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
Vote Recommendation to Congress: Block Continued Funding for ICE and CBP and Restore Safety to American Communities
AILA sent an updated vote recommendation to Congress on 3/2/26 urging it to block any continued funding to ICE and CBP until an agreement is reached on enforceable reforms to stop their unlawful and dangerous practices and restore safety to American communities.
AILA Files Amicus Brief Opposing DHS Practice of Placing Parolees in Expedited Removal
AILA’s amicus brief in Coalition for Humane Immigrant Rights, et al. v. Noem, et al., argues that DHS’s unprecedented placement of parolees into expedited removal is unlawful. It abandons a decades-old framework, traps individuals in detention, and blocks their lawful path to permanent status.
EOIR IFR and Comment Request Amending Appellate Procedures for the BIA
EOIR interim final rule and comment request on appellate procedures for the BIA. Notably, the rule shortens the deadline to appeal from 30 to 10 days and makes reviewing cases on the merits discretionary. The IFR is effective 3/9/26. Comments are due 4/8/26. (91 FR 5267, 2/6/26; 91 FR 9705, 2/27/26)
BIA Reverses Asylum Grant to Bisexual Moroccan Applicant After Finding IJ Clearly Erred in Credibility Determination
The BIA reversed the grant of asylum and remanded, holding that, based on inconsistencies and omissions in the record, the IJ clearly erred in concluding the applicant presented a credible claim for asylum. Matter of R–A–U–, 29 I&N Dec. 582 (BIA 2026)
Practice Alert: What Happens If the Government Shuts Down?
AILA National shares information on how federal agencies may be affected as a result of the potential partial government shutdown. This page will continue to be updated as more information is received.
The Council and Partners File Lawsuit to Block Implementation of Amended BIA Appellate Procedures
The Council and other organizations filed a lawsuit against EOIR in the DC District Court to block its implementation of the recently published IFR amending BIA appellate procedures which is scheduled to go into effect on 3/9/26. (Amica Center for Immigrant Rights, et al. v. EOIR et al., 2/26/26)
BIA Holds That INA §237(a)(1)(H) Does Not Permit Waiver of Fraud Occurring at Time of Noncitizen’s Adjustment of Status
The BIA held that “at the time of admission” in INA §237(a)(1)(H) refers to a noncitizen’s lawful entry after inspection and authorization, and thus fraud and misrepresentations at the time of adjustment cannot be waived under this provision. Matter of Forjoe, 29 I&N Dec. 463 (BIA 2026)
CA10 Upholds CAT Denial Where Mexican Petitioner with Mental Health Disabilities Failed to Show Specific Intent to Torture
The court held that substantial evidence supported the denial of CAT relief to the petitioner, who had cognitive and physical disabilities, finding that he failed to show it was more likely than not that he would be tortured with specific intent in Mexico. (Garcia-Botello v. Bondi, 2/25/26)
BIA Finds IJ Erred in Denying DHS’s Motion to Recalendar Proceedings Administratively Closed for Years Based on Pending U Visa
The BIA held that the IJ erred in denying DHS’s motion to recalendar removal proceedings that had been administratively closed for nearly 13 years based solely on a pending U visa petition, and sustained DHS’s interlocutory appeal. Matter of Ibarra-Vega, 29 I&N Dec. 476 (BIA 2026)
Practice Alert: Unplanned ECAS Outage
EOIR's online filing system ECAS is experiencing an unplanned outage since 11:00 am (ET) on 2/23/26.
