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
Elected Officials from California Urge President Biden to Expand Federally Funded Legal Representation Programs
Twenty-nine California state senators and assembly members sent a letter to President Biden urging the expansion of federal programs and funding to provide legal representation and related services for individuals who face federal immigration court removal proceedings without the advice of counsel.
CA8 Says “Serious Reasons for Believing” Standard Under INA §208(b)(2)(A)(iii) Requires a Finding of Probable Cause
Where BIA had denied asylum to petitioner based on a finding that serious reasons exist to believe he committed a serious nonpolitical crime, the court held that the “serious reasons for believing” standard requires a finding of probable cause. (Barahona v. Garland, 2/3/21, amended 4/15/21)
CRS Releases Report on DACA by the Numbers
CRS released a report providing data on DACA, including estimates of the DACA-eligible and DACA-recipient population as well as information on the socioeconomic characteristics of DACA recipients. The report also includes information on DACA recipients who have become lawful permanent residents.
CA8 Concludes That Petitioner Was Barred from Cancellation of Removal Based on His Iowa Conviction for Possessing Marijuana
The court held that the BIA did not err in determining that petitioner’s Iowa conviction for possession of a controlled substance disqualified him from relief in the form of cancellation of removal, because the Iowa statute is divisible as to marijuana offenses. (Arroyo v. Garland, 4/14/21)
BIA Says IJs May Rely on Material Misrepresentation Before USCIS in Assessing Inadmissibility Under INA §212(A)(6)(C)(i) for Purposes of Adjustment of
The BIA ruled that an IJ may rely on material misrepresentation during an interview before USCIS to remove the conditional basis of permanent residence in assessing inadmissibility under INA §212(A)(6)(C)(i) for purposes of adjustment of status. Matter of Mensah, 28 I&N Dec. 288 (BIA 2021)
CA9 Concludes IJ’s Adverse Reasonable Fear of Torture Determination Was Not Supported by Substantial Evidence
Granting the petition for review and remanding, the court held that the IJ’s decision to affirm the asylum officer’s adverse reasonable fear of torture determination as to the Honduran petitioner was not supported by substantial evidence. (Alvarado-Herrera v. Garland, 4/13/21)
South Florida WebEx EOIR Stakeholders’ Meeting Notes (4/13/21)
Notes from the WebEx EOIR stakeholders’ meeting on April 13, 2021.
ERO Miami Contact List (April 2021)
Contact information for ERO Miami updated as of April 2021.
AILA Submits Amicus Brief on Materiality of Evidence of Changed Country Conditions
AILA submitted an amicus brief in the first circuit arguing that the court should adopt a “logical connection” test as the proper analysis for materiality of evidence of changed country conditions in the context of a motion to reopen. The brief also discusses the prima facie eligibility requirement.
BIA Rules Applicant Seeking Withholding Is Not Limited to Seeking Withholding from Country of Prior Removal
The BIA ruled that an applicant may seek withholding of removal from a country even if that country is different from the country of removal originally designated in the reinstated removal order on which the withholding-only proceedings are based. Matter of A-S-M-, 28 I&N Dec. 282 (BIA 2021)
CA8 Upholds Denial of Asylum to Somali Petitioner Who Was a Member of a Minority Islamic Sect
The court held that the petitioner was removable because his Minnesota conviction for possession of khat related to a federal controlled substance pursuant to INA §237(a)(2)(B)(i), and found that the petitioner had failed to prove that he was entitled to asylum. (Ahmed v. Garland, 4/8/21)
CA11 Says BIA Failed to Provide Reasoned Consideration of Petitioner’s Evidence of His Fear of Future Persecution in Cuba
The court held that the IJ and the BIA failed to provide reasoned consideration of the petitioner’s evidence of his well-founded fear of future persecution based on a pattern or practice of persecution toward dissident journalists in Cuba. (Martinez v. Att’y Gen., 4/7/21)
CA1 Upholds Denial of Withholding of Removal to Petitioner Who Claimed He Was Persecuted on Account of Religious Affiliation
