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
CA9 Finds IJ Discounted Probative Evidence on Flimsy Grounds and Displayed Dubious Understanding of How Rape Survivors Should Act
Granting the petition for review of the BIA’s denial of asylum and remanding, the court held that the IJ erred by failing to give specific, cogent reasons for rejecting petitioner’s reasonable, plausible explanations for the discrepancies tied to her declaration. (Munyuh v. Garland, 8/25/21)
CA5 Finds BIA Abused Its Discretion by Entirely Failing to Address Libyan Petitioner’s CAT Claim
The court held that the BIA abused its discretion by entirely failing to address the Libyan petitioner’s Convention Against Torture (CAT) claim, where the petitioner had raised his CAT claim several times in his briefing before the BIA. (Abushagif v. Garland, 9/24/21)
CA6 Finds Asylum Applicant Did Not Show Guatemalan Government Was Unable to Protect Women from Persecution by Individuals
The court held that the petitioner did not meet her burden of proving that the Guatemalan government is or was unable or unwilling to protect women from the persecution that she claimed to fear—namely, violence or kidnapping by private individuals. (Ramos Rafael v. Garland, 9/24/21)
DOJ OIG Releases Report on Expansion of the Institutional Hearing and Removal Program for Federal Inmates
DOJ OIG reviewed the expansion of the Institutional Hearing and Removal Program (IHRP). They found that DOJ coordinated with DHS to generally achieve the three goals of expansion, participants spent less time in ICE detention, and neither DHS nor DOJ has a plan to assess the expansion or program.
CA9 Says BIA Did Not Abuse Its Discretion in Finding Petitioner’s 2016 Motion Was Untimely or in Declining to Sua Sponte Reopen
The court concluded that the BIA did not abuse its discretion in determining that the petitioner’s 2016 motion to reopen was untimely, nor did it commit legal error in declining to sua sponte reopen her case. (Cui v. Garland, 9/23/21)
BIA Clarifies When an NTA Constitutes a “Charging Document”
The BIA dismissed the respondent’s appeal after finding that a Notice to Appear that lacks the time and place of an initial removal hearing constitutes a “charging document.” Matter of Arambula-Bravo, 28 I&N Dec. 388 (BIA 2021)
CIS Ombudsman’s Office Releases Tips for Renewing DACA
The CIS Ombudsman sent a reminder with tips for submitting a request to USCIS to renew DACA applications.
CA9 Finds Convictions in Washington for Robbery and Attempted Robbery in the Second Degree Are Not Aggravated Felonies
Granting the petition for review, the court held that the petitioner’s convictions in Washington for robbery in the second degree and attempted robbery in the second degree did not qualify as aggravated felony theft offenses under INA §101(a)(43)(G), (U). (Alfred v. Garland, 9/22/21)
CA3 Reverses Denial of Asylum to Petitioner Who Fled Yemen to Avoid Persecution on Account of Political Opinion
Where the Yemeni petitioner had been kidnapped and tortured before being convicted and sentenced to 10 years’ imprisonment for political opposition to the Houthi regime, the court concluded that the BIA erred in determining that he was ineligible for asylum. (Ghanem v. Att’y Gen., 9/22/21)
CA9 Finds Inconsistencies in Petitioner’s Asylum and Visa Applications Were Sufficient to Support Adverse Credibility Determination
Where the petitioner claimed she was persecuted because of her membership in a house church that was not registered with the Chinese government, the court held that the BIA appropriately relied on two inconsistencies in making its adverse credibility determination. (Li v. Garland, 9/21/21)
CA10 Holds That BIA Erred in Declining to Reopen Sua Sponte Based on Incorrect Legal Premise
Granting the petition for review and remanding, the court found that the BIA at least partly relied on a legally erroneous—and thus invalid—rationale for declining to exercise its sua sponte reopening authority. (Berdiev v. Garland, 9/21/21)
CA8 Upholds Denial of Asylum to Guatemalan Petitioner Whose Family Refused to Give Money to Gangs
The court upheld BIA’s denial of asylum, finding petitioner’s proposed particular social group of “family unaffiliated with any gangs who refuse to provide any support to transnational criminal gangs in Guatemala” lacked particularity and social distinction. (Osorio Tino v. Garland, 9/20/21)
DHS Releases Strategy on Addressing Increase in Migrants in Del Rio
DHS released their strategy to address increased migrant encounters in Del Rio. This includes increased CBO presence, USBP coordination with ICE, and increased capacity of removal flights. Most migrants continue to be expelled under CDC’s Title 42 authority.
