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 Vacates BIA’s Decision Finding That Petitioner’s Conviction for Enticing a Minor in Iowa Was a “Crime of Child Abuse”
Where the BIA had held that the petitioner was removable because his conviction for enticing a minor in violation of Iowa Code §710.10(3) constituted a “crime of child abuse,” the court granted the petition for review, vacated the BIA’s decision, and remanded. (Pah Peh v. Garland, 7/16/21)
CA3 Reverses Denial of CAT Relief Where IJ’s Decision Did Not Refer to Record Evidence
Where the IJ had failed to provide a citation or reference to the record in denying the petitioner’s Convention Against Torture (CAT) claim, the court found that the IJ’s decision was not supported by substantial evidence. (Valarezo-Tirado v. Att’y Gen., 7/15/21)
AG Overrules Matter of Castro-Tum and Returns to Matter