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 Reaffirms That Conviction in New York for Second-Degree Sexual Abuse Constitutes “Sexual Abuse of a Minor” under the INA
The court reaffirmed its holding in Debique v. Garland that a conviction for second-degree sexual abuse in New York under NYPL §130.60(2) constitutes “sexual abuse of a minor” under INA §101(a)(43)(A) and is thus categorically an aggravated felony. (Garcia Pinach v. Bondi, 8/4/25)
CA7 Upholds Denial of Withholding and CAT Relief to Petitioner Who Feared Cartel Violence in Mexico
The court held that the record did not compel a conclusion that the petitioner, who feared for his life in Mexico due to cartel violence, proved that he was eligible for withholding of removal under the INA or protection under the Convention Against Torture (CAT). (P. A.-V. v. Bondi, 8/4/25)
CA8 Upholds Denial of Administrative Closure After Finding BIA Appropriately Considered Avetisyan Factors
The court held that the BIA did not abuse its discretion in dismissing an administrative appeal of the IJ’s denial of petitioner’s motion for administrative closure, finding the BIA appropriately considered relevant factors under Matter of Avetisyan. (Sanchez-Banos v. Bondi, 8/1/25)
Policy Brief: ICE Arrests at Immigration Courts
AILA members reported widespread instances of ICE Enforcement and ERO agents appearing at immigration courts to detain individuals following the dismissal of their case. This brief summarizes the key takeaways from the reports of AILA members and the broader policy implications.
CA9 Holds That BIA Erred in Finding Romanian Petitioners’ Harm Did Not Cumulatively Rise to Level of Past Persecution
The court found that the record compelled the conclusion that the petitioners’ past experiences collectively rose to the level of persecution, and that the BIA erred when it determined that the Roma ethnicity is not a disfavored group in Romania. (Lapadat v. Bondi, 2/12/25, amended 7/31/25)
CA4 Upholds BIA’s Reversal of CAT Relief Based on Adverse Credibility and Insufficient Likelihood of Torture
The court held that substantial evidence supported the BIA’s conclusion that the IJ committed clear error in finding that petitioner demonstrated a sufficient likelihood of torture to be eligible for protection under the Convention Against Torture (CAT). (Colorado Navarro v. Bondi, 7/31/25)
BIA Orders Respondent’s Detention Without Bond Based on His Recent Drug Trafficking Arrest
The BIA held that the respondent’s recent arrest for trafficking in a large quantity of cocaine demonstrated that he was a danger to the community and did not warrant release on bond. Matter of Salas Pena, 29 I&N Dec. 173 (BIA 2025)
CA3 Holds That It Lacks Jurisdiction over “Extraordinary Circumstances” Inquiry as to Untimely Filed Asylum Applications
The court held that it lacked jurisdiction to review the BIA’s determination that the petitioner failed to show extraordinary circumstances under INA §208(a)(2)(D) sufficient to excuse the late filing of his asylum application. (Real v. Att’y Gen., 7/30/25)
Client Flyer: New Immigration Fees Authorized by the “One Big Beautiful Bill Act”
AILA provides a flyer to inform your clients of the new immigration fees authorized by H.R.1 (the "One Big Beautiful Bill Act"). The flyer is available as a generic PDF version as well as a Word version you can customize with your firm's information. Please share.
BIA Clarifies Burden on Respondents Claiming State Drug Conviction Is Overbroad
The BIA held that once DHS proves a state drug conviction by clear and convincing evidence, respondent bears the burden of showing a realistic probability the state prosecutes substances outside the federal controlled substance definition. Matter of Felix-Figueroa, 29 I&N Dec. 157 (BIA 2025)
CA1 Upholds Denial of Cancellation as to Guatemalan Petitioner After Finding No Exceptional Hardship to U.S.-Citizen Children
The court held that petitioner did not show that the agency committed legal error by overlooking or otherwise failing to consider relevant evidence, or that his U.S.-citizen children would suffer exceptional and extremely unusual hardship upon his removal. (Rivera Samayoa v. Bondi, 7/28/25)
Policy Brief: ICE Plan to Detain Most Undocumented Noncitizens Would Deprive Millions of Liberty and Undermine Immigration Courts’ Authority
On July 8, ICE issued an internal memo updating its legal position on bond jurisdiction for individuals who entered the United States without inspection. This policy brief reviews the updates and impacts of that change.
