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
CA8 Finds Petitioner Had No Constitutionally Protected Interest in Receiving Second Try at Cancellation of Removal Proceeding
The court upheld the BIA’s decision denying petitioner’s motion to reopen, finding she did not have a constitutionally protected interest in receiving a second try at a cancellation of removal proceeding because a grant of relief would be discretionary. (Baker White v. Wilkinson, 3/4/21)
Supreme Court Affirmed CA8 Decision on Cancellation and Inconclusive Criminal Records
The Supreme Court affirmed the Eighth Circuit decision, and found that under the INA, certain nonpermanent individuals seeking to cancel a lawful removal order must prove that they have not been convicted of a disqualifying crime. (Pereida v. Wilkinson, 3/4/21)
CA9 Says BIA Erred in Finding Somalian Petitioner Did Not Qualify for Exception to Firm Resettlement Bar
The court held that the BIA erred in finding that the petitioner did not qualify for an exception to the firm resettlement bar, and that the evidence compelled the conclusion that he had suffered past persecution in Somalia on account of a protected ground. (Aden v. Wilkinson, 3/4/21)
AILA Submits Amicus Brief on Administrative Closures in Removal Proceedings
AILA submitted an amicus brief in the Sixth Circuit urging the court to hold that an IJ retains the regulatory authority to grant brief, finite periods of administrative closure so an eligible respondent may seek a provisional waiver of inadmissibility. (Garcia-Deleon v. Wilkinson, 3/3/21)
H.R. 6: American Dream and Promise Act of 2021
On 3/3/21, Representatives Roybal-Allard, Velázquez, and Clarke introduced a bill to authorize the cancellation of removal and adjustment of status of certain individuals, including Dreamers and those with TPS and DED, and for other purposes. AILA endorses this bill.
EOIR 60-Day Notice and Request for Comment on Proposed Revisions to Form EOIR-29
EOIR 60-day notice and request for comment on proposed revisions to Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer. Comments are due 5/3/21. (86 FR 12497, 3/3/21)
CA9 Grants Remand and Withdraws Previously Filed Opinion in Enriquez v. Barr
Withdrawing its 8/13/20 opinion, the court granted the respondent’s unopposed motion to remand to the BIA for reconsideration of whether the petitioner’s California conviction for attempting to dissuade a witness constitutes a crime of moral turpitude. (Enriquez v. Wilkinson, 3/1/21)
CA9 Holds That Conviction for Simple Possession of Cocaine in California Was a Controlled Substance Offense
The court upheld the BIA’s finding that petitioner’s 1999 conviction for simple possession of cocaine in violation of California Health and Safety Code §11350 qualified as a “controlled substance offense” rendering him removable under INA §237(a)(2)(B)(i). (Lazo v. Wilkinson, 2/26/21)
CA3 Finds Conviction for Strangulation in Pennsylvania Is a Particularly Serious Crime
The court found that the BIA correctly determined that the petitioner’s Pennsylvania conviction for strangulation was a particularly serious crime, and concluded that the agency’s adverse credibility finding was supported by substantial evidence. (Sunuwar v. Att’y Gen., 2/25/21)
AILA and Partners Submit Amicus Brief on Proper Venue for a Petition for Review
AILA and partners submitted an amicus brief requesting the Second Circuit to deny a motion to transfer venue and to clarify that Second Circuit law applies in proceedings venued with the Circuit’s immigration courts, even where noncitizens are produced by video from detention locations elsewhere.
BIA Rules on Special Rule Cancellation of Removal
BIA ruled that an applicant for special rule cancellation of removal under INA §240A(b)(2) based on spousal abuse must demonstrate both that the abuser was their lawful spouse and was either a U.S. citizen or LPR at the time of the abuse. Matter of L-L-P-, 28 I&N Dec. 241 (BIA 2021)
CA9 Holds That Amendment to §18.5 of the CPC Cannot Be Applied Retroactively for Purposes of INA §237(a)(2)(A)(i)
The court held that an amendment to §18.5 of the California Penal Code (CPC), which retroactively reduces the maximum misdemeanor sentence to 364 days, cannot be applied retroactively for purposes of removability under INA §237(a)(2)(A)(i). (Velasquez-Rios v. Barr, 10/28/20, amended 2/24/21)
South Florida Miami IJ Burgess: ROR Is Parole
In a written decision dated February 23, 2021, Miami Immigration Judge Abraham Burgess finds that release on recognizance is parole. He certified his decision up to the BIA.
