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CA9 Concludes IJ’s Finding That Petitioner Was Not a Christian Was Unsupported by Substantial Evidence (Withdrawn)
The court held that the law-of-the-case doctrine did not require it to accept a prior panel’s determination that the petitioner was not a Christian, and found he was not required to reattach his application for relief to his motion to reopen. (Etemadi v. Garland, 9/9/21, withdrawn 6/23/22)
CA11 Holds That Petitioner’s Two Simple Battery Convictions in Georgia Qualified as Aggravated Felonies Under the INA
The court concluded that each of the petitioner’s two Georgia convictions for simple battery under OCGA Section 16-5-23 was “a crime of violence … for which the term of imprisonment [was] at least one year” within the meaning of INA §101(a)(43)(F). (Talamantes-Enriquez v. Att’y Gen., 9/9/21)
CA11 Finds Petitioner Failed to Preserve Whether His Defective NTA Violated BIA’s Claim-Processing Rules
The court held that petitioner had failed to preserve whether his defective Notice to Appear (NTA) violated BIA’s claim-processing rules, and found he was removable for his controlled substance conviction, or alternatively, his second-degree assault conviction. (Farah v. Att’y Gen., 9/8/21)
CA9 Holds That Single Factor Rule Conflicts with REAL ID Act of 2005
The en banc court overruled prior circuit precedents establishing and applying the single factor rule, which required the court to sustain an adverse credibility determination by the BIA if one of the agency’s identified grounds was supported by substantial evidence. (Alam v. Garland, 9/8/21)
CA9 Upholds BIA’s Refusal to Allow Petitioner to Seek Asylum in Light of Reinstatement of His Prior Removal Order
The court held that because the petitioner’s prior removal order was reinstated, he had no right under the INA to seek asylum and no constitutional right to have DHS consider whether, as a discretionary matter, to decline to reinstate that order. (Iraheta-Martinez v. Garland, 9/7/21)
CA2 Says Matter of Soram’s Holding Applies Retroactively to Render Petitioner Removable
The court concluded that the holding in the BIA’s 2010 decision in Matter of Soram applied retroactively to the petitioner’s 2006 New York conviction for child endangerment, and thus the petitioner was removable. (Marquez v. Garland, 9/7/21)
DHS OIG Releases Report on ICE’s Management of COVID-19
DHS OIG released a report on ICE’s management of COVID-19 in detention facilities, and whether the health and safety of staff and detainees was safeguarded. Finding insufficient testing and generally ineffective oversight, OIG made six recommendations for improvement and ICE concurred.
AILA Submits Amicus Brief to Supreme Court on Discretionary Relief
AILA submitted an amicus brief in Patel v. Garland urging the Supreme Court to reverse the decision of the Eleventh Circuit and find that all threshold eligibility determinations relating to the enumerated forms of relief in 8 U.S.C. § 1252(a)(2)(B)(i) are subject to judicial review.
Notice of New “DHS/OIDO–001 Office of the Immigration Detention Ombudsman” System of Records
DHS notice of a new system of records titled “DHS/Office of the Immigration Detention (OIDO)–001 Office of the Immigration Detention Ombudsman System of Records.” The new system is effective upon publication of the notice. Comments are due 10/4/21. (86 FR 49553, 9/3/21)
DHS Proposed Rule Exempting “DHS/OIDO–001 Office of the Immigration Detention Ombudsman” System of Records from Privacy Act
DHS notice of proposed rulemaking to exempt portions of the newly established “DHS/OIDO–001 Office of the Immigration Detention Ombudsman” system of records from certain provisions of the Privacy Act. Comments are due 10/4/21. (86 FR 49490, 9/3/21)
CA9 Says Peruvian Petitioner Failed to Show That His Parents Obtained a “Legal Separation” for Purposes of Derivative Citizenship
The court concluded that the petitioner had failed to present sufficient evidence to permit a rational trier of fact to find that his parents had obtained a “legal separation” as required for him to derive U.S. citizenship under former §321(a) of the INA. (Ghia v. Garland, 9/2/21)
CA3 Finds BIA Erred in Denying Motion to Reopen Where IJ Failed to Meaningfully Evaluate Whether Interpreter Was Needed
The court held that the petitioner, who spoke “Pidgin” English, was denied due process, because the IJ did not conduct an adequate initial evaluation of whether an interpreter was needed and took no action even after the language barrier became apparent. (B.C. v. Att’y Gen., 9/1/21)
