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 Remands Mexican Petitioner's CAT Claim Where BIA Failed to Consider Expert Testimony and Country Conditions
The court held that the BIA failed to give reasoned consideration to extensive expert testimony and country-conditions evidence regarding the risk of torture to the Mexican petitioner, and thus remanded petitioner’s Convention Against Torture (CAT) claim. (Uc Encarnacion v. Bondi, 9/30/25)
DOJ Publishes FY 2026 Shutdown Contingency Plan
DOJ published a contingency plan for DOJ operations in case of a lapse in appropriations. For EOIR, the plan states that cases “involving detained respondents” will move forward during the shutdown. It does not address non-detained dockets.
CA10 Remands Where BIA Incorrectly Treated Petitioner’s Asylum Appeal as Waived
The court denied the petition for review as to cancellation of removal, but found that the BIA abused its discretion by treating the petitioner’s asylum appeal as waived, and thus remanded for the BIA to address the merits of the petitioner’s asylum appeal. (Rangel-Fuentes v. Bondi, 9/29/25)
BIA Holds That Perceived PSG Membership Requires Cognizable Underlying Group
The BIA held that perceived or imputed membership in a proposed particular social group (PSG) will only satisfy PSG requirements if the underlying group of which respondent is perceived to be a member is, standing alone, sufficiently cognizable. Matter of L–A–L–T–, 29 I&N Dec. 269 (BIA 2025)
EOIR Policy Memo (PM 25-51) Withdrawing Email on Motions to Dismiss or Terminate
EOIR Acting Director Roman Chaban released a Policy Memorandum (PM 25-51) withdrawing a 5/30/25 email from an Acting Regional Deputy Chief Immigration Judge providing guidance on adjudicating motions to dismiss or terminate.
CA1 Dismisses Asylum Claim and Upholds Denial of Withholding and CAT Protection as to Guatemalan Petitioner
The court dismissed petitioner’s asylum claim for lack of jurisdiction under INA §208(a)(2)(D) and upheld the BIA’s denial of withholding of removal and Convention Against Torture (CAT) relief as to petitioner, who was threatened by hooded men in Guatemala. (Zapet-Alvarado v. Bondi, 9/22/25)
CA1 Finds That BIA Abused Its Discretion by Failing to Explain Reason for Denial of Late-Filed Brief
The court held that the BIA’s lack of explanation as to why it decided not to exercise its discretion to accept the petitioner’s late-filed brief after the petitioner presented a plausible reason for the brief’s untimeliness warranted a remand. (López-Gómez v. Bondi, 9/22/25)
BIA Finds Respondent Failed to Show He Was Not a Danger to Community in Bond Proceedings
The BIA held that the respondent had not satisfied his burden of demonstrating that he was not a danger to the community given his inappropriate behavior with his stepdaughter and his criminal convictions for DUI and disturbing the peace. Matter of Dubon Miranda, 29 I&N Dec. 335 (BIA 2025)
BIA Reverses Grant of CAT Deferral as to Applicant Who Cooperated with U.S. Law Enforcement Against Drug Cartel
The BIA found the applicant, who cooperated with law enforcement against CJNG, did not show a clear probability of torture, where his fear was based on unsubstantiated statements from a coconspirator and generalized evidence of cartel violence. Matter of J–C–A–G–, 29 I&N Dec. 331 (BIA 2025)
CA6 Upholds BIA’s Denial of Third Motion to Reopen and Refusal to Reopen Sua Sponte as to Honduran Petitioner
The court upheld the BIA’s denial of the petitioner’s third motion to reopen, rejecting her notice and jurisdictional arguments and finding no abuse of discretion or legal error in the BIA’s refusal to reopen sua sponte. (Vargas-Rodriguez v. Bondi, 9/19/25)
Practice Alert: New EOIR memo outlining court performance standards and priorities
EOIR releases a memo clarifying standard case priorities and releases a new set of court-specific performance standards. The memo states that there will not be a return to individual judge quotas for the time being.
