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
BIA Upholds No-Bond Flight Risk Determination and Finds USCIS Adjustment Denial Admissible as Probative of Flight Risk
The BIA held that the IJ properly determined that the respondent posed a flight risk that could not be mitigated by a bond, and concluded that evidence USCIS denied his adjustment application was properly admitted as probative of flight risk. Matter of A–W–M–K–, 29 I&N Dec. 805 (BIA 2026)
CA9 Holds That Motion Premised on Evidence Not Before BIA Must Be Treated as Motion to Reopen, Making It Timely under 90-Day Deadline
The court held that a motion captioned as a motion to reopen and premised on evidence not before the BIA when it dismissed an untimely appeal must be treated as such, making it timely, and remanded for the BIA to apply the motion-to-reopen standard. (Garcia Corrales v. Blanche, 6/24/26)
Call for Plaintiffs: Clients Arrested During Kavanaugh Stops
The Electronic Frontier Foundation (EFF) and ACLU are asking for help identifying potential plaintiffs for a lawsuit challenging ICE/CBP’s use of facial recognition during roving immigration stops (i.e., Kavanaugh stops). Plaintiffs should come from the 1st, 4th, or 9th Circuits.
Federal Judge Bars ICE from Conducting Most Courthouse Arrests and Exceeding 12-Hour Holding Cell Limit
A federal judge vacated ICE Directive 11072.3 and EOIR PM 25-06, which permitted civil arrests in courthouses, and ICE’s 6/24/25 “Nationwide Hold Room Waiver” memo, which allowed ICE to hold people in holding facilities for up to 72 hours. (Pablo Sequen v. Albarran, 6/23/26)
Practice Pointer: Habeas Corpus for People Originally Detained Near the Border Then Released
AILA’s Benefits Litigation Committee provides this practice pointer on Habeas Corpus for individuals detained near the border, then released, including on recognizance or parole under INA § 212(d)(5), and due process violations in ROR revocations and revocation of parole under § 212(d)(5).
BIA Finds Potential Eligibility for Collateral Relief Was Not a Basis to Deny DHS’s Motion to Pretermit Asylum
The BIA held that the IJ erred in denying DHS’s motion to pretermit the respondents’ asylum applications based on their potential eligibility for collateral relief, finding that was not a proper factor in ruling on such a motion. Matter of T–A–G–, et al., 29 I&N Dec. 715 (BIA 2026)
A Better Way on Immigration: Principles for America’s Future
Informed by the experience of the more than 18,000 immigration attorneys who are members of AILA, this document outlines five core principles to restore trust, strengthen the rule of law, and build a system that is fairer, more secure, and better aligned with the country America aspires to be.
BIA Holds That Grant of Withholding Is an Important Consideration in Discretionary Denial of Asylum
The BIA held that a grant of withholding of removal under the INA is an important consideration in whether asylum may be denied as a matter of discretion, given the mitigating impact withholding has on the risk of future persecution. Matter of P–A–C–, 29 I&N Dec. 708 (BIA 2026)
CA11 Holds Court Lacks Jurisdiction over Petition for Review of CAT Denial Unless It Also Challenges a Final Removal Order
The court held that judicial review of a Convention Against Torture (CAT) denial is available only when the petition also challenges a final removal order, and dismissed the petition for review aimed solely at the BIA’s CAT decision for lack of jurisdiction. (Hayles v. Att’y Gen., 6/22/26)
CA1 Upholds Denial of Reconsideration Where Petitioner Failed to Show She Was Ever Unable to Leave Her Abuser
The court held that the BIA did not abuse its discretion in denying reconsideration where the petitioner failed to establish membership in her proposed PSG of Brazilian women unable to leave relationships and her perceived-family PSG lacked particularity. (Alves-Pains v. Blanche, 6/18/26)
BIA Vacates CAT Deferral Where IJ Relied on Generalized Country Conditions and Overlooked Applicant’s Individualized Circumstances
The BIA held that the IJ clearly erred in finding likely torture based on generalized country conditions evidence while overlooking the applicant's individualized circumstances, and that he did not show likely acquiescence by a public official. Matter of H–L–S–M–, 29 I&N Dec. 767 (BIA 2026)
BIA Vacates CAT Deferral Where IJ Relied on Generalized Country Conditions and Overlooked Applicant’s Individualized Circumstances
The BIA held that the IJ clearly erred in finding likely torture based on generalized country conditions evidence while overlooking the applicant's individualized circumstances, and that he did not show likely acquiescence by a public official. Matter of H–L–S–M–, 29 I&N Dec. 767 (BIA 2026)
BIA Remands Where IJ Did Not Meaningfully Address Credibility Inconsistencies and Internal Relocation Evidence
The BIA held remand was warranted because the IJ’s credibility finding did not meaningfully address apparent inconsistencies and, assuming the respondent established past persecution, failed to consider years of internal relocation without harm. Matter of H–I–A–H–, 29 I&N Dec. 823 (BIA 2026)
BIA Says Evidentiary Hearing Generally Unnecessary to Apply Safe Third Country Bar Absent Individualized Risk in ACA Country
The BIA held that where a noncitizen subject to an asylum cooperative agreement (ACA) shows no individualized risk of harm in the country of removal, an evidentiary hearing is generally unnecessary to apply the safe third country bar. Matter of A–C–M–, 29 I&N Dec. 703 (BIA 2026)
CA6 Holds That BIA’s 30-Day Appeal Deadline Is Not Jurisdictional and Upholds Denial of Equitable Tolling
The court held that the BIA’s 30-day appeal deadline is a nonjurisdictional claim-processing rule subject to equitable tolling, and upheld the denial of equitable tolling where the petitioner failed to demonstrate due diligence. (Baro v. Blanche, 6/16/26)
Call for Examples: Government Obstruction of Access to Clients
AILA is conducting a survey for an advocacy-oriented report about the experience of immigration attorneys having access to their clients obstructed by immigration agencies and related entities, either through individual officer decisions or the impact of broader national or regional policies.
