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
CA2 Affirms Denial of Petitioner’s Request for Administrative Closure Despite Agency’s Reliance on Subsequently Overturned Decision
The court held that an agency does not abuse its discretion by relying on an interpretation of its regulations that is controlling at the time of the agency’s decision—even if it subsequently revises that interpretation—as long as the interpretation is reasonable. (Garcia v. Garland, 3/31/23)
CA6 Says BIA Abused Its Discretion in Affirming Petitioner’s Removability Despite DHS’s Failure to Satisfy Evidentiary Burden
Where petitioner pled guilty in Michigan to failing to return rental property and was ordered to pay over $10,000 in restitution, the court held that DHS did not meet its burden of proving by clear and convincing evidence that the actual loss exceeded $10,000. (Al-Adily v. Garland, 3/30/23)
CA9 Finds Conviction for Second-Degree Robbery in Washington Is an Aggravated Felony Under INA §101(a)(43)(G)
Denying the petition for review, the en banc court held that second-degree robbery under Washington law is a categorical match with generic theft and thus that the petitioner had been convicted of an aggravated felony under INA §101(a)(43)(G). (Alfred v. Garland, 3/30/23)
CA9 Concludes Government Proved That Conspiracy to Which Petitioner Pleaded Guilty Involved More Than $10,000 in Losses to Victims
The court held that the government proved that the petitioner’s conspiracy conviction involved losses exceeding $10,000, and that the petitioner was thus removable for having been convicted of an aggravated felony under INA §101(a)(43)(M)(i), (U). (Khalulyan v. Garland, 3/30/23)
Featured Issue: Protecting Dreamers
Resources on legislative and administrative efforts to protect Dreamers, as well as litigation challenging the DACA program.
BIA Rules on Controlling Circuit Law in Immigration Court Proceedings for Choice of Law Purposes
The BIA held that, for choice of law purposes, the controlling circuit law in immigration court proceedings is the law governing the location of the immigration court where venue lies, and will change only if an IJ grants a motion to change venue. Matter of Garcia, 28 I&N Dec. 693 (BIA 2023)
Featured Issue: A Path to Citizenship for People Who Are Undocumented or Lack Permanent Status
Overwhelmingly, Americans support a path to citizenship for unauthorized immigrants and people with temporary status. Take action now and tell Congress to ensure permanent status for these valued members of our community.
USCIS 60-Day Notice and Request for Comment on Proposed Revisions to Form I-881
USCIS 60-day notice and request for comment on proposed revisions to Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Pub. L. 105–100, NACARA). Comments are due 5/22/23. (88 FR 17589, 3/23/23)
CA9 to Rehear En Banc De La Rosa-Rodriguez v. Garland
The court ordered rehearing en banc and vacated its prior decision in the case, which held that the court could review a question of law or a mixed question of law and fact in a challenge to a cancellation denial based on lack of hardship. (De La Rosa-Rodriguez v. Garland, 3/22/23)
AILA and Partners Submit an Amicus Brief to Supreme Court on Obstruction of Justice
AILA and partners submitted an amicus brief to the Supreme Court arguing that the obstruction of justice aggravated felony requires a nexus to a pending proceeding or investigation and the judgment of the U.S. Court of Appeals should be reversed and affirmed.
Why Finding Your Pro Bono Opportunity Can Help YOU
AILA's Practice and Professionalism Center highlights a few recent “Pro Bono High Fives,“ featuring AILA members, to inspire and encourage others to use their legal expertise to change lives, and maybe have some fun too!
DHS Provides a Privacy Impact Assessment for the Alternatives to Detention Program
DHS provides a Privacy Impact Assessment that describes how ICE’s Alternatives to Detention (ATD) programs operate in a manner that includes privacy and civil liberties safeguards in accordance with law, regulation, and policy.