CA9 Finds Substantial Evidence Supported Adverse Credibility Determination as to Salvadoran Petitioner Threatened by Gang
The court held that, in making an adverse credibility determination as to petitioner, the IJ was allowed to afford substantial weight to discrepancies associated with a threat by gang members and a report the petitioner procured and submitted to the IJ. (Rodriguez-Ramirez v. Garland, 9/1/21)
CA5 Says Evidence Did Not Compel Conclusion That Honduran Government Officials Would Acquiesce in Petitioner’s Torture
The court upheld the denial of Convention Against Torture (CAT) relief to the petitioner, finding that the evidence did not compel the conclusion that any torture by the MS-13 gang would occur with the consent or acquiescence of Honduran officials. (Tabora Gutierrez v. Garland, 8/31/21)
CA3 Finds Petitioner Who Was a Naturalized Citizen at Time of Criminal Conviction Cannot Be Removed Under Aggravated Felony Provision
The court held that, because the petitioner was a naturalized citizen at the time of his conviction for a felony relating to conspiracy to illicitly traffic controlled substances, he was not removable under INA §237(a)(2)(A)(iii)’s aggravated felony provision. (Singh v. Att’y Gen., 8/31/21)
GAO Releases Report on EOIR’s Management of Court Operations During the COVID-19 Pandemic
GAO reviewed EOIR’s management of court operations during the COVID-19 pandemic, and found that improvements are needed in guidance and stakeholder engagement for immigration courts. GAO made four recommendations, and EOIR concurred.
EOIR 60-Day Notice and Request for Comments on New Forms EOIR-60 and EOIR-61
EOIR 60-day notice and request for comments on new Forms EOIR-60, Notice of Entry of Limited Appearance for Document Assistance Before the Board of Immigration Appeals, and EOIR-61, Notice of Entry of Limited Appearance for Document Assistance Before the Immigration Court. (86 FR 48443, 8/30/21)
DHS Releases Statement on Safety and Immigration Enforcement During Hurricane Ida
DHS announced it is monitoring Hurricane Ida, and absent exceptional circumstances, immigration enforcement will not be conducted at locations where disaster and emergency relief related to this storm are being provided.
CA8 Rejects Petitioner’s Vagueness Challenge to INA §241(b)(3)(B)(ii)’s Non-Per-Se “Particularly Serious Crime” Term
Where the petitioner challenged as unconstitutionally vague INA §241(b)(3)(B)(ii)’s non-per-se “particularly serious crime” (PSC) term, the court found that the statute stands because its text imposes standards that must reference underlying facts. (Mumad v. Garland, 8/27/21)
CA9 Says BIA Erred in Applying Matter of Cortes Medina Retroactively to Classify Petitioner’s Conviction as a CIMT
The court held that the BIA erred in applying Matter of Cortes Medina retroactively to classify the petitioner’s 2011 conviction for indecent exposure under California Penal Code section 314.1 as a crime involving moral turpitude (CIMT). (Reyes Afanador v. Garland, 8/27/21)
ICE Provides Central Location for Attorney Information and Resources for Detainees
ICE provides a resource page developed to promote awareness regarding existing legal access initiatives and programs, as well as provide answers to frequently asked questions regarding legal representation and resources.
CA9 Holds That Noncitizens at Reasonable Fear Hearings Before an IJ Are Statutorily Entitled to Counsel
The court held that noncitizens whose removal orders have been reinstated are statutorily entitled to counsel at their reasonable fear hearings before an IJ, but this entitlement is cabined by 8 CFR §208.31(g)’s temporal limitations on IJ review hearings. (Orozco-Lopez v. Garland, 8/25/21)
CA5 Extends Stay on Preliminary Injunction on Biden Enforcement Memos Indefinitely
The court extended the district court stay on the preliminary injunction on the Biden immigration enforcement memos indefinitely. (Texas, et al., v. USA, et al., 8/25/21)
CA2 Holds That BIA Did Not Err in Finding That Asylum Applicant Could Safely and Reasonably Relocate Within India
The court upheld the BIA’s denial of asylum to petitioner, concluding that the agency properly determined that he could safely relocate within India to avoid the possibility of future persecution or torture and that it would be reasonable to expect him to do so. (Singh v. Garland, 8/25/21)
Practice Alert: Proposed Rule to Change Asylum Processing for Individuals in Expedited Removal
AILA’s Asylum & Refugee Committee provides a summary of what’s inside EOIR/DHS’s 8/20/21 NPRM and what changes may be coming to the credible fear interview process.