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
EOIR PM on Procedures for Going Off-the-Record During Immigration Court Proceedings
EOIR Acting Director Sirce E. Owen released a policy memorandum (PM 25-44) providing updated guidance on procedures that Immigration Judges must use when going off-the-record during immigration court proceedings. This PM cancels and replaces OPPM 03-06.
EOIR PM on Consideration of Constitutional Arguments in Agency Adjudications
EOIR Acting Director Sirce E. Owen released a policy memorandum (PM 25-45) providing guidance regarding EOIR adjudicators’ consideration of constitutional arguments during adjudications.
BIA Rules on Relevance of Valid Sponsors and Evidence in Bond Proceedings
The BIA held that the existence of a valid, reliable, and credible sponsor is relevant to a determination of flight risk, and that IJs may consider all relevant and probative evidence to determine if the evidence establishes custody factors. Matter of Dobrotvoskii 29 I&N Dec. 211 (BIA 2025)
CA4 Remands Guyanese Petitioner’s CAT Claim After Finding BIA Ignored Relevant Evidence
The court vacated the denial of petitioner’s Convention Against Torture (CAT) claim, holding that the BIA abused its discretion by ignoring unrebutted evidence that those who share certain traits of petitioner’s faced an increased likelihood of torture in Guyana. (McDougall v. Bondi, 9/5/25)
Attorney General Overrules Matter of A–B– III and Reinstates Matter A–B– I and Matter A–B– II
The Attorney General overruled Matter of A–B– III and, by extension, Matter of A–R–C–G– and any decision issued in reliance on it, and reinstituted the legal standards articulated in Matter A–B– I and Matter A–B– II. Matter of S–S–F–M–, 29 I&N Dec. 207 (A.G. 2025)
AILA Executive Director: Trump Administration Further Erodes Immigration Courts
AILA ED Ben Johnson responded to news that just days after the Trump Administration issued a final rule eliminating the requirement that temporary immigration judges possess knowledge of immigration law, DoD Secretary Hegseth approved using up to 600 military lawyers as temporary immigration judges
Attorney General Refers Matter of S–S–F–M– to Herself for Review
The Attorney General directed the BIA to refer the case to herself for review of its decision, and for the reasons set forth in the accompanying opinion, remanded the case to the Board for further proceedings in accordance with her opinion. Matter of S–S–F–M–, 29 I&N Dec. 206 (A.G. 2025)
Attorney General Refers Matter of R–E–R–M– & J–D–R–M– to Herself for Review
The Attorney General directed the BIA to refer the case to herself for review of its decision, and for the reasons set forth in the accompanying opinion, remanded the case to the Board for further proceedings. Matter of R–E–R–M– & J–D–R–M–, 29 I&N Dec. 201 (A.G. 2025)
Attorney General Overrules Matter of L–E–A– III and Reinstates Matter of L–E–A– II
The Attorney General overruled Matter of L–E–A– III, and instructed IJs and the BIA to adhere to the holding of Matter of L–E–A– II in all pending and future claims. Matter of R–E–R–M– & J–D–R–M–, 29 I&N Dec. 202 (A.G. 2025)
CA4 Holds That Material-Support Bar Did Not Apply to Petitioner Forced to Cook for Leaders of Terrorist Organization
The court held that the BIA erred in applying the material-support bar to deny the petitioner’s asylum application, finding that petitioner’s cooking was not sufficiently substantial standing alone to help the “Unknown Gunmen” accomplish their terrorist activities. (Ozurumba v. Bondi, 9/2/25)
EOIR to Open Baton Rouge Immigration Court
EOIR announced it will open a new immigration court in Baton Rouge, Louisiana, on 10/20/25. EOIR will provide official advance notice to all parties whose cases are reassigned to the Baton Rouge Immigration Court.
CA1 Upholds Cancellation Denial After Finding Petitioner Failed to Show Requisite Hardship to Son Who Had Allergies
The court held that the petitioner had not carried his burden to show that his U.S.-citizen son, who was allergic to pollen, mold, and other substances, would suffer exceptional or extremely unusual hardship upon the petitioner’s removal to Mexico. (Ortiz Trejo v. Bondi, 8/29/25)
EOIR Announces Investiture of Three Appellate Immigration Judges
EOIR announced the investiture of three Appellate Immigration Judges who were sworn in on 8/28/25: Sheila E.Gallow, Marcos Gemoets, and Kathleen K. Volkert. The announcement contains biographical information for each of the new Appellate Immigration Judges.
