeanor determination. (Hasan-Nayem v. Att’y Gen., 12/7/22)
ICE Flyer with Remote Check-in Instructions for the NYC ICE/ERO Office
ICE provides a flyer in English and Spanish with instructions and QR codes to complete required check-ins remotely for Southern border parole arrivals at the NYC ICE/ERO office.