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
Challenge to the Biden Administration’s Interim Enforcement Priorities Dismissed Without Prejudice
The district court denied Arizona and Montana’s request for preliminary injunction and dismissed the case without prejudice. (State of Arizona, et al., v. DHS, et al., 6/30/21)
BIA Finds IJs and the Board Lack Authority to Recognize the Equitable Defense of Laches in Removal Proceedings
The BIA found respondent did not submit sufficient objective evidence to support his fear of torture by the Rwandan government and that IJs and the Board lack the authority to recognize the equitable defense of laches in removal proceedings. Matter of O-R-E-, 28 I&N Dec. 330 (BIA 2021)
Practice Advisory: Strategies and Considerations in the Wake of Niz-Chavez v. Garland
National Immigration Project and AIC have updated their practice advisory, discussing the Supreme Court’s decisions in Niz-Chavez, Pereira, and Campos-Chaves. The advisory provides strategies for practitioners to consider in cases where the client’s NTA was defective.
CA7 Says Petitioner Forfeited Objection to Defect in NTA by Not Bringing It to Attention of IJ During Removal Proceeding
The court found that petitioner forfeited any objection to the deficiency in his Notice to Appear (NTA) by not timely raising it in the removal proceeding, and that he had not shown cause for forfeiture nor prejudice resulting from the defect in the NTA. (Mejia-Padilla v. Garland, 6/29/21)
Supreme Court Rules That Detained Noncitizens in Withholding-Only Proceedings Are Not Entitled to Individualized Bond Hearings
The U.S. Supreme Court held that INA §241, not INA §236, governs the detention of noncitizens subject to reinstated orders of removal, meaning that such noncitizens are not entitled to a bond hearing while they pursue withholding of removal. (Johnson, et al. v. Guzman Chavez, et al., 6/29/21)
CA4 Remands Claims for Asylum and Related Relief of 15-Year-Old Salvadoran Who Was Threatened by MS-13 Gang
On rehearing en banc, the court held that where a petitioner is a child at the time of the alleged persecution, IJs and the BIA must take the child’s age into account in analyzing past persecution and fear of future persecution for purposes of asylum. (Portillo-Flores v. Garland, 6/29/21)
CA1 Says BIA Erred in Not Considering Individualized Hardship When It Reversed IJ’s Grant of Adjustment Application
The court held that the BIA erred in reversing the IJ’s grant of petitioner’s adjustment of status application, finding that it was required to consider in an individualized manner the hardship he might suffer if he were required to return to El Salvador. (Perez-Trujillo v. Garland, 6/28/21)
CA7 Holds That Illinois Burglary Statute Is Not Divisible
The court held that the BIA erred by applying the modified categorical approach to determine that the petitioner’s two Illinois convictions for burglary were removable offenses under federal law, finding that the Illinois burglary statute is not divisible. (Parzych v. Garland, 6/28/21)
ICE and Detainees Reach Settlement Agreement over Implementation of COVID-19 Protocol
The district court released a proposed settlement agreement between ICE and detained immigrants at three detention centers in Florida, in which ICE agreed to implement certain COVID-19 vaccination guidelines and protocol, among other things. (Gayle, et al. v. Meade, et al., 6/28/21)
D.C. Circuit Affirms Dismissal of Claims by Detained Mothers and Children Challenging Credible Fear Regulations
The D.C. Circuit Court affirmed the district court’s determination that the IIRAIRA barred its review of 10 of the 11 alleged policies, because either the policy was unwritten or the challenges to it were untimely. (M.M.V., et al. v. Garland, et al., 6/18/21)
CA9 Remands Where IJ Failed to Consider Favorable Factors in Denying Voluntary Departure to Petitioner
The court held that the IJ had failed to evaluate the factors weighing in favor of granting voluntary departure to the petitioner, and thus granted in part the petition for review and remanded to the BIA. (Zamorano v. Garland, 6/25/21)
OPLA Miami Contact Sheet (June 2021)
OPLA Miami Contact Sheet as of June 2021, courtesy of AILA South Florida’s ICE OPLA Liaison Committee.
