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
ICE 30-Day Notice and Request for Comments on Proposed Revisions to Form I-312/Form I-312A
ICE 30-day notice and request for comments on proposed revisions to Form I-312, Designation of Attorney in Fact, and Form I-312A, Revocation of Attorney in Fact. Comments are due 5/25/22. (87 FR 24326, 4/25/22)
CRS Provides Report on U.S. Immigration Courts and the Pending Cases Backlog
CRS provided a report on the U.S. immigration courts and the pending cases backlog. The report outlines EOIR’s adjudicatory components, explains removal proceedings, presents proposed solutions to the backlog, addresses the Real Courts, Rule of Law Act of 2022, and more.
AILA and Partners Submit Amicus Brief on the Nonstate Actor Test
AILA and partners submitted a brief urging the court to apply the de novo standard of review to the agency’s legal analysis in regards to the nonstate actor test, grant the petition for review, and remand for the BIA to apply correct standard of review and unable-or-unwilling nonstate actor test.
The Basics of Motions to Reopen EOIR-Issued Removal Orders
The American Immigration Council and the National Immigration Litigation Alliance provide this practice advisory with a basic overview of motions to reopen removal orders that are filed by EOIR.
DHS OIG Releases Report on Standard Violations at South Texas ICE Processing Center
DHS OIG inspected the South Texas ICE Processing Center, identifying violations of ICE detention standards that compromised the health, safety, and rights of detainees. DHS OIG made five recommendations; ICE concurred.
ICE 30-Day Notice and Request for Comments on Proposed Revisions to Form I-333
ICE 30-day notice and request for comments on proposed revisions to Form I-333, Obligor Change of Address. Comments are due 5/23/22. (87 FR 24190, 4/22/22)
BIA Sustains Respondent’s Appeal after Applying Matter of Pickering and Finding Virginia Controlled Substance Statute Divisible
BIA found that if a nunc pro tunc order is based on procedural or substantive defect in underlying proceedings, the original conviction is invalid for immigration purposes and that VA Code is divisible with respect to controlled substance involved. Matter of Dingus, 28 I&N Dec. 529 (BIA 2022)
BIA Finds Louisiana Domestic Abuse Statute Is Not Categorically a Crime of Domestic Violence under INA §237(a)(2)(E)(i)
BIA says SCOTUS construction of “physical force” in Johnson and Stokeling controls its interpretation of 18 USC §16(a), which is incorporated by reference into INA, and Louisiana Statutes is overbroad with respect to §16(a). Matter of Dang, 28 I&N Dec. 541 (BIA 2022)
DHS 5-Day Notice and Request for Comments on New MPP Disenrollment Request System
DHS 5-day notice and request for comments on a new public-facing Migrant Protection Protocols (MPP) Disenrollment Request website. Comments are due 4/26/22. (87 FR 23879, 4/21/22)
EOIR to Stop Holding Hearings in Pittsburgh on Sidney Street
EOIR announced it will no longer hold hearings in Pittsburgh, effective at close of business on April 29, 2022. DHS is unable to support hearings there at this time. Pittsburgh-area respondents and representatives can have cases heard remotely or in person at the Philadelphia immigration court.
AILA Colorado Chapter Opposition to the Potential Appointment of Wayne Paugh as an Immigration Judge
The AILA Colorado Chapter sent a letter to DOJ and EOIR expressing its opposition to the potential appointment of Wayne Paugh as an immigration judge.
