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 Launches Respondent Access Portal Furthering the Access EOIR Initiative
EOIR announced the launch of Respondent Access Portal, a secure online platform that allows unrepresented individuals who have a hearing scheduled to view their case information and scheduled hearings online, download their electronic case file, and file documents with the immigration court.
CA9 Holds That California Carjacking Is Not a Crime of Violence under INA §101(a)(43)(F)
The court concluded that a conviction for carjacking in California under Cal. Pen. Code §215(a) was not a categorical crime of violence, and that the BIA erroneously determined that the petitioner had waived his challenge to the moral turpitude removal charge. (Gutierrez v. Garland, 7/2/24)
BIA Issues Memo on the Handling of Classified Information at the BIA
The BIA issued BIA Operating Policies and Procedures Memorandum 24-01, Classified Information at the Board of Immigration Appeals, on the proper handling of classified information at the BIA.
CA1 Finds That Guatemalan Petitioner’s Proposed PSG of “Climate Refugee” Was Not Legally Cognizable
The court held that the BIA did not err in finding that petitioner had failed to show that his proposed particular social group (PSG)—“climate refugee”—was legally cognizable, upholding the IJ’s determinization that it lacked social distinction in Guatemala. (Cruz Galicia v. Garland, 7/1/24
Practice Alert: EOIR Giving Respondents “Notice of Failure to Prosecute”
AILA’s EOIR National Committee provides a practice alert on EOIR's "Notice of Failure to Prosecute" to ensure attorneys are aware of how EOIR is handling Respondents who appear in immigration court on the date and time listed on an NTA that DHS has failed to file with the Immigration Court.
BIA Invites Amicus Briefs on Scope of IJ's Duty to Develop the Record for Pro Se Respondents
The BIA invites amicus briefs on the issue of the scope of the Immigration Judge's duty to develop the record for a pro se respondent and if this duty is affected by individual characteristics of the respondents, such as education level or language ability. Briefs are due by 7/29/24.
CA9 Holds That Conviction in California for Impeding Person from Reporting Crime Was Offense “Relating to Obstruction of Justice”
The court held that the petitioner’s conviction in California for violating Cal. Penal Code §136.1(b)(1), which encompasses conduct geared toward impeding a person from reporting a crime, qualified as an aggravated felony under INA §101(a)(43)(S). (Cordero-Garcia v. Garland, 6/27/24)
Practice Alert: Dilley Detention Closure Opportunity to Advocate for Release
ICE announced on June 10 that they are closing the South Texas Family Residential Center in Dilley, Texas. AILA members can direct requests for release or parole to snalegalaccess-dilley@ice.dhs.gov. For most cases, ICE will consider release to a sponsor, family member, or NGO.
Think Immigration: For Pride Month, and Every Month of the Year – Gender Affirming Language in Immigration Court
On the AILA Blog: Think Immigration, the authors of a recent practice resource “Gender Affirming Language in Immigration Court” ask, and begin answering, a key question for all of us: how can we build a more gender-affirming courtroom together?
CA9 Holds That Petitioner’s Jehovah’s Witness Faith Was One Central Reason for His Feared Harm in El Salvador
The court held that the BIA erred in determining the petitioner was not eligible for asylum because he was not targeted due to a protected ground, finding that the record compelled the conclusion that religion was one central reason for his feared harm. (Alfaro Manzano v. Garland, 6/25/24)
CA7 Finds It Lacks Jurisdiction to Review IJ’s Denial of Petitioner’s Request for Cancellation under Wilkinson v. Garland
The court held that, under the U.S. Supreme Court’s recent ruling in Wilkinson v. Garland, it lacked jurisdiction to consider the Mexican petitioner’s challenge to the IJ’s discretionary decision denying cancellation of removal. (Santiago Lopez v. Garland, 6/24/24)
ICE Provides Alternatives to Detention Frequently Asked Questions
ICE provides Q&As related to alternatives to detention, topics include Tech and Privacy Questions; Legal Access Questions; Enrollment, Escalation, and Termination Questions; Case Management Questions; Compliance Questions; and Other Questions.
Practice Alert: Prosecutorial Discretion Local Guidance
AILA provides a practice alert to notify members that after the district court nationwide vacatur of the Mayorkas memo took effect on 6/25/22, local Standard Operating Procedures (SOPs) on prosecutorial discretion are not currently in effect. ICE has updated its website to reflect the same.
