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
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)
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)
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.
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.
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)
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)
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 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)
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)
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.
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)
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)
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)
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.
CA7 Upholds Asylum Denial as to Honduran Petitioner Threatened by Former Leader of Land Cooperative
The court upheld the agency’s denial of asylum and withholding of removal, finding that the petitioner, who was threatened by a former leader of a Honduran land cooperative, failed to show that Honduran authorities were unable or unwilling to protect her. (Martinez-Martinez v. Bondi, 8/14/25)
EOIR Policy Memo (PM) 25-41 Establishing Updated Guidance for the Dedicated Docket
EOIR Acting Director Sirce E. Owen issued policy memo (PM) 25-41 establishing updated guidance for the Dedicated Docket. Moving forward, DHS may schedule any cases placed on its Alternatives to Detention (ATD) program onto the Dedicated Docket. This PM supersedes and replaces EOIR PM 21-23.
BIA Holds That Lack of Corroboration May Be Independent Basis to Deny Asylum or Withholding
The BIA held that a respondent’s nonresponsive and evasive testimony supports an adverse credibility determination, and that lack of corroboration may be an independent basis to find respondent has not shown eligibility for asylum or withholding. Matter of G–C–I–, 29 I&N Dec. 176 (BIA 2025)
CA2 Upholds BIA’s Denial of Continuance Where Petitioner Failed to Demonstrate Good Cause
The court held that the agency did not abuse its discretion in denying a continuance, finding that the petitioner failed to establish that his U.S.-citizen newborn child would suffer “exceptional and extremely unusual hardship” under INA §240A(b)(1)(D). (Hernandez Flores v. Bondi, 8/14/25)
CA3 Finds Mexican Petitioner’s Asylum Claim Was Unexhausted and Upholds BIA’s Denial of Cancellation
The court found that the BIA did not abuse its discretion in finding petitioner waived his challenges to the denial of asylum and related relief, upheld the BIA’s denial of cancellation of removal, and held that the BIA properly rejected his due process claim. (Sanchez v. Att’y Gen., 8/15/25)
CA5 Upholds Asylum Denial as to Venezuelan Opposition Member Shot and Threatened by Paramilitary Group
The court found that the petitioner, who feared persecution by a paramilitary group in Venezuela, failed to establish past persecution from death threats and a gunshot wound or demonstrate a well-founded, objectively reasonable fear of future persecution. (Montiel Rubio v. Bondi, 8/13/25)