CA1 Remands Where BIA Failed to Address Petitioner’s Risk of Torture by Low-Level Haitian Officials under CAT
The court held that the BIA failed to address the petitioner’s Convention Against Torture (CAT) claim insofar as he based the claim on the risk that lower-level government officials in Haiti would torture him while he was held in a detention facility or prison. (Fleurimond v. Bondi, 9/18/25)
CA6 Upholds Denial of Motion to Reopen After Finding Petitioner Was Ineligible for Rescission or Cancellation
The court held that the BIA did not abuse its discretion in denying the petitioner’s motion to reopen, concluding that the petitioner was not eligible for rescission under INA§240(b)(5)(C)(ii) and that he was not entitled to cancellation of removal. (Guzman-Torralva v. Bondi, 9/17/25)
Twelve Senators on Armed Services Committee Demand Answers from DOD on JAG Corps Members Serving as IJs
Sen. Mazie Hirono (D-HI) led 11 members of the Senate Armed Services Committee in a letter to Department of Defense Judge Advocates General (JAG) Corps leadership expressing concern about the use of military lawyers as temporary immigration judges (IJs).
Rep. Jayapal Leads House Letter Expressing Concern over Military Lawyers Serving as IJs
Rep. Pramila Jayapal (D-WA) led three House members in a letter to Acting EOIR Director Sirce Owen expressing concern over doubling the number of immigration judges (IJs) and using military lawyers, without evidence that they have proper training or expertise to successfully carry out their duties.
BIA Vacates CAT Deferral Where Record Showed Only Generalized Prison Conditions and Gang Violence in Haiti
The BIA held that the IJ erred in granting the respondent deferral of removal under the CAT where the record contained anecdotal reports of bribery in Haitian prisons and generalized violence by gangs against travelers or outsiders. Matter of W–F–, 29 I&N Dec. 319 (BIA 2025)
EOIR Policy Memo (PM 25-49) on Clerical Transfers of Bond Redetermination Requests
EOIR Acting Director Sirce E. Owen released a policy memo (PM 25-49) to provide guidance on clerical transfers of bond redetermination requests.
EOIR Policy Memo (PM 25-50) on OCAHO Case Completion Goals
EOIR Acting Director Sirce E. Owen released a policy memo (PM 25-50) to re-establish case completion goals for the Office of the Chief Administrative Hearing Officer (OCAHO).
EOIR Policy Memo (PM 25-47) on Case Priorities and Immigration Court Performance Measures
EOIR Acting Director Sirce E. Owen released a policy memo (PM 25-47) to clarify and reaffirm EOIR case priorities and performance measures. This PM supersedes and replaces the 1/17/18 Case Priorities and Immigration Court Performance Measures memo and supplements both PM 19-13 and PM 20-07.
EOIR Policy Memo (PM 25-46) on Notice of Hearings
EOIR Acting Director released a policy memo (PM 25-46) setting forth EOIR procedures for providing a notice of hearings to an individual in removal proceedings after a Notice to Appear is issued. The PM cancels and replaces OPPM 97-2, Notices of Immigration Judge Hearings.
EOIR Policy Memorandum (PM 25-48) on EOIR Stakeholder Engagement
EOIR Acting Director Sirce E. Owen released a policy memorandum (PM 25-48) to establish clear guidance for productive stakeholder engagement.
CA5 Holds That INA’s Number Bar on Motions to Reopen Is Not Subject to Equitable Tolling
The court held that equitable tolling is unavailable to the INA’s numerical limit on motions to reopen at INA §240(c)(7)(A), and thus found that the BIA did not err in denying the petitioner’s second motion to reopen. (Garcia Morin v. Bondi, 9/12/25)
DOJ Notice of Withdrawal of 54 Rulemaking Actions
DOJ notice that it is withdrawing 16 Notices of Proposed Rulemaking, Advance Notices of Proposed Rulemaking, and Supplemental Notices of Proposed Rulemaking; as well as 38 other previously announced regulatory actions. These include 16 EOIR items. (90 FR 43948, 9/11/25.)
BIA Holds That IJs May Pretermit Asylum and Related Applications That Do Not Establish Prima Facie Eligibility
The BIA held that if factual allegations in a claim for asylum, withholding, or CAT protection, viewed in the light most favorable to respondent, do not prove prima facie eligibility for relief or protection, an IJ may pretermit the applications. Matter of H—A—A—V—, 29 I&N Dec. 233 (BIA 2025)
BIA Holds That IJs Lack Authority to Hear Bond Requests or Grant Bond to Noncitizens Present Without Admission
The BIA held that, based on the plain language of INA §235(b)(2)(A), IJs lack authority to hear bond requests or to grant bond to noncitizens who are present in the United States without admission. Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025)