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
Detainees at ICA-Farmville Reach Settlement with Government Regarding COVID-19 Protections
The parties reached a settlement under which the ICA-Farmville Detention Center will be allowed to detain a maximum of 180 people and accept transfers only of individuals who are vaccinated, asymptomatic, and test negative for COVID-19. (Santos Garcia, et al. v. Mayorkas, et al., 7/6/22)
CA5 Denies DHS’s Motion for Stay Pending Appeal of Its Updated Guidance on the Enforcement of Civil Immigration Law
The court denied DHS’s motion for a stay pending appeal of the district court’s vacatur of its “Guidelines for the Enforcement of Civil Immigration Law,” finding that DHS had failed to make a strong showing of likelihood of success on appeal. (Texas, et al. v. United States, et al., 7/6/22)
CA11 Holds That Petitioner’s Virginia Drug Trafficking Convictions Were Categorically CIMTs
The court held that the BIA did not err in concluding that the petitioner was removable because his Virginia drug trafficking convictions categorically constituted crimes involving moral turpitude (CIMTs) within the meaning of INA §237(a)(2)(A)(i)–(ii). (Daye v. Att’y Gen., 7/6/22)
CA6 Reverses Nationwide Preliminary Injunction Partially Blocking DHS’s Civil Immigration Enforcement Guidance
The court held that even if plaintiffs could clear justiciability hurdles, they were unlikely to succeed on the merits of their claim that the “Guidelines for the Enforcement of Civil Immigration Law” violated the Administrative Procedure Act (APA). (Arizona, et al. v. Biden, et al., 7/5/22)
CA9 Upholds Denial of Third Motion to Reopen Based on Allegedly New and Material Country Conditions Evidence in Bangladesh
The court denied the parties’ motion for judicial administrative closure, and denied the petition for review of the BIA’s denial of the petitioner’s third motion to reopen based on new evidence of the growing influence of Jihadist extremists in Bangladesh. (Sarkar, et al. v. Garland, 7/1/22)
DHS OIG Finds Violations of ICE Detention Standards at Folkston ICE Processing Center and Folkston Annex
DHS OIG found that while ICE’s Folkston detention facilities complied with several detainee standards, it did not meet standards for facility conditions, medical care, grievances, segregation, staff-detainee communications, and handling of detainee property.
CA3 Says It Has Jurisdiction Where DHS’s Expedited Removal Procedures Did Not Allow Petitioner to Challenge Legal Basis for Removal
The court held that it had jurisdiction to consider in the first instance the petitioner’s challenge to the agency’s determination that his Pennsylvania conviction for receiving stolen property was an aggravated felony, and then found that it was. (Barradas-Jacome v. Att’y Gen., 6/30/22)
CA4 Finds Venue Was Proper Because the IJ Had Completed Proceedings in Virginia
The court held that a petition for review may be filed in the Fourth Circuit in any case that was decided by an IJ sitting at an immigration adjudication center in Richmond or Falls Church, Virginia, but denied the petition for review on the merits. (Herrera-Alcala v. Garland, 6/30/22)
U.S. Supreme Court Affirms the Biden Administration’s Authority to End MPP
AILA welcomed the U.S. Supreme Court’s 5-4 decision in Biden v. Texas, which affirmed the Biden Administration’s authority to end the ‘Remain in Mexico’ policy, officially known as the Migrant Protection Protocols (MPP).