AILA Submits Amicus Brief on Rights to a Direct Appeal
AILA submitted an amicus brief in Solomonov v. Garland agreeing that a conviction does not become final for immigration purposes until any direct appeal has been concluded and urging the court to grant petitioner’s request for initial hearing en banc.
DOJ Issues Guidance Regarding Adjudication of Motions to Reopen in MPP Cases
DOJ issued guidance to all immigration court and BIA personnel with information regarding the adjudication of motions to reopen in Migrant Protection Protocols (MPP) cases.
CA7 Says BIA Erred by Requiring Petitioner to Show Prejudice from His Defective NTA
Where petitioner received a procedurally defective Notice to Appear (NTA) for his removal proceedings and made a timely objection, the court held that BIA erred in finding he was not entitled to relief unless he could demonstrate prejudice from the NTA. (Avila de la Rosa v. Garland, 6/24/21)
BIA Remands for IJ to Determine Qualification for “Simple Possession” Exception
The BIA sustained the appeal and remanded to allow the IJ to evaluate if the respondent qualifies for the “simple possession” exception to §245(h)(2)(B) under the circumstance-specific approach. Matter of Moradel, 28 I&N Dec. 310 (BIA 2021)
CA4 Upholds Asylum Denial to Honduran Petitioner Convicted of Unlawful Wounding in Virginia
The court held that petitioner was ineligible for asylum based upon his conviction for unlawful wounding in Virginia, and found that the BIA did not err in denying his claims for withholding of removal or Convention Against Torture (CAT) protection. (Moreno-Osorio v. Garland, 6/23/21)
DHS Announces Expanded Criteria for MPP-Enrolled Individuals Who Are Eligible for Processing into the United States
DHS announced that it will expand the pool of MPP-enrolled individuals who are eligible for processing into the United States. Beginning June 23, 2021, DHS will include MPP enrollees who had their cases terminated or were ordered removed in absentia.
OPLA Miami Scheduling, Attorney /Client Assignments (July 5 - 16, 2021)
OPLA Miami scheduling for all non-detained from July 5 to 16. These assignments were based upon dockets published by EOIR.
CA9 Finds Changed Country Conditions Exception Applies Where Personal Circumstances Changed in a Way Entirely Outside Petitioner’s Control
The court held that while a self-induced change in personal circumstances does not qualify for the changed country conditions exception, that principle does not apply when changed country circumstances, while personal to petitioner, are entirely outside her control. (Kaur v. Garland, 6/21/21)
D.C. Circuit Affirms Dismissal of Most Claims Brought by Detained Mothers and Children Challenging Credible Fear Regulations
The court affirmed the district court’s conclusion that the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) barred its review of 10 of 11 alleged policies, because the policy was unwritten or challenges to it were untimely. (M.M.V., et al. v. Garland, et al., 6/18/21)
CA11 Finds BIA Failed to Properly Reconsider Discretionary Denial of Asylum Under 8 CFR §1208.16(e)
The court held that when an applicant is discretionarily denied asylum but granted withholding of removal and the IJ fails to reconsider its discretionary denial of asylum, the BIA must remand for the IJ to conduct this required reconsideration. (Thamotar v. Att’y Gen., 6/17/21)
CA3 Upholds BIA’s Denial of Motion to Reopen CAT Claim Based on Changed Country Circumstances in Jamaica
The court found that the BIA did not abuse its discretion in dismissing petitioner’s motion to reopen as untimely, finding that her motion did not contain any evidence that Jamaican officials would likely acquiesce to her torture if she were returned to Jamaica. (Darby v. Att’y Gen., 6/17/21)
DOJ Issues Memo on the Impact of Attorney General Decisions in Matter of L-E-A- and Matter of A-B-
DOJ issued a memo to the Civil Division’s Office of Immigration Litigation on the impact of Attorney General Merrick Garland’s vacation of Matter of L-E-A- (L-E-A- II), Matter of A-B- (A-B- I), and Matter of A-B- II).
Justice Campaign Provides Samples, Templates, and More for Detained Removal Defense Practitioners
The Immigration Justice Campaign has created and gathered materials to support detained removal defense work. On this page you will find samples, templates, and other practice materials that may be of use in representing detained clients.