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
CA1 Remands Where BIA Denied Withholding of Removal to Honduran Petitioner Based on IJ’s Adverse Credibility Finding
The court held that the BIA’s affirmance of the IJ’s adverse credibility finding as to the Honduran petitioner could not be sustained, and thus vacated and remanded the BIA’s order affirming the denial of the petitioner’s request for withholding of removal. (Lopez Troche v. Garland, 10/18/21)
Attorney General Garland Releases Report on Phased Strategic Plan to Expand Access to Justice
Attorney General Garland released a phased strategic plan to expand access to justice within the justice department and throughout the federal government. The report includes the president’s directives, a 120-day review of the department, and responsibilities of the Legal Aid Interagency Roundtable.
CA2 Finds Connecticut Convictions for Possession of Narcotics with Intent to Sell Were Aggravated Felony Drug Trafficking Offenses
The court held that the petitioners’ convictions under Connecticut General Statute §21a-277(a) were controlled substance offenses and aggravated felony drug trafficking crimes, and that the jurisdictional holding of Banegas Gomez v. Barr remained good law. (Chery v. Garland, 10/15/21)
EOIR 60-Day Notice and Request for Comments on Proposed Revisions to Form EOIR-28
EOIR 60-day notice and request for comments on proposed revisions to Form EOIR-28, Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court. Comments are due December 14, 2021. (86 FR 57444, 10/15/21)
Liaison Update: Key Takeaways from Listening Session on Immigration Detention Ombudsman
AILA provide key takeaways from the CIS Ombudsman’s listening session with the DHS Office of the Immigration Detention Ombudsman. This new office is an independent office outside of ICE and CBP charged with redressing detainee complaints about conditions and violations by DHS staff and contractors.
CIS Ombudsman’s Office Provides PPT and Q&As from Listening Session with Immigration Detention Ombudsman
The CIS Ombudsman’s Office provided the PPT and Q&As from the listening session on the Office of the Immigration Detention Ombudsman.
DHS OIG Finds ICE Needs to Improve Oversight of Segregation Use in Detention Facilities
DHS OIG audited ICE detention facilities to determine whether administrative and disciplinary segregation complied with ICE detention standards. Finding noncompliance with NARA retention schedules and insufficient reports on segregation, DHS made three recommendations and ICE concurred.
CA3 Finds BIA Misapprehended Applicable Law by Not Considering Religious Persecution Against Chinese Petitioner Cumulatively
Granting the petition for review and remanding, the court held that while the BIA was correct in finding that the petitioner had not suffered political persecution in China, its reasons for rejecting religious persecution were flawed. (Liang v. Att’y Gen., 10/12/21)
CA7 Upholds Denial of CAT Relief to Petitioner Who Feared Being Removed to Burundi as a Returning Twa Refugee
Where the petitioner claimed that he feared being removed to Burundi because he was a returning Twa refugee and was unable to speak the native language, the court upheld the BIA’s denial of deferral of removal under the Convention Against Torture (CAT). (Nyandwi v. Garland, 10/8/21)
AILA Joins 220 Organizations in Opposing Expansion of Immigration Detention
AILA joined 220 organizations in expressing disappointment about the planned reopening of Moshannon Valley Correctional Center as an ICE detention center, and the conversion and expansion of the Berks County ICE detention center to an adult facility for women.
Department of the Treasury Notice on Interest Rate for Immigration Bonds
Department of the Treasury notice that for the period beginning 10/1/21 and ending 12/31/21, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.05 per centum per annum. (86 FR 55922, 10/7/21)
CA7 Upholds Withholding of Removal Denial to Petitioner Who Feared Persecution in Jamaica as a Gay Man
The court held that substantial evidence supported the BIA’s decision that the Jamaican petitioner, who feared that the government might punish him for violating Jamaica’s anti-sodomy laws, did not face a likelihood of state-sanctioned persecution. (Murry v. Garland, 10/7/21)
CA9 Says Petitioner’s Conviction for First-Degree Assault in Washington Was Categorically a Crime of Violence
The court concluded that first-degree assault under Washington Revised Code §9A.36.011 was categorically a crime of violence aggravated felony, thus rendering the petitioner removable under INA §237(a)(2)(A)(iii). (Amaya v. Garland, 10/7/21)
AILA and the Council Urge Creation of Universal System for Discretionary Release from ICE Detention
AILA and the American Immigration Council sent a follow-up letter to DHS calling for the creation of a meaningful and functioning system of discretionary release within ICE.