CA1 Finds BIA Applied Incorrect Standard in Determining That LCA Filed Was Not “Approvable When Filed”
The court held that determining whether a labor certification application (LCA) is approvable when filed requires a holistic inquiry, and found that the BIA had failed to keep its focus on that inquiry in the course of its evaluation of the petitioner’s LCA. (Oliveira v. Wilkinson, 2/22/21)
CA2 Says Petitioner’s Belief That Gangs Are Bad for His Town and Country Is Not a Political Opinion for Asylum Purposes
The court held that the petitioner’s negative view of gangs did not amount to a political opinion for asylum purposes, and that substantial evidence supported the BIA’s decision that he did not establish a likelihood of future torture in El Salvador. (Zelaya-Moreno v. Wilkinson, 2/26/21)
Trump’s “Midnight Rule” Ties Immigration Judges’ Hands
In this blog post, AILA members and CLINIC attorneys Vickie Neilson and Jonathan Langer describe how the Trump administration's midnight rulemaking has harmed clients, including one rule that prevents judges from reopening old removal orders.
CA9 Says Federal Conviction for Dealing in Firearms Without a License Is an Aggravated Felony
The court held that the petitioner’s conviction for importing, manufacturing, or dealing in firearms without a license was categorically an “illicit trafficking in firearms” aggravated felony under INA §101(a)(43)(C) that rendered him ineligible for asylum. (Chacon v. Wilkinson, 2/18/21)
CA9 Finds BIA Erred in Asylum Nexus Analysis as to Petitioner Who Fled Mexico Due to Drug Cartel’s Threats
Granting in part the petition for review, the court concluded that substantial evidence did not support the BIA’s determination that petitioner was not persecuted on account of her membership in her proposed social groups—her family and property owners. (Naranjo Garcia v. Wilkinson, 2/18/21)
ICE Acting Director Issues Interim Guidance on Civil Immigration Enforcement and Removal Priorities
ICE Acting Director issued a memo establishing interim guidance in support of the interim civil immigration enforcement and removal priorities issued by DHS on 1/20/21. The guidance, effective immediately, covers enforcement actions, custody decisions, execution of final orders of removal, and more.
CA2 Finds Petitioner’s Prolonged Confinement in Italian 41-Bis Prison Regime Did Not Amount to Torture
The court rejected the petitioner’s contention that the conditions of prolonged 41-bis incarceration he faced or would face in Italy rose to the level of torture, as that term is used in the Convention Against Torture (CAT) and its implementing regulations. (Gallina v. Wilkinson, 2/12/21)
Policy Brief: Why President Biden Needs to Make Immediate Changes to Rehabilitate the Immigration Courts
In just four years, President Trump implemented radical changes that fundamentally compromised the integrity of the immigration courts. This policy brief explains the most critical and urgent changes President Biden should make to the immigration court system to ensure fairness and impartiality.
TRAC Finds Immigrants Facing Deportation Wait Twice as Long in FY2021 Compared to FY2020
TRAC found that immigration cases completed in the first four months of FY2021 took nearly twice as long from beginning to end (859 days, on average) as cases completed in the first four months of FY2020 (436 days, on average). The average wait time for pending cases is also up (889 days).
CA7 Says That BIA Did Not Abuse Its Discretion in Declining to Reopen Mexican Petitioner’s 1992 Deportation Proceedings
The court held that BIA did not abuse its discretion in denying the petitioner’s motion to reopen her 1992 deportation proceedings, finding that the Supreme Court’s decision in Pereira v. Sessions did not affect the soundness of her proceedings. (Perez-Perez v. Wilkinson, 2/11/21)
CA8 Finds BIA Erred in Refusing to Consider Iraqi Petitioner’s Mental Illness in Particularly Serious Crime Determination
Granting the petition for review, the court held that the IJ and BIA had impermissibly refused to consider the Iraqi petitioner’s mental illness as a factor in determining whether he was barred from withholding of removal based on a particularly serious crime. (Shazi v. Wilkinson, 2/11/21)
AILA and Cardozo Law School Provide Recommendations for Removing Non-Priority Cases from the Immigration Court Backlog
AILA's Greg Chen and Cardozo Law School's Peter Markowitz provided recommendations to DOJ and EOIR leadership on how immigration courts can use existing federal regulation and other authorities to presumptively shift cases off the docket by identifying specific categories of non-priority matters.