DOJ Sues New York City Over Sanctuary Policies
DOJ filed a lawsuit against New York City, Mayor Adams, and other city officials to challenge the city's sanctuary laws. This follows similar DOJ lawsuits against several cities and states, including Los Angeles and New York State. (United States of America v. City of New York, et. al., 7/24/25)
CA1 Upholds Asylum Denial as to Guatemalan Petitioner Targeted by Robberies While Traveling to School
The court held that substantial evidence supported the BIA’s determination that petitioner failed to establish a nexus between the five robberies he suffered while traveling to school in Guatemala and either of his proposed particular social groups (PSGs). (Cano-Gutierrez v. Bondi, 7/24/25)
CA3 Upholds Withholding of Removal Denial as to Guatemalan Indigenous Mother and Son Targeted by Gangs
The court held that substantial evidence supported the IJ’s conclusion that the petitioners, an indigenous Mayam Mam mother and her son, were targeted by gangs in Guatemala for financial reasons rather than on account of their membership in a protected group. (A. G.-G. v. Att’y Gen., 7/24/25)
Practice Alert: New Immigration Fees Authorized by the Reconciliation Bill
USCIS has delayed collecting new fees for certain immigration benefit requests until it can operationalize its processes. AILA expects USCIS to provide details on the implementation in the coming days.
BIA Reverses IJ’s Grant of CAT Deferral to Venezuelan Respondent After Finding No Individualized Risk of Torture
The BIA held that evidence of human rights abuses in Venezuela and past threats to the respondent did not establish an individualized risk of torture, where the last threat occurred years before respondent left the country and she was unharmed. Matter of O–Y–A–E–, 29 I&N Dec. 190 (BIA 2025)
BIA Finds Respondent Failed to Show Exceptional and Extremely Unusual Hardship Based on Economic Detriment and Family Separation
The BIA held respondent failed to show exceptional and extremely unusual hardship, where his U.S.-citizen wife and children would remain in the United States and treatment for their mental health conditions would not be affected by his removal. Matter of Buri Mora, 29 I&N Dec. 186 (BIA 2025)
CA9 Upholds CAT Denial as to Mexican Petitioner Who Feared Retaliation from Cartels
The court upheld the BIA’s denial of protection under the Convention Against Torture (CAT), finding that the petitioner did not meet his burden to show that it was more likely than not he would be tortured upon his return to Mexico. (Perez Cruz v. Bondi, 7/21/25)
DOJ Notice of Extension of Form EOIR-31A
DOJ notice of extension of Form EOIR-31A, Request by Organization for Accreditation or Renewal of Accreditation of Non-Attorney Representative, used to request initial or renewed accreditation of a non-attorney representative to appear in EOIR or DHS immigration proceedings. (90 FR 34011, 7/18/25)
EOIR Notice of Extension of Form EOIR-31
EOIR notice of extension of Form EOIR-31, Request for New Recognition, Renewal of Recognition, Extension of Recognition of a Non-profit Religious, Charitable, Social Service, or Similar Organization. (90 FR 34010, 7/18/25)
BIA Holds PSG Defined Only by Noncitizen’s Sex or Sex and Nationality Is Overbroad
The BIA held that a particular social group (PSG) defined by a noncitizen’s sex or sex and nationality, standing alone, is overbroad and insufficiently particular to be cognizable. Matter of K-E-S-G-, 29 I&N Dec. 145 (BIA 2025)
CA1 Finds That Agency Applied Incorrect Legal Standard in Evaluating Whether Petitioners Were Removable
The court concluded that, because the petitioners were charged with inadmissibility rather than deportability, the government had the burden to prove that they were noncitizens by “clear, unequivocal, and convincing” evidence, and failed to do so. (Da Silva Borges, et al. v. Bondi, 7/18/25)
USCIS Announces Updated Fees Based on H.R. 1
USCIS will publish a Federal Register notice on 7/22/25 with updated fees based on the H.R 1 Reconciliation Bill (H.R. 1). Applicants must submit the new fees with benefit requests postmarked on or after 7/22/25. USCIS will reject any form postmarked on or after 8/21/25, without the proper fees.
CA7 Upholds Denial of Motion to Reopen Where Petitioner Failed to Comply with Procedural Requirements
The court upheld the BIA’s denial of the petitioner’s motion to reopen based on ineffective assistance of counsel, finding that he failed to fulfill the first two procedural requirements set forth in Matter of Lozada needed to bring such a motion. (Singh v. Bondi, 7/18/25)