DOJ Final Rule on Designation of Temporary Immigration Judges
EOIR final rule amending the regulatory requirements for candidates for Temporary Immigration Judge appointment, broadening the candidate pool significantly. The rule is effective 8/28/25. (90 FR 41883, 8/28/25)
BIA Concludes That IJ Erred in Finding Respondent Demonstrated Good Cause for Continuance
The BIA held that an IJ generally should not continue an individual hearing based on a respondent’s speculative assertion that they may be eligible for a new form of relief from removal not previously raised. Matter of J–A–F–S–, 29 I&N Dec. 195 (BIA 2025)
CA1 Upholds Denial of Cancellation and Withholding to Guatemalan Mother with Three U.S.-Citizen Children
The court upheld the BIA’s determination that petitioner failed to show that her U.S.-citizen children would suffer exceptional and extremely unusual hardship upon her removal for purposes of cancellation, and also upheld the denial of withholding of removal. (Lopez Cano v. Bondi, 8/28/25)
BIA Reverses IJ’s Grant of Release on Bond as to Respondent Convicted of Unlawful Sexual Conduct with Minor
The BIA held that the respondent’s recent convictions involving unlawful sexual conduct with a minor, combined with the probation officer’s report submitted for the purpose of sentencing, showed that the respondent was a danger to the community. Matter of Cotrufo, 29 I&N Dec. 264 (BIA 2025)
Practice Alert: AILA and National Immigration Project Issue Guidance on CHIRLA v. Noem Order
Federal court stays DHS policies targeting previously paroled individuals for expedited removal. AILA and the National Immigration Project issue guidance for attorneys on raising the CHIRLA v. Noem order in expedited removal cases.
Partial stay ordered in CHIRLA v. NOEM
On August 18, 2025, the U.S. Court of Appeals for the D.C. Circuit issued a partial administrative stay of the District Court’s order while it considers the government’s motion for a stay pending appeal.
CA3 Again Denies Petitioner’s Derivative Citizenship Claim as Foreclosed by Precedent
On remand from the Supreme Court, the court concluded that it lacked jurisdiction over petitioner’s claim that the BIA erred in declining to self-certify his late-filed appeal, and found that petitioner’s citizenship claim lacked merit under binding precedent. (Abdulla v. Att’y Gen., 8/27/25)
EOIR Policy Memo (PM 25-43) Regarding Employee Feedback
EOIR Acting Director Sirce E. Owen released a Policy Memorandum (PM 25-43) establishing EOIR policy regarding employee feedback, particularly in light of the recent announcement by the Office of Personnel Management (OPM) of the cancellation of the 2025 Federal Employee Viewpoint Survey (FEVS).
CA10 Holds That BIA Misstated Nexus Standard for Mixed-Motive Asylum Claims
The court held that the BIA’s stated nexus standard for mixed-motive asylum claims was erroneous, because persecution can be “on account of” a protected ground under INA §101(a)(42)(A), even where unprotected grounds also motivated the persecutor. (O.C.V., et al. v. Bondi, 8/26/25)
CA4 Holds Federal Conviction under 18 USC §922(a)(1)(A) Qualifies as Aggravated Felony of Illicit Trafficking in Firearms
The court held that petitioner’s conviction under 18 USC §922(a)(1)(A) for engaging in business of dealing firearms without a license qualified as the generic aggravated felony of illicit trafficking in firearms under INA §101(a)(43)(C). (Alvarez Ronquillo v. Bondi, 8/15/25, amended 8/25/25)
CA9 Declines to Rehear Lopez v. Bondi En Banc
The court denied a petition for panel rehearing and rehearing en banc in a case in which the court upheld the BIA’s conclusion that the petitioner’s petit larceny convictions under Reno Municipal Code §8.10.040 were crimes involving moral turpitude (CIMTs). (Lopez v. Bondi, 8/25/25)
EOIR Policy Memo (PM 25-42) on Adjudicator Independence and Impartiality
EOIR Acting Director Sirce E. Owen published a Policy Memo (PM 25-42) establishing updated guidance regarding the independence and impartiality of EOIR adjudicators. This memo supersedes and replaces PM 21-15.