CA9 Grants Rehearing En Banc and Vacates Order Addressing Automatic Stays of Removal
The court granted rehearing en banc and vacated the prior panel order addressing the Ninth Circuit’s automatic administrative stay procedures in immigration cases. (Rojas-Epinoza, et al. v. Bondi, 2/20/26)
BIA Holds That Unique Child-Specific Reporting Barriers Do Not Apply to Adults and That IJ’s Internal Relocation Finding Was Erroneous
The BIA held that the unique barriers to reporting harm faced by children do not apply to adults, and that the IJ’s finding that the respondent could not reasonably relocate in Russia to avoid persecution was clearly erroneous. Matter of F–B–A–, 29 I&N Dec. 456 (BIA 2026)
AILA and CGRS Argue Gender-Based Violence Is Persecution
In an amicus brief, AILA and the Center for Gender and Refugee Studies (CGRS) argue persecution based on a woman’s status as a Salvadoran woman supports a cognizable asylum claim, and that the BIA may not exclude gender based violence from qualifying persecution. (Gutierrez Flores v. Bondi, 2/20/26)
BIA Holds That Background Check Remands Are Limited in Scope and New or Different Relief Requires Separate Motion to Reopen
The BIA held that a background check remand is limited to the IJ's consideration of DHS’s background check results and issuance of a final order on the underlying relief, and that any new relief must be sought through a separate motion to reopen. Matter of L–S–C–R–, 29 I&N Dec. 451 (BIA 2026)
CA11 Vacates BIA Removability Determination Based on Conviction for Attempted First Degree Sexual Assault
The court held that the generic definition of rape in INA §101(a)(43)(A) does not include digital penetration, and vacated the BIA’s removability determination based on the petitioner’s D.C. conviction for attempted first-degree sexual abuse. (Barrie v. Att’y Gen., 2/19/26)
CA1 Upholds Asylum Denial Where Guatemalan Petitioner Alleged Years of Abuse by Former Partner
The court upheld the denial of asylum as to the Guatemalan petitioner, who alleged years of sexual and physical abuse at the hands of her former partner, finding that she failed to develop any challenge to the legal and factual bases for the BIA’s ruling. (Cante Mijangos v. Bondi, 2/18/26)
CA1 Vacates Asylum Denial as to Nepalese Petitioner Who Received Maoist Death Threats and Submitted Corroborating Evidence
The court held that the BIA erred by failing to consider potentially significant evidence the petitioner provided independent of his testimony pertaining to his likelihood of future persecution and torture, as relevant to his asylum and related claims. (Khanal, et al. v. Bondi, 2/18/26)
CA9 Orders Supplemental Briefing and Invites Amicus Briefs on Whether Circumvention of Lawful Pathways Rule Is Consistent with INA §208
The court vacated submission, ordered supplemental briefing, and invited amicus briefs on whether the Circumvention of Lawful Pathways rule at 8 CFR §1208.33(a) is consistent with INA §208. (Garcia Morales, et al. v. Bondi, 2/18/26)
CA8 Upholds Denial of Motion to Reopen In Absentia Order Where Honduran Petitioner Failed to Comply with Lozada Requirements
The court upheld the denial of petitioner’s motion to reopen her in absentia removal order, finding that her ineffective assistance claim failed to satisfy Matter of Lozada’s requirement that counsel document filing a disciplinary complaint. (Rodriguez Irias, et al. v. Bondi, 2/17/26)
EOIR Releases Fact Sheet on Observing Immigration Court Hearings
EOIR’s Office of Policy released fact sheet on observing immigration court hearings. The fact sheet outlines restrictions on court observers, including a ban on all virtual observations.
CA4 Finds Petitioner Automatically Became U.S. Citizen upon Mother’s 1998 Naturalization under Former INA §321(a)(3)
The court held that the petitioner automatically became a U.S. citizen when his mother naturalized in 1998, because his paternity had not been established “by legitimation” under the then-governing derivative citizenship statute, former INA §321(a)(3). (Lopez v. Bondi, 2/13/26)
BIA Orders Record Returned to USCIS for Further Investigation of Marriage Fraud Allegations
The BIA held that, based on the petitioner’s extensive allegations and evidence of marriage fraud regarding the approved visa petition, the record should be returned to USCIS to further consider the visa petition and take action as warranted. Matter of Jin, 29 I&N Dec. 441 (BIA 2026)
Vote Recommendation to Congress: Block Any Continued Funding for ICE and CBP and Restore Safety to American Communities
AILA sent a vote recommendation to Congress on 2/12/26 urging it to block any continued funding to ICE and CBP until enforceable reforms are put in place and safety is restored to American communities.
Leaked DHS Document Defending the Administration's Use of Administrative Warrants in Immigration Enforcement
A leaked document from DHS, reported by Pablo Manríquez at Migrant Insider, outlines ICE's current use of administrative warrants for immigration enforcement and the legal justification being used to carry out such actions.
CA5 Holds That Noncitizens Present Without Admission Are Subject to Mandatory Detention under INA §235(b)(2)(A)
The court held that noncitizens present in the United States who were never admitted or paroled are applicants for admission under INA §235(a)(1) and are subject to mandatory detention under INA §235(b)(2)(A) during removal proceedings. (Buenrostro-Mendez v. Bondi, 2/6/26)