The court upheld the BIA’s determination that the central reason for the Salvadoran petitioner’s claimed harm was his unwillingness to join the MS-13 gang—not his Christian faith or his faith-related activities. (Sánchez-Vásquez v. Garland, 4/7/21)
Department of the Treasury Notice on Interest Rates for Immigration Bonds
Department of the Treasury notice that for the period beginning 4/1/21 and ending 6/30/21, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.05 per centum per annum. (86 FR 17887, 4/6/21)
CA1 Upholds Denial of Motion to Reopen Filed a Decade After Petitioner’s Cancellation Application Was Denied
The court held that the BIA did not abuse its discretion in denying the petitioner’s motion to reopen filed nearly 11 years after the denial of his cancellation of removal application, finding that he did not show that equitable tolling was warranted. (Quiroa-Motta v. Garland, 4/6/21)
CA9 Holds That a Conviction for First-Degree Burglary of a Dwelling in Oregon Is a CIMT
The court held that the BIA permissibly found that first-degree burglary of a dwelling under Oregon Revised Statutes §164.225 is a crime involving moral turpitude (CIMT), and thus that petitioner’s conviction made him ineligible for cancellation of removal. (Diaz-Flores v. Garland, 4/6/21)
CA11 Holds That Florida Felon-in-Possession Conviction Is Categorically an Aggravated Felony
The court held that a Florida conviction for being a felon in possession of a firearm is categorically an aggravated felony under INA §101(a)(43)(E)(ii), and thus found the petitioner to be removable based on his conviction under the Florida statute. (Aspilaire v. Att’y Gen., 4/6/21)
CA9 Reverses BIA’s Denial of Asylum to Petitioner Who Was Targeted on Account of Her Feminist Political Opinion
Granting the petition for review of the BIA’s decision reversing an IJ’s grant of asylum, the court held that evidence compelled the conclusion that petitioner had established a nexus between her mistreatment in Mexico and her feminist political opinion. (Rodriguez Tornes v. Garland, 4/5/21)
CA10 Finds That Mother and Son Targeted by MS-13 Gang Were Not Persecuted on Account of Membership in Son’s Immediate Family
Denying the petition for review, the court held that the BIA properly found that petitioners, a mother and her son, were not persecuted “on account of” their alleged membership in a particular social group (PSG) consisting of the son’s immediate family. (Orellana-Recinos v. Garland, 4/5/21)
AILA and Partners Submit Amicus Brief Arguing BIA Erred in Rejecting Proposed Social Group of “Salvadoran Women”
AILA and partners submitted an amicus brief in the Fourth Circuit arguing that the BIA erred when it categorically rejected the social group of Salvadoran women, and that the court should correct the Board’s error and vacate its decision.
EOIR Cancels Policy Memo 21-05 on Enhanced Case Flow Processing
In light of the issuance of Policy Memorandum 21-18, which provides an updated case flow processing model for the immigration courts, EOIR issued Policy Memorandum 21-17 rescinding and cancelling Policy Memorandum 21-05, Enhanced Case Flow Processing in Removal Proceedings.
EOIR Issues Policy Memo Revising Case Flow Processing Before the Immigration Courts
EOIR issued a policy memo (PM 21-18) implementing a revised case flow processing model for certain non-detained cases with representation in immigration courts. EOIR concurrently cancelled PM 21-05. The memo is effective April 2, 2021.
USCIS Confirms Elimination of “Blank Space” Criteria
USCIS confirmed that it will no longer reject Form I-589, Form I-612, or Form I-918 if an applicant leaves a blank space. USCIS stated that it has reverted to the form rejection criteria it applied before October 2019 regarding blank responses for all forms.
CA5 Says Res Judicata Did Not Bar Government from Charging Petitioner with Removability a Second Time
The court held that res judicata did not bar the government’s second charge of removability against the petitioner, because the second removability charge was based on a different statutory provision and was unavailable when the first charge was brought. (Cruz Rodriguez v. Garland, 4/1/21)
CA9 Denies Petitioner’s Motion for Attorneys’ Fees After Finding Government’s Position Was Substantially Justified
In a published order, the court denied a motion for attorneys’ fees pursuant to the Equal Access to Justice Act (EAJA), concluding that the government’s position was substantially justified and thus that the petitioner was not entitled to attorneys’ fees. (Meza-Vazquez v. Garland, 4/1/21)