Practice Alert: ICE Issues Standard Operating Procedures For Detention Closures
On March 2, 2022, ICE issued a new Standard Operation Procedure (SOP) for detention closures. This practice alert summarizes key SOP procedures including notification to counsel, affirmative review of detained cases, and a 10-day pause on transfers to submit release request.
CA3 Concludes That Removal Order Is Not Final Until Decision Has Been Made on Request for Withholding of Removal
The court held that INA §242(b)(1)’s 30-day filing deadline to seek judicial review of a removal order is nonjurisdictional, and that a removal order is not final until a decision has been made on a noncitizen’s request for withholding of removal. (Inestroza-Tosta v. Att’y Gen., 6/21/24)
CA4 Upholds Denial of CAT Deferral to Salvadoran Petitioner with Gang-Related Tattoos and Criminal Record
The court held that the IJ did not ignore experts’ testimony and the agency applied the correct legal standard in finding that petitioner had not shown he was likely to suffer torture in El Salvador due to his gang-related tattoos and criminal record. (Lopez-Sorto v. Garland, 5/31/24)
Practice Alert: New “Recent Arrivals” Docket in Immigration Court
AILA provides a practice alert on the Recent Arrivals docket (RA docket), which will initially operate in Atlanta, Boston, Chicago, Los Angeles, and New York City. Immigration courts will begin hearing the RA docket the last week of June 2024, and other cases may be rescheduled due to this docket.
CA8 Finds That Petitioner’s Conviction in Iowa Did Not Qualify as Sexual Abuse of a Minor under INA §101(a)(43)(A)
Granting the petition for review, the court held that the petitioner’s Iowa conviction for knowingly purchasing or possessing visual depiction of a minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act was not an aggravated felony. (Huynh v. Garland, 5/28/24)
CA9 Rejects Petitioner’s Challenge to Authenticity and Reliability of Government Exhibits Relied on for Removability Ruling
The court held that the BIA and IJ did not err by admitting exhibits the government offered to prove petitioner’s removability, finding that petitioner failed to preserve most of his authentication challenges and that the record supported the documents’ reliability. (Smith v. Garland, 6/3/24)
CA11 Upholds Withholding of Removal and CAT Denial to Transgender Petitioner from Mexico
The court held that the petitioner failed to show a likelihood of future persecution or torture in Mexico based on transgender status, and thus upheld the BIA’s denial of their claims for withholding of removal and relief under the Convention Against Torture (CAT). (A.P.A. v. Garland, 6/6/24)
Practice Pointer: Advocating in Immigration Court Where OPLA Doesn’t Appear or Does Not Respond
Practitioners have seen increasing instances of OPLA (1) not appearing at immigration court hearings and (2) not filing responses to noncitizens’ motions and other filings with the immigration court. This practice pointer discusses strategies for AILA members to consider in light of this reality.
BIA Holds That Rape Clearly Rises to Level of Torture and Can Never Be a Lawful Sanction under the CAT
The BIA held that rape is sufficiently severe to constitute torture and can never be a lawful sanction under the Convention Against Torture (CAT), and remanded the respondent’s case to a different IJ based on an appearance of bias. Matter of H–C–R–C–, 28 I&N Dec. 809 (BIA 2024)
Think Immigration: I Wish People Understood that Immigration Court Is an Unlevel Playing Field Where You Face Life and Death Decisions
As part of our “One Thing” series, Evangeline Chan explains that the one thing she wished people understood about immigration is that immigration court is structurally different than other courts and we need an Article 1 independent immigration court to ensure justice.
EOIR Issues Operating Policies and Procedures on Classified Information in Immigration Court Proceedings
EOIR issued Operating Policies and Procedures Memorandum 24-01 on the proper handling of classified information in immigration court proceedings and within immigration courts.
District Court Temporarily Blocks Iowa Law That Would Allow State Authorities to Imprison and Deport Anyone Previously Removed
The district court granted the motions for preliminary injunction filed by the federal government and Iowa Migrant Movement for Justice (MMJ) plaintiffs in their respective cases, concluding that SF 2340 is preempted in its entirety by federal law. (United States v. Iowa, et al., 6/17/24)