BIA Finds Conviction Does Not Bar Respondent from Seeking a 212(h) Waiver
The BIA remanded record to IJ for further proceedings after finding that a person who enters as a refugee and later adjusts is not precluded from establishing eligibility for a 212(h) waiver. Matter of N-V-G-, 28 I&N Dec. 380 (BIA 2021)
CA9 Finds BIA Erred in Relying on Probation Report to Conclude Petitioner Had Been Convicted of Particularly Serious Crime
The court held that the BIA erred by failing to require DHS to make a good faith effort to present for petitioner’s cross-examination the author or declarant of a probation report upon which it relied to make its particularly serious crime determination. (Alcaraz-Enriquez v. Garland, 9/16/21)
EOIR Issues Policy Memo on Updated Adjournment, Call-up, and Case Identification Codes
EOIR issued PM 21-28, concurrently rescinding and cancelling PM 21-07. EOIR updated its adjournment, call-up, and case identification codes to track and report on cases pending and completed before immigration courts and BIA. Codes are in the EOIR Policy Manual. Memo is effective 9/16/21.
Practice Alert: Impact of Litigation on the Exercise of Prosecutorial Discretion Under January 2021 Interim Guidance
On August 19, 2021, a federal district court issued an injunction prohibiting implementation of several memos that provided guidance on prosecutorial discretion (PD). This practice alert provides updated information on the availability of PD and resources for requesting PD.
CA5 Grants Partial Stay on Preliminary Injunction of Biden’s Enforcement Priorities Memos
The court granted a stay of the preliminary injunction pending appeal to allow DHS/ICE to rely on Biden’s enforcement priorities memos, in all respects, except for detained individuals subject to mandatory detention or ordered removed. (Texas, et al. v. United States, et al., 9/15/21)
We Know Litigation Works, But How Do You Get Started?
In this blog post, expert litigator and past AILA president Ron Klasko gives a few examples of cases that could benefit from litigation, and highlights the upcoming Federal Court Conference as a chance to learn skills to help your clients.
DHS OIG Releases Report on Violation of ICE Detention Standards at Otay Mesa Detention Center
DHS OIG conducted unannounced inspections of the Otay Mesa Detention Center to evaluate compliance with ICE detention standards and COVID-19 requirements. As standards were not met for grievances, staff-detainee communications, segregation, OIG made seven recommendations and ICE concurred with six.
DHS Releases Statement on Immigration Enforcement During Tropical Storm Nicholas
DHS announced it is monitoring Tropical Storm Nicholas, and absent extraordinary circumstances, immigration enforcement will not be conducted at locations where disaster and emergency relief related to this storm is being provided.
EOIR Provides Information on Model Hearing Program
EOIR updated their description of the Model Hearing Program (MHP) in Chapter 1.5 of Part V. The MHP is an educational program with the goals of improving the quality of advocacy before the immigration courts and increasing levels of pro bono representation for noncitizens in proceedings before EOIR.
CA3 Concludes That Petitioner’s Federal Conviction for Aggravated Identity Theft Is a CIMT
The court held that the petitioner’s conviction for aggravated identity theft in violation of 18 USC §1028A(a)(1) was a crime involving moral turpitude (CIMT) because it requires fraudulent intent, and thus, he was removable under INA §237(a)(2)(A)(ii). (Sasay v. Att’y Gen., 9/10/21)
CA9 Says California Conviction for Child Endangerment Is Not a “Crime of Child Abuse, Child Neglect, or Child Abandonment”
Granting the petition for review, the court held that felony child endangerment in violation of California Penal Code §273a(a) does not constitute a “crime of child abuse, child neglect, or child abandonment” within the meaning of INA §237(a)(2)(E)(i). (Diaz-Rodriguez v. Garland, 9/10/21)
CA9 Says IJ Provided Sufficient Safeguards During Removal Proceedings to Accommodate Petitioner’s Mental Illness
The court held that petitioner, a lawful permanent resident who had been found mentally incompetent, had received adequate safeguards in his removal proceedings, and had failed to exhaust his claim regarding the IJ’s “particularly serious crime” determination. (Benedicto v. Garland, 9/9/21)