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
CA9 Finds IJ and BIA Abused Discretion in Denying Petitioners’ Motion to Reopen In Absentia Removal Orders Based on Traffic Delay
The court held that the IJ and BIA abused their discretion by applying a categorical rule that traffic delays cannot constitute exceptional circumstances to reopen in absentia removal orders and failed to consider the totality of the circumstances. (Montejo-Gonzalez v. Bondi, 2/5/26)
CA2 Holds That BIA Abused Its Discretion in Finding Petitioner Failed to Show Due Diligence in Pursuing Motion to Reopen
The court held that the BIA abused its discretion in denying the petitioner’s motion to reopen his removal proceedings, finding that the BIA failed to provide sufficient reasons or apply the proper equitable tolling analysis concerning reasonable diligence. (Pinilla Perez v. Bondi, 2/5/26)
EOIR Announces 6 Immigration Judges and 27 Temporary Immigration Judges
EOIR announced the investiture of 6 immigration judges and 27 temporary immigration judges to join courts in Arizona, California, Colorado, Florida, Georgia, Illinois, Louisiana, Maryland, Massachusetts, Nebraska, New York, Texas, Utah, Virginia, and Washington.
BIA Finds Marriage to U.S. Citizen Entered into After Removal Order Is Not Exceptional Circumstance for Sua Sponte Reopening
The BIA held that a respondent’s valid marriage to a U.S. citizen entered into after a removal order does not constitute an exceptional situation warranting sua sponte reopening of removal proceedings. Matter of Yadav, 29 I&N Dec. 438 (BIA 2026)
Immigration Judge Tracker – Form
Use this form to report information on immigration judges, such as if they have been fired or otherwise removed. Information submitted will be made available to AILA members on AILA’s Immigration Judge Tracker.
AILA's Immigration Judge Tracker
AILA’s Immigration Judge Tracker gathers information on current immigration judges and immigration judge removals in one location.
BIA Holds That Matter of N–A–M– Provides Proper Framework for Particularly Serious Crime Determinations
The BIA held that the Matter of N–A–M– framework is the proper rubric for determining whether a crime is particularly serious and that there is no presumption that a single misdemeanor conviction is not for a particularly serious crime. Matter of E–A–S–O–, 29 I&N Dec. 422 (BIA 2026)
CA9 Blocks DHS’s Attempt to Vacate TPS for Venezuela and Shorten Haiti’s Protection
The court ruled DHS exceeded its authority by vacating Venezuela’s TPS designation and shortening Haiti’s TPS period, finding TPS statute allows only designation, extension, or termination—not midstream vacatur—and requires strict procedures. (Nat’l TPS All., et al. v. Noem, et al., 1/28/26)
CA10 Upholds Asylum Denial as to Petitioner Who Alleged Salvadoran Police Abuse Based on Suspected Gang Affiliation
The court held that the petitioner failed to establish that harm by Salvadoran police based on his alleged membership in a particular social group (PSG)—namely, those with “imputed gang membership”—was on account of a protected ground. (Bonilla-Espinoza v. Bondi, 1/27/26)
Vote Recommendation: AILA Urges Senate to Vote NO on FY2026 Homeland Security Appropriations Bill
AILA sent a vote recommendation to the Senate on 1/26/26 urging a NO vote on the FY2026 Homeland Security Appropriations bill.
AILA Sends List of Demands to Congress Highlighting Measures to be Implemented before Voting for DHS Funding
AILA urges Congress to say NO to funding DHS until measures are implemented to check unlawful DHS policies that are leading to chaos, violence and death in American communities. AILA and coalition partners sent the following 10 demands for Congress to enact before it passes any funding for DHS.
