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
CA4 Holds That Petitioner’s Accessory-After-the-Fact Conviction in Virginia Was an Aggravated Felony
The court held that the petitioner’s conviction for being an accessory after the fact under Virginia law was an aggravated felony—namely one “relating to . . . the obstruction of justice”—under INA §101(a)(43)(S). (Pugin v. Garland, 11/30/21)
Documents Relating to Litigation over Biden Administration ICE Enforcement Priorities Memos
Find resources related to Texas v. United States, litigation concerning the Biden ICE enforcement memos. On 11/30/21, the Fifth Circuit (en banc) determined that the 9/15/21 panel opinion issuing a stay on the preliminary injunction against the memos should be vacated.
CRS Releases Legal Sidebar on Immigration Arrests in the Interior of the United States
CRS provided a report on ICE’s immigration enforcement in the interior of the United States. It explains general authority to arrest and detain, limitations to ICE’s arrest authority, worksite inspections, and recent congressional activity regarding ICE’s conduct of immigration enforcement actions.
CA2 Holds That a Pre-IIRAIRA OTSC Need Not Have Included Time-and-Place Information to Trigger Stop-Time Rule
The court held that the requirement that time-and-place information for a removal hearing be specified in a single Notice to Appear (NTA) to successfully trigger the stop-time rule does not apply to an Order to Show Cause (OTSC), a pre-IIRAIRA charging document. (Jiang v. Garland, 11/24/21)
CA9 Finds BIA Erred by Failing to Assess Individualized Risk of Persecution as to Evangelical Christians in Indonesia
Granting the petition for review, the court held that the BIA erred by failing to assess the petitioners’ individualized risk of persecution in Indonesia to establish eligibility for asylum and related relief due to their identity as evangelical Christians. (Nababan v. Garland, 11/23/21)
AILA and Partners File Complaint with DHS on Violations and Inhumane Conditions at Torrance Detention Facility
AILA and partners sent a complaint to DHS CRCL requesting an investigation of the violations of due process and inhumane conditions and lack of access to counsel at the Torrance County Detention facility in Estancia, New Mexico.
Death Detainee Reports Released by ICE
Congressional requirements described in the 2018 Department of Homeland Security Appropriations Bill require ICE to make public all reports regarding an in-custody death within 90 days. ICE has provided those reports, beginning in FY2018.
EOIR Issues Policy Memo on Administrative Closure Following Matter of Cruz-Valdez
EOIR issued guidance to address administrative closure in light of Matter of Cruz-Valdez. Where a respondent requests administrative closure, and DHS does not object, the request should generally be granted and the case administratively closed. Guidance effective as of 11/22/21.
EOIR Launches Limited Online Filing for Respondents in "Access EOIR"
EOIR launched “Respondent Access” as the next phase of its "Access EOIR" initiative. This allows respondents to update address and contact information with the agency digitally, instead of using EOIR-33. Attorneys and fully accredited representatives should submit their EOIR forms through ECAS.
CA6 Finds BIA Reasonably Concluded That Changed Conditions in the Congo Rebutted Petitioner’s Well-Founded Fear of Persecution
The court upheld the BIA’s denial of asylum, finding that the Board did not err in holding that governmental changes in the Congo—namely, that the petitioner’s own political party had assumed power—made any future political persecution unlikely. (Mbonga v. Garland, 11/22/21)
EOIR Announces Opening of Immigration Court in Santa Ana, CA
EOIR announced it will open a new immigration court in Santa Ana, California, on November 29, 2021. The court will include 22 immigration judges. At the time of opening, three judges will hear cases transferred from the Los Angeles – Olive Street court. EOIR has notified the affected parties.
AILA and the American Immigration Council Send Comment Letter to DHS on DACA Regulations
AILA and the American Immigration Council submitted a comment in response to the Notice of Proposed Rulemaking on Deferred Action for Childhood Arrivals (DACA) offering support for the continuation of the DACA initiative and recommendations related to its administration and adjudication.
