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
ICE Issues Memo Providing Interim Guidance on Civil Immigration Enforcement Actions in or near Courthouses
Acting ICE Director Caleb Vitello issued a memo (ICE Directive 11072.3) providing interim guidance on civil immigration enforcement actions in or near courthouses. The guidance is effective immediately and remains in effect until superseded.
President Trump's America First Priorities Announced
The Trump Administration has released it's first set of priorities, among them, the "Make America Safe Again," which include immigration-related priorities. Among these are, reinstating Remain in Mexico policies and deportation operations, among others.
Enforcement Actions in or Near Protected Areas
This is an unpublished ICE memo rescinding a Secretary Mayorkas October 27, 2021 guidance. The rescission was referenced in a January 21, 2025 DHS press release.
BIA Holds That Respondent’s Evidence Did Not Show His Conviction Was Vacated for Procedural or Substantive Defect
The BIA held that evidence of post-conviction relief under California law respondent submitted with his motion to remand did not show his conviction was vacated for a procedural or substantive defect in the underlying criminal proceedings. Matter of De Jesus-Platon, 29 I&N Dec. 7 (BIA 2025)
BIA Holds That Parties Properly Served with Electronic Notice of Briefing Schedule Must Actively Monitor Inbox, Including Spam Folder
The BIA held that a representative’s failure to diligently monitor the inbox, including the spam folder, of the email address on record with EOIR does not excuse a party’s failure to comply with briefing deadlines. Matter of Arciniegas-Patino, et al., 28 I&N Dec. 883 (BIA 2025)
The Basics of Motions to Reopen EOIR-Issued Removal Orders
The American Immigration Council and the National Immigration Litigation Alliance provide this practice advisory with a basic overview of motions to reopen removal orders that are filed by EOIR.
Practice Pointer: Filing Form G-28 for Individuals in Detention
Given recent technological updates, AILA’s National ICE Committee provides this practice pointer on options for Filing Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative) for detained individuals.
AILA's ICE Liaison Committee Meets with ICE
Official meeting minutes of AILA’s ICE National Committee November 21, 2024 liaison engagement with ICE headquarters leadership, including personnel from the Office of the Principal Legal Advisor (OPLA) and Enforcement & Removal Operations (ERO).
Key Takeaways: Preparing for Removal Defense in the Trump Administration: AILA Town Hall Roundtable
AILA's video roundtable discussed removal defense under the Trump Administration, stressing proactive strategies, prioritizing high-risk cases, and staying updated on policy changes to effectively represent and protect clients amid shifting immigration policies.
Practice Alert: Petitions of Writs of Habeas Corpus for Immigration Cases
AILA highlights the recent NILA advisory discussing the possibility of habeas writs being used for immigration cases that are unable to access existing statutory judicial review, or a new enforcement action not covered by § 242 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1252.
Client Flyers
AILA offers concise educational flyers for members to share with their clients or prospective clients to inform them about a wide range of pertinent immigration law issues. Customizable versions are available.
CA1 Upholds Asylum Denial as to Ecuadorian Petitioner Who Was Attacked at Soccer Game and Denied Medical Care
The court upheld the BIA’s conclusion that the Ecuadorian petitioner had failed to establish a nexus between his attack at a soccer game and any protected ground for asylum, and had not shown a well-founded or reasonable fear of future persecution. (Vargas Panchi, et al. v. Garland, 1/13/25)
CA6 Upholds Asylum Denial as to Guatemalan Petitioner Threatened by Gang Members Who Extorted Him for Money
Where the petitioner had been extorted for money by suspected gang members in Guatemala, the court upheld the BIA’s and IJ’s determination that the petitioner’s particular social group (PSG)—“people afraid of gangs in Guatemala”—was not legally cognizable. (Mateo-Esteban v. Garland, 1/13/25)
CA3 Holds That Petitioner’s Fleeing-or-Eluding Convictions in Pennsylvania Did Not Qualify as CIMTs
The court held that one of the felony subsections of the Pennsylvania fleeing-or-eluding statute under which the petitioner had been convicted did not necessarily involve moral turpitude, and thus did not qualify as a crime involving moral turpitude (CIMT). (Ndungu v. Att’y Gen., 1/13/25)
CA9 Holds That Petitioner’s Conviction in California for Dissuading a Witness by Force or Threat Was an Aggravated Felony
The court found that the petitioner’s conviction under California Penal Code (CPC) §136.1(c)(1) for dissuading a witness by force or threat was a categorical match to the generic federal offense of an aggravated felony relating to obstruction of justice. (Godoy-Aguilar v. Garland, 1/13/25)
AILA Files Stories Amicus Brief Urging the U.S. Supreme Court to Allow Judicial Review of “Withholding-Only” Cases
AILA urges the U.S. Supreme Court to reverse the Fourth Circuit’s decision foreclosing a noncitizen from obtaining judicial review of the Board of Immigration Appeals’ (BIA) decision in a withholding-only proceeding.
ICE Fact Sheet on Facilitating Visitation for Parents in ICE Custody and Minor Children
ICE provided a fact sheet on what to do if a parent is in ICE custody and visitation is being arranged either in person or remotely.
ICE Contact Information for Detention Facilities
ICE provides contact information for each of its detention facilities.
AILA Urges Senators to Vote No on Laken Riley Act
AILA submitted a recommendation to senators that they vote no on the Laken Riley Act. AILA sent a similar vote recommendation to representatives.
DHS Final Rule on Immigration Bond Notifications
DHS final rule amending the regulations to authorize ICE to serve bond-related notices to obligors electronically. The final rule made no substantive changes from the 2023 interim final rule. The final rule is effective on 1/6/25. (90 FR 535, 1/6/25)
Practice Alert: Final Rule Issued Authorizing Service of Bond-Related Notices Electronically to Obligors
On January 6, 2025, DHS published the final rule to authorize ICE to serve bond-related notices electronically to obligors who consent to electronic delivery of service. The updated regulations can be found at 8 CFR §103.6(g-h). Read this practice alert for more information.
CA7 Finds It Lacked Jurisdiction to Consider Agency’s Discretionary Decision-Making in Denying Adjustment of Status
Dismissing the petition for review, the court held that both the IJ and the BIA properly considered and weighed the factors the petitioner presented in mitigation in denying her adjustment of status, and that the BIA applied the proper standard of review. (Zarzecki v. Garland, 1/3/25)
Client Flyer: What Is a Notice to Appear?
AILA provides a simple flyer to help your clients understand the basics of a Notice to Appear (NTA). There is a generic PDF version and a customizable Word version. Please share widely with your networks.
DHS Final Rule on Civil Monetary Penalty Adjustments for Inflation
DHS final rule on civil monetary penalty adjustments for inflation, including the assessment of civil monetary penalties for certain employment-related violations arising from the INA during 2025. Effective as of 1/2/25. (90 FR 1, 1/2/25)
CA1 Upholds Asylum Denial as to Brazilian Petitioners Who Feared Persecution on Account of Their Family Membership and Political Opinion
The court held that the Brazilian petitioners had failed to show a well-founded fear of persecution based on either their membership in a particular social group (PSG) consisting of “the Rodrigues family” or based on their political opinion. (Reginaldo Rodrigues, et al. v. Garland, 12/27/24)