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
CA4 Holds New Jersey Conviction for Storing Child Sexual Abuse Material on a File-Sharing Program Was Categorically a Crime of Child Abuse
The court denied and dismissed in part the petition for review, holding that petitioner’s New Jersey conviction for knowingly storing child sexual abuse material on a file-sharing program categorically qualified as a crime of child abuse under INA §237(a)(2)(E)(i). (Uddin v. Blanche, 6/5/26)
BIA Holds That “Social Distinction” Element of a PSG Must Generally Be Measured on a Countrywide Basis
The BIA held that the “social distinction” element of a particular social group (PSG) must generally be measured on a countrywide basis, rather than from the perspective of a neighborhood or other limited geographic location within a country. Matter of S–E–M–Z–, 29 I&N Dec. 680 (BIA 2026)
BIA Holds That Respondent’s Federal Health Care Fraud Conviction Was for a Particularly Serious Crime
The BIA dismissed the respondent’s appeal, holding that his conviction for health care fraud under 18 USC §1347 was for a particularly serious crime barring asylum and withholding of removal, and affirming the denial of CAT protection. Matter of J–O–A–, 29 I&N Dec. 672 (BIA 2026)
BIA Finds Respondent Not Credible and Ineligible for Asylum, Withholding, and CAT Due to Inconsistencies Related to Identity
The BIA held the IJ properly found the respondent was not credible, and ultimately ineligible for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), due to various inconsistencies related to his identity. Matter of I–S–M–, 29 I&N Dec. 811 (BIA 2026)
CA1 Vacates Orders for Failing to State with Sufficient Particularity Whether BIA Addressed Imputed-Mungiki Persecution Arguments
The court held that the BIA’s orders dismissing the petitioner’s appeal did not state with sufficient particularity their basis for rejecting his arguments that Kenyan police would persecute him as a presumed Mungiki based on his family status or Kikuyu ethnicity. (Muchiri v. Blanche, 6/3/26)
Vote Recommendation: AILA Urges Congress to Vote NO on the FY26 Budget Reconciliation Bill
On 6/3/26, AILA sent a vote recommendation to Congress urging it to not provide ICE and Border Patrol an additional $70 billion in funding through the FY26 Budget Reconciliation bill.
NJ Spotlight News: ‘Black box’: Trump Administration Moves to Wipe Out ICE Watchdog
The Administration’s latest budget request to Congress would cut all funding and staff for the Office of the Immigration Detention Ombudsman. AILA Senior Director of Government Relations Greg Chen emphasized that as the detained population has exploded, DHS oversight agencies are being wiped out.
AILA Statement Submitted to House Judiciary Committee: Oppose H.R. 175 “Deport Alien Gang Members Act”
On 6/2/26, AILA submitted a statement to the House Judiciary Committee opposing H.R. 175, the “Deport Alien Gang Members Act.” The statement highlights that instead of improving public safety, the bill would result in ICE targeting people with no gang ties who pose no threat to public safety.
BIA Holds That Prior UAC Designation and Approved SIJ Petition Do Not Give IJs Bond Authority over Applicants for Admission
The BIA held that neither a previous designation as an unaccompanied child (UAC) nor an approved special immigrant juvenile (SIJ) petition gives an IJ authority to redetermine the custody status of a noncitizen who has not been admitted. Matter of N–A–G–C–, 29 I&N Dec. 662 (BIA 2026)
CA10 Holds Detention, Pro Se Status, and Limited Resources Were Not Extraordinary Circumstances Warranting Equitable Tolling
The court upheld the BIA’s denial of the motion to reopen as untimely, holding that the petitioner’s lack of counsel and limited resources while detained were not extraordinary circumstances warranting equitable tolling. (Bonilla-Espinoza v. Blanche, 6/1/26)
CA7 Holds Illinois Battery Conviction Against Family Members Is a Crime of Domestic Violence and Sanctions Counsel for AI-Hallucinated Briefs
The court held that the petitioner’s conviction in Illinois for battery against his mother and siblings was a crime of domestic violence barring cancellation of removal, and sanctioned counsel for signing and submitting briefs containing AI hallucinations. (Perez-Castillo v. Blanche, 6/1/26)
CA4 Holds That BIA Reversibly Erred by Treating Petitioner’s “Salvadoran Women” Social Group as Raised for the First Time on Appeal
The court held the BIA reversibly erred by treating petitioner’s “Salvadoran women” particular social group (PSG) as raised for the first time on appeal and declining to reach its merits, requiring remand, while denying her remaining asylum and CAT claims. (Alvarado-Paz v. Blanche, 6/1/26)
BIA Holds That Harm Suffered While a Minor Is Not Necessarily Persecution and Pattern or Practice Claims Require an Objective Showing