BIA Finds an IJ May Rely on Impeachment Evidence
The BIA found that an IJ may rely on impeachment evidence as part of a credibility determination where the evidence is probative and its admission is not fundamentally unfair, and the witness is able to respond to that evidence. Matter of E-F-N-, 28 I&N Dec. 591 (BIA 2022)
CA5 Upholds Denial of Motion to Reopen to Chinese Christians in Indonesia Pursuant to INA §240(c)(7)(C)(ii)
Where the BIA had denied petitioners’ motion to reopen after finding they had not demonstrated changed country conditions in Indonesia, the court denied the petition for review, finding that petitioners’ claims were number-barred under INA §240(c)(7)(C)(ii). (Djie, et al. v. Garland, 6/29/22)
CA2 Says Dual National Need Only Show Persecution in Any Singular Country of Nationality to Be Considered a “Refugee”
The court granted the petition for review, holding that to qualify as a “refugee” under INA §101(a)(42)(A), a dual national asylum applicant need only show persecution in any singular country of nationality. (Zepeda-Lopez, et al. v. Garland, 6/28/22)
CA9 Says Cancellation of Removal Under NACARA §203 Is a Cancellation of Removal Under INA §240A
Denying the petition for review, the court held that a grant of special rule cancellation of removal under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA) qualifies as a cancellation of removal under INA §240A. (Hernandez v. Garland, 6/27/22)
ICE 60-Day Notice and Request for Comments on Proposed Revisions to Form I-352
ICE 60-day notice and request for comments on proposed revisions to Form I-352, Immigration Bond. Comments are due 8/23/22. (87 FR 37882, 6/24/22)
USCIS Issues Policy Alert on Inadmissibility Under Section 212(a)(9)(b) of the INA
USCIS issued policy guidance whereby a noncitizen who again seeks admission more than 3 or 10 years after departure or removal is not inadmissible under INA 212(a)(9)(B), even if the noncitizen returned to the U.S., with or without authorization, during the statutory 3-year or 10-year period.
BIA Agrees with Pierre-Paul v. Barr and Applies to MTRs
The BIA found that a respondent who raises an objection to missing time or place information in a notice to appear for the first time in a motion to reopen has forfeited that objection. Matter of Nchifor, 28 I&N Dec. 585 (BIA 2022)
CA9 Grants Petition for Panel Rehearing and Withdraws Prior Opinion in Etemadi v. Garland
The court granted the petition for panel rehearing and withdrew its 9/9/21 opinion, which held that the law-of-the-case doctrine did not require it to accept a prior Ninth Circuit panel’s determination that the petitioner was not a Christian. (Etemadi v. Garland, 6/23/22)
What to Make of This Mess? How Successor Counsel Ethically Rights a Wonky Case
When it appears that prior counsel may have violated Rules of Professional Conduct and provided ineffective assistance to a client during removal proceedings, this can raise ethics questions for successor counsel. Find answers to these questions in this helpful ethics article by Matthew Blaisdell.
CA5 Finds No Error in BIA’s Denial of CAT Claim on Remand to Bisexual Christian Petitioner from Libya
Where the court had remanded to the BIA for the limited purpose of addressing the petitioner’s Convention Against Torture (CAT) claim, the court denied the petition for review of the BIA’s subsequent denial of that claim, finding that there was no error. (Abushagif v. Garland, 6/22/22)
GAO Provides Report on the ATD Program
GAO reviewed ICE’s alternatives to detention (ADT) program, with focus on ICE management and oversight and participation in the ATD program. GAO issued ten recommendations, including that ICE establish performance goals, ensure collection of necessary information, and more.
DOJ OIG Releases Report Examining EOIR’s Use of Video Teleconferencing for Immigration Hearings
DOJ OIG reviewed EOIR’s use of video conferencing for immigration hearings. The report evaluates the general audio and video experience, identifies consequent challenges to respondents understanding the process, addresses limitations to the process, and more.
AILA’s 2022 Annual Conference: ICE Open Forum
Watch the ICE Open Forum from AILA’s 2022 AILA Annual Conference on Immigration Law.
CA8 Rejects Petitioner’s Due Process Challenge Where She Was Unable to Show That IJ Made a Fundamental Procedural Error
The court rejected the petitioner’s claim that the IJ had violated her due process rights, and thus concluded that the petitioner’s admission of the charges against her and her concession of removability could be admitted at a subsequent hearing. (Holmes v. Garland, 6/17/22)
Key Takeaways: EOIR Open Forum at AILA’s 2022 Annual Conference
AILA provides key takeaways from the 6/17/22 Open Forum panel with EOIR at the 2022 Annual Conference. Special thanks to the AILA EOIR Liaison Committee.
CA7 Holds That Petitioner’s Conviction for Dealing Methamphetamine in Indiana Was Not an Aggravated Felony
Granting the petition for review, the court held that the petitioner’s conviction in Indiana for one count of dealing methamphetamine was not an aggravated felony for purposes of removal because the statute of his conviction was facially overbroad. (Aguirre-Zuniga v. Garland, 6/16/22)