CA9 Says OSC That Fails to Disclose Time and Place of Immigrant’s Deportation Hearing Triggers Stop-Time Rule
The court held that an Order to Show Cause (OSC) that fails to disclose the time and place of an immigrant’s deportation proceedings triggers the stop-time rule in a transitional rules case, and that petitioner was ineligible for suspension of deportation. (Gutierrez-Alm v. Garland, 3/15/23)
Free and Freeing: AILA’s Law Student Membership
AILA member Marisabel Alonso encourages all current law students interested in immigration law to take advantage of the many benefits of AILA's free law student membership and how those benefits can help them during law school and beyond as they become practitioners.
CA8 Finds It Lacks Jurisdiction to Review Agency’s Discretionary Hardship Determination
The court held that it lacked jurisdiction to review the BIA’s decision that petitioner failed to establish that his qualifying relatives would suffer exceptional and extreme hardship if he were removed and thus was ineligible for cancellation of removal. (Garcia-Pascual v. Garland, 3/14/23)
AILA Sends Letter to White House Opposing Family Detention
AILA sent a letter to President Biden expressing concern that his administration is considering reinstating family detention. AILA lays out alternative to solutions to addressing the need to process large numbers of individuals and urging the Administration to not reinstate family detention.
Client Flyer: ICE Directive on Interests of Noncitizen Parents and Guardians
AILA provides a short flyer to share with clients to answer questions about ICE’s directive on the interests of noncitizen parents and guardians of minor children and incapacitated adults. Two versions are available: a generic PDF version and a customizable Word version.
ICE Releases Documents on Matter of Cruz-Valdez
ICE released documents related to Matter of Cruz-Valdez, the SIJS class action re: bona fide determinations, Ms. L litgation, and more. Special thanks to a FOIA filed by Nico Ratkowski.
District Court Vacates Federal Government’s Parole+ATD Policy Under the APA
A federal judge has found that the Biden Administration is violating U.S. immigration law by authorizing the release of noncitizens using parole and alternatives to detention. The judgment is stayed for seven days. (Florida v. United States, 3/8/23)
Practice Alert: Considerations for Responding to ICE Data Leak
AILA’s ICE Committee provides recommendations on advocacy and analysis of negative consequences for clients impacted by the ICE data leak of personal information of over 6,000 people in detention. Special thanks to committee member Leah L. Chavarria for her work on this alert.
AILA Urges the Biden Administration to Reject the Return of Family Detention and Calls for the Adoption of Humane and Effective Alternatives
AILA expressed grave concern at the possibility the Biden Administration may resume family detention; AILA urges President Biden to stand by the previous decision to end family detention and reject policies that have been proven to have devastating consequences on children and families.
CA5 Finds That Petitioner’s Texas Conviction for Aggravated Robbery Was an Aggravated Felony Theft Offense
The court held that the BIA did not err in concluding that the petitioner’s conviction for aggravated robbery in Texas constituted an aggravated felony theft offense under INA §101(a)(43) thus rendering him ineligible for asylum. (Rodriguez Gonzalez v. Garland, 3/3/23)
District Court Orders Newark IJs to Consider All Relevant Factors Presented in Adjudicating WebEx Motions
The district court ordered Newark IJs to consider all relevant factors presented while exercising their discretion in deciding attorneys’ motions for WebEx hearings at the Newark Immigration Court, including EOIR’s internal guidance and CDC guidance. (AILA New Jersey Chapter v. EOIR, 3/1/23)
EOIR Announces Unplanned Maintenance to the Automated Case Information System
EOIR announced unplanned maintenance to the Automated Case Information System and the Respondent Access application. EOIR is working to restore them as quickly as possible.
DHS and DOJ Proposed Rule to Establish an Asylum “Transit Ban”
DHS and DOJ proposed rule to establish a rebuttable presumption of asylum ineligibility for certain noncitizens who enter at the southwest border without documentation and traveled through a country that is a signatory to the 1951 Refugee Convention or its 1967 Protocol. (88 FR 11704, 2/23/23)