The BIA held that harm suffered while a minor does not necessarily constitute persecution, and a pattern or practice withholding claim still requires an objective showing of a clear probability of persecution and has no subjective component. Matter of I–U–V–, 29 I&N Dec. 816 (BIA 2026)
CA6 Holds Government’s Cross-Examination Satisfied Opportunity to Explain Missing Corroboration and Upholds Denial of Cancellation
The court held that cross-examination by government counsel gave the petitioner an adequate opportunity to explain his missing corroboration, and that he did not show the required hardship for cancellation of removal purposes. (Nwosu v. Blanche, 5/29/26)
CA8 Upholds Denial of Cancellation Under Where Petitioner’s U.S.-Citizen Children Would Retain Family Support
The court held the Guatemalan petitioner had no liberty interest in the discretionary relief of cancellation of removal and that substantial evidence supported the BIA’s finding of no exceptional and extremely unusual hardship to her U.S.-citizen children. (Lopez-Vasquez v. Blanche, 5/29/26)
CA1 Holds That BIA Abused Its Discretion in Denying Motion to Reopen Where Counsel Failed to File Brief and IJ Failed to Develop Record
The court held that the BIA abused its discretion in denying the motion to reopen based on ineffective assistance where it gave no explanation for finding noncompliance with Lozada and overlooked an argument that the IJ failed to develop the record. (Buckley v. Blanche, 5/29/26)
CA3 Holds It Has Jurisdiction to Review Withholding and CAT Denials Absent a Challenge to a Final Order of Removal
The court held it has jurisdiction under INA §242(a)(1) to review withholding and CAT denials absent a challenge to a final order of removal, denied the petitioner’s CAT claim as speculative, and left the withholding denial intact by an equally divided court. (Laureano v. Att’y Gen., 5/29/26)
EOIR Policy Memorandum (PM) on Cancellation of PMs 21-17, 21-19, 21-20, 21-21, and 21-22
EOIR Director Daren K. Margolin issued policy memorandum (PM) 26-05 cancelling PMs 21-17, 21-19, 21-20, 21-21, and 21-22, all of which cancelled earlier policy memoranda. However, this memorandum does not reinstate those earlier policy memoranda.
CA1 Upholds Cancellation Denial After Finding Medical and Mental Health Conditions Did Not Establish Exceptional and Extremely Unusual Hardship
The court held that the agency did not err in denying cancellation where petitioner failed to show exceptional and extremely unusual hardship to his two U.S. citizen daughters, one with anxiety and sleepwalking issues and the other with eye conditions. (Argueta Castillo v. Blanche, 5/27/26)
BIA Holds That Government’s Deference to Tribal Conflict-Resolution Mechanisms Does Not Show It Is Unable or Unwilling to Control Persecutors
The BIA held that although a government may generally defer to tribal mechanisms for resolving tribal conflict, doing so does not indicate the government is unable or unwilling to control persecutors within a tribe. Matter of A–H–D–, 29 I&N Dec. 642 (BIA 2026)
CA2 Remands Where BIA Failed to Make But-For Eligibility Determination Before Applying Material Support Bar
The court held that the BIA must determine whether a petitioner would be eligible for asylum or withholding of removal but for the material support bar, because USCIS will not consider granting a waiver absent such a determination. (Sufiyan v. Blanche, 3/12/26, amended 5/26/26)
EOIR Policy Memorandum (PM) 26-04 Canceling PM 20-16, PM 20-06, and DM 22-08
EOIR Director Daren Margolin issued policy memorandum (PM) 26-04 canceling PM 20-16, OCAHO Settlement Officer Program; PM 20-06, Section 7611 of the National Defense Authorization Act of 2020, Public Law 116-92; and director’s memorandum (DM) 22-08, The Asylum Procedures Rule.
BIA Holds That “Mexican Men with Schizoaffective Disorder" Is Not a Cognizable PSG
The BIA held that the group "Mexican men with Schizoaffective Disorder," defined only by such diagnosis, is not cognizable as a particular social group (PSG) under the INA. Matter of L–A–D–, 29 I&N Dec. 634 (BIA 2026)
EOIR Announces Investiture of 77 Immigration Judges and 5 Temporary Immigration Judges
EOIR announced the swearing in of 77 immigration judges and 5 temporary immigration judges to serve in immigration courts across the United States. This is the largest class of new adjudicators in the agency's history.
BIA Holds That Respondent’s Pennsylvania Drug Conviction Was a Particularly Serious Crime Barring Asylum and Withholding
The BIA held that the respondent’s conviction for possession with intent to deliver a controlled substance was a particularly serious crime barring asylum and withholding, and affirmed the denial of CAT deferral absent public official acquiescence. Matter of G–L–C–, 29 I&N Dec. 717 (BIA 2026)