CA5 Denies Rehearing En Banc in Rodriguez v. Garland
The court denied the petition for panel rehearing and rehearing en banc in Rodriguez v. Garland, in which the court held that the BIA erroneously interpreted INA §239(a) in denying petitioner’s motion to reopen and rescind his in absentia removal order. (Rodriguez v. Garland, 4/19/22)
CA1 Holds That BIA Failed to Apply Clear-Error Review to IJ’s Factual Finding of Hardship to Petitioner’s Father
The court held that the BIA impermissibly changed the IJ’s factual finding from a finding that hardship “would” occur to the petitioner’s father to a finding that hardship “might” occur without applying clear-error review, and thus granted the petition for review. (Barros v. Garland, 4/19/22)
EOIR Rescinds Policy Memoranda 19-05, 21-06, and 21-13
EOIR rescinded PM 19-05, Guidance Regarding the Adjudication of Asylum Applications Consistent with INA § 208(d)(5)(A)(iii); PM 21-06, Asylum Processing; and PM 21-13, Continuances.
CA4 Says BIA Did Not Err in Considering Aggregate Risk of Torture as to Salvadoran Petitioner
Upholding the denial of Convention Against Torture (CAT) relief, the court held that the IJ did not improperly conflate risks posed by the police and vigilante groups, and that BIA correctly reviewed the IJ’s finding under the clearly erroneous standard. (Ibarra Chevez v. Garland, 4/15/22)
Five Tips to Minimize Retraumatizing Your Clients
Every time a client must tell their traumatic experiences, there is a potential for retraumatizing them. Minimize that effect and improve your advocacy through these five essential tips from the popular roundtable The Trauma-Informed Practice & Lawyering Skills.
EOIR Announces New Appellate Judge
EOIR announced the appointment of Beth Liebmann as a member of BIA by Attorney General Merrick B. Garland. Biographical information for Liebmann has been provided.
BIA Invites Amicus Briefs on Texas Burglary Statute
The BIA invites amicus curiae briefs discussing Texas Penal Code §30.02(a)(3), the generic offense of burglary, and whether a conviction under Texas Penal Code §30.02(a)(3) is a “crime of violence” under INA §101(a)(43(F) that meets the “physical force” element. Briefs are due May 3, 2022.
CA6 Stays District Court's Injunction Against Implementation of DHS's Civil Immigration Enforcement Guidance
On 4/12/22, the Sixth Circuit stayed the implementation of the district court's nationwide injunction that had blocked DHS from implementing Section II of its civil immigration enforcement guidance that was issued in September 2021. (Arizona v. Biden, 4/12/22)
USCIS Announces Online Filing for DACA Renewal Forms
USCIS announced that individuals who previously received deferred action under DACA may file Form I-821D online. Currently, the option is only available for individuals who have previously been granted DACA. They must file Form I-765 to support their DACA filing, which is also available online.
EOIR Announces Appointment of Mary Cheng as Deputy Director
EOIR announced the appointment of Mary Cheng as the agency’s deputy director. Judge Cheng has served the EOIR since 2009. Additional information on her background has been provided.
EOIR Provides Staff Directory for Immigration Courts
EOIR provided a staff directory with phone numbers for immigration court staff, including clerks. The AILA EOIR/ICE Joint Liaison Committee had requested that this information be provided.
CA5 Finds Asylum Applicant Failed to Show Honduran Government Was Unable or Unwilling to Control Her Persecutors
The court held that substantial evidence supported the BIA’s finding that the petitioner, who had been abused as a child and threatened by the MS-13 gang, did not show that the Honduran government was unable or unwilling to control her alleged persecutors. (Sanchez-Amador v. Garland, 4/11/22)
CA5 Holds That 30-Day Appeal Filing Period of 8 CFR §1003.38(b) Is Non-Jurisdictional and Subject to Equitable Tolling
The court vacated the BIA’s decision dismissing the petitioner’s appeal as untimely and remanded, holding that the 30-day appeal filing deadline imposed by 8 CFR §1003.38(b) is non-jurisdictional and thus subject to equitable tolling. (Boch-Saban v. Garland, 4/8/22)
AILA Liaison Meeting with EOIR (4/7/22)
The AILA EOIR/ICE Joint Liaison Committee provides unofficial notes from its meeting on April 7, 2022, with EOIR. These notes are not official minutes. Topics include ECAS and technology, notice of hearing changes, prosecutorial discretion, and withdrawing from administratively closed cases.