BIA Finds CA Carjacking Conviction is Categorically an Aggravated Crime of Violence
The BIA found that the respondent’s conviction for carjacking under section 215(a) of the California Penal Code is categorically a conviction for an aggravated felony crime of violence. Matter of A. Valenzuela, 28 I&N Dec. 418 (BIA 2021)
BIA Extends Deadline for Amicus Briefs on Pereida v. Wilkinson
The BIA extended the deadline for submission of amicus briefs related to Pereida v. Wilkinson and records of conviction. Briefs are now due by November 19, 2021.
CA9 Upholds Denial of Motion for Reconsideration Where Petitioner Failed to Demonstrate Due Diligence for Equitable Tolling
Where petitioner had filed a motion for reconsideration arguing that a recent Supreme Court ruling rendered his conviction no longer a “crime of violence” aggravated felony, the court held that the BIA did not abuse its discretion in denying equitable tolling. (Goulart v. Garland, 11/18/21)
CA9 Declines to Rehear Soto-Soto v. Garland En Banc
The court issued an order denying the rehearing en banc of Soto-Soto v. Garland, in which the court held that the BIA erred by reviewing the IJ’s decision de novo rather than for clear error. (Soto-Soto v. Garland, 11/18/21)
ICE Provides Online Scheduling Tool for Noncitizen Check-In Appointments
ICE introduced a web-based, smartphone-compatible scheduler for noncitizens to create or change check-in appointments using information from an I-385 form. It can be used instead of making appointments in person or by phone. Now available in Spanish, French, Portuguese, Haitian Creole, and English.
CA11 Remands Asylum Claim of Sri Lankan Petitioner Who Feared Future Persecution as a Tamil Failed Asylum Seeker
The court held that the BIA failed to give reasoned consideration to the Sri Lankan petitioner’s claim that, as a Tamil failed asylum seeker, he had a well-founded fear of future persecution, and thus remanded his asylum and withholding of removal claims. (Jathursan v. Att’y Gen., 11/17/21)
CA1 Says IJ and BIA Erred in Finding That Petitioner’s Prior Conviction Rendered Him Ineligible for Withholding of Removal
The court held that the IJ erred in informing the pro se petitioner he was eligible for potential relief only under the Convention Against Torture (CAT), and in treating his conviction for drug trafficking as if it were a per se bar to withholding of removal. (DeCarvalho v. Garland, 11/17/21)
CA5 Upholds BIA’s Conclusion That Indian Petitioner’s Second Motion to Reopen Was Time and Number Barred
The court held that the BIA did not err in finding that the petitioner’s second motion to reopen for lack of notice was time and number barred under 8 CFR §1003.2(c)(2), because the petitioner had failed to inform the immigration court of his change in address. (Maradia v. Garland, 11/17/21)
AILA and Partners Urge Congress to Provide Funding for Appointed Counsel for Individuals Facing Removal
AILA and the American Immigration Council led a sign-on letter urging Congress to provide robust funding for appointed counsel for indigent individuals facing removal. 118 bar associations and organizations specializing in providing legal representation to immigrants signed onto the letter.
BIA Invites Amicus Briefs on Hernandez v. Whitaker and CIMTs
The BIA invites amicus briefs to consider if a conviction under section 750.81a(1) of the Michigan Compiled Laws is a crime involving moral turpitude. Amicus briefs are due by 12/8/21.
TRAC Finds Immigration Court Backlog Nears 1.5 Million Cases
TRAC finds that the immigration court backlog nears 1.5 million cases. Immigration judges completed 21,154 cases in October, less than half of the total new cases coming into the courts, which means the total backlog continues to grow each month.
EOIR Announces Fully Virtual eRegistration Process for ECAS
EOIR announced that eRegistration for ECAS will be fully virtual. Starting November 15, two-phase eRegistration is required to validate a registrant’s identity, but practitioners no longer have to appear in-person to show photo ID. The memo lists registration times and contact information.
CA9 Rejects Challenge to Reinstatement Order Where Underlying Removal Order Was Legally Valid at Time of Entry and Execution
Dismissing the petition for review of an order reinstating petitioner’s removal order, the court held that the petitioner had failed to establish a gross miscarriage of justice that would permit it to entertain a collateral attack on the underlying order. (Lopez Vazquez v. Garland, 11/12/21)