CA9 Says California Law Banning Private Detention Centers Impedes Federal Immigration Policy
The court held that California Assembly Bill 32 (AB 32), which aimed to phase out all private detention facilities within the state, could not stand because it tried to regulate an area that belongs exclusively in the realm of the federal government. (The GEO Group, Inc. v. Newsom, 10/5/21)
CA6 Upholds Denial of Asylum to Petitioner Who Alleged Economic Persecution by Guatemalan Government
The court held that substantial evidence supported the BIA’s conclusion that the petitioner, an indigenous K’iche’ woman from Guatemala, had neither suffered, nor had a well-founded fear of economic persecution by the Guatemalan government. (Hernandez-Hernandez v. Garland, 10/4/21)
Government Reaches Settlement with Flores Plaintiffs to Pay $1.15 Million in EAJA Fees
The parties reached a settlement to resolve the plaintiffs’ Motion for Award of Attorneys’ Fees and Costs under the Equal Access to Justice Act (EAJA), in which the government agreed to pay $1,150,000 in attorneys’ fees and litigation costs. (Flores, et al. v. Garland, et al., 9/30/21)
Ethical Duties for Prosecutorial Discretion Requests
Learn about the ethical questions the prosecutorial discretion memo can create and how to address them in this article by Michele Carney, chair of AILA’s Ethics Committee. Answer important questions related to auditing removal files, advising clients, fees, and staying up-to-date on the latest.
DHS Issues Updated Guidance on the Enforcement of Civil Immigration Law
DHS issued updated guidance on the enforcement of civil immigration law. Guidance is effective on 11/29/21 and will rescind prior civil immigration guidance. This memo is often referred to as the Mayorkas memo.
AILA: Implementation Will Show if New ICE Guidelines Go Far Enough
AILA welcomed new guidelines announced by Department of Homeland Security Secretary Alejandro Mayorkas which would shape actions by Immigration and Customs Enforcement (ICE) agents across the country.
CA9 Holds That BIA’s Summary Dismissal of Pro Se Litigant’s Appeal Violated Her Right to Due Process
The court held that, given petitioner’s status as a pro se litigant, her Notice of Appeal was sufficiently specific to inform the BIA of the issues challenged on appeal, and thus the BIA violated her right to due process by summarily dismissing her appeal. (Nolasco-Amaya v. Garland, 9/28/21)
EOIR 60-Day Notice and Request for Comments on Form EOIR-40
EOIR 60-day notice and request for comments on proposed changes to Form EOIR-40, Application for Suspension of Deportation. Comments are due 11/29/21. (86 FR 53677, 9/28/21)
EOIR Launches “Access EOIR” Initiative
EOIR announced its “Access EOIR” initiative, which attempts to raise representation for individuals appearing before immigration courts. New trainings under the Model Hearing Program are available, and recent EOIR efforts include the development of the Counsel for Children Initiative.
USCIS Notice of Proposed Rulemaking on DACA
USCIS notice of proposed rulemaking (NPRM) on DACA. If finalized as proposed, the NPRM would codify the existing DACA policy with a few limited changes. Comments are due 11/29/21. (86 FR 53736, 9/28/21)
CA5 Finds BIA Abused Its Discretion in Denying Motion to Reopen Where Petitioner’s NTA Lacked Time and Date Information
Where the petitioner’s Notice to Appear (NTA) lacked the time and date of his hearing, the court held that the BIA based its denial of petitioner’s motion to reopen and rescind his in absentia removal order on a legally erroneous interpretation of INA §239(a). (Rodriguez v. Garland, 9/27/21)