BIA Holds That a Noncitizen Should Request a Stay from DHS Before Seeking One from the Board on a Pending Motion to Reopen or Reconsider
The BIA held that a noncitizen subject to a final removal order should first request a stay from DHS prior to the Board considering a stay request filed in connection with a motion to reopen or reconsider a Board or immigration court order. Matter of Herrera-Nunez, 29 I&N Dec. 691 (BIA 2026)
BIA Denies Reopening Where Respondent’s Equities Were Acquired Years After He Was Ordered Removed
The BIA held that the respondent did not establish an exceptional situation warranting sua sponte reopening of removal proceedings where his equities were acquired years after he was ordered removed from the United States. Matter of Herrera-Nunez, 29 I&N Dec. 695 (BIA 2026)
BIA Holds That DHS Properly Authenticated Forms I-213 and I-94 with Form G-24 Signed by District Records Manager
The BIA held that DHS properly authenticated the Form I-213, Record of Deportable/Inadmissible Alien, and Form I-94, Arrival/Departure Record. by attaching to each a Form G-24, Certification of Documents, signed by the District Records Manager. Matter of Momplaisir, 29 I&N Dec. 820 (BIA 2026)
EOIR Interim Final Rule on EOIR Fees
EOIR interim final rule and request for comments to update its fee regulations for filings to comply with H.R. 1, effective 6/11/26. Comments are due 7/13/26. (91 FR 35369, 6/11/26)
CA9 Vacates Its Prior Order Denying a Stay of Removal and Grants Petitioners’ Opposed Motion to Stay in Rojas-Espinoza v. Blanche
The en banc court vacated its prior order denying the petitioners’ opposed motion to stay removal and granted the stay, finding that the petitioners met the standard for a stay under Nken v. Holder in light of en banc briefing and oral argument. (Rojas-Espinoza v. Blanche, 6/9/26)
CA11 Finds Petitioner’s Conviction in Florida for Aggravated Assault with Deadly Weapon Was Categorically a Crime of Violence
The court held that the petitioner’s Florida conviction for aggravated assault with a deadly weapon was categorically a crime of violence under 18 USC §16, and thus found that the BIA did not abuse its discretion in denying the petitioner’s motion to reopen. (Senatus v. Att’y Gen., 6/8/26)
CA6 Holds That It Lacked Jurisdiction to Review BIA’s Discretionary Denial of Cancellation and Upholds Denial of Reconsideration
The court held that it lacked jurisdiction to review the BIA’s discretionary denial of cancellation of removal and that the BIA did not abuse its discretion in denying reconsideration where the petitioner waived his challenge to removability by failing to appeal it. (Dodaj v. Blanche, 6/8/26)
CA8 Holds That Actual Protection Order Need Not Be in Record to Show Removability under INA §237(a)(2)(E)(ii)
The court held that a petitioner found removable under INA §237(a)(2)(E)(ii) for violating a no-contact order need not have the actual protection order in the record, where other evidence proved the statutory elements by clear and convincing evidence. (Tiah v. Blanche, 6/8/26)
Vote Recommendation: AILA Urges the House to Vote NO on the FY26 Budget Reconciliation Bill
On 6/8/26, AILA sent a vote recommendation to the House urging it to not provide ICE and Border Patrol an additional $70 billion in funding through the FY26 Budget Reconciliation bill after it passed the Senate on 6/5/26.