CA1 Holds That Petitioner’s Convictions in Massachusetts for “Open and Gross Lewdness” Were Not Categorically CIMTs
The court held that the petitioner’s two convictions under Massachusetts law for “open and gross lewdness” were not categorically crimes involving moral turpitude (CIMTs) under INA §237(a)(2)(A), and thus granted the petition for review. (Tomar v. Bondi, 1/23/26)
EOIR Notice of FY26 Adjustment for Inflation for Fees Required by H.R. 1
EOIR notice announcing inflationary adjustments for Fiscal Year (FY) 2026 to immigration-related fees for filings with EOIR required by H.R. 1. The fees are effective 2/1/26 and must be included with filings postmarked on or after that date. (91 FR 2561, 1/21/26)
Vote Recommendation: AILA Urges NO Vote on FY2026 Homeland Security Appropriations Bill
AILA sent a vote recommendation to Congress on 1/21/26 urging a NO vote on the FY2026 Homeland Security Appropriations bill.
BIA Holds That Written Frivolousness Warnings on Asylum Application Satisfy Statutory Notice Requirement
The BIA held that the written warnings on respondent’s initial asylum application provided respondent with statutorily compliant notice of the consequences of filing a frivolous application, irrespective of the absence of oral warnings by an IJ. Matter of S–M–H–, 29 I&N Dec. 412 (BIA 2026)
CA9 Remands Asylum Claim of Honduran Domestic Violence Victim Due to Futility of Reporting
The court held that the record compelled the conclusion that the petitioner’s reporting of her beatings by her partner to Honduran authorities would have been futile, and thus granted the petition for review as to her asylum and withholding claims. (Guevara-Serrano, et al. v. Bondi, 1/20/26)
AILA Sends Letter to Congressional Leadership Urging Congress Demand Swift Action to Protect Individuals Impacted by the Iranian Crisis
AILA sent a letter to Congressional leadership urging Congress demand the Trump Administration take all possible government action to protect individuals currently affected by the ongoing unrest in Iran. The letter offers recommended government actions different agencies can undertake.
AILA Joins Sign-On Letter Urging Members of Congress to Oppose Increased DHS Funding and Demand Accountability in FY2026 DHS Appropriations
AILA joined an organizational sign-on letter led by the ACLU and other organizations calling on Members of Congress to oppose any increased funding to ICE and CBP through FY2026 appropriations and to demand increased accountability and oversight measures.
AILA Sends Letter to President Trump Urging Action to Protect Individuals Affected by the Iranian Crisis
AILA sent a letter to President Trump urging all government action be taken to protect individuals currently affected by the ongoing unrest in Iran. The letter offers multiple actions that government agencies should undertake to protect as many individuals as possible.
BIA Holds That Serious Nonpolitical Crime Bar Does Not Include Duress Exception
The BIA held that the serious nonpolitical crime bar to asylum and withholding of removal does not include a duress exception. Matter of D–G–B–L–, 29 I&N Dec. 392 (BIA 2026)
EOIR Announces New Deputy Chief Appellate Immigration Judges and Appellate Immigration Judge
EOIR announced the investiture of two Deputy Chief Appellate Immigration Judges, Stephanie E. Gorman and Gregory Radics, and Appellate Immigration Judge Renae M. Hansell on 1/15/26.
DHS Announces New Deputy Director of ICE
DHS Secretary Kristi Noem issued a statement announcing Charles Wall as the new Deputy Director of ICE. Previously, Mr. Wall served as ICE's Principal Legal Advisor and has been at ICE since 2012.
ABC News: DHS Announces Termination of Protected Status for Somalis After Group Targeted by Trump
DHS claims improved conditions in Somalia justify termination of TPS. AILA Senior Director of Government Relations Greg Chen responds, “That statement is really belied and contradicted by the facts on the ground ... the country continues to see terrorism, violent crime, and civil unrest.”
CA5 Holds That Denial of Affirmative Asylum to TPS Holders Is Not Final Agency Action
The court held that USCIS’s denial of affirmative asylum applications as to Temporary Protected Status (TPS) holders does not constitute final agency action under the APA, and affirmed the district courts’ dismissals of the plaintiffs’ APA lawsuits. (Sayegh de Kewayfati v. Bondi, 1/14/26)
AILA's Enforcement Tracker
AILA’s Enforcement Tracker gathers reports of immigration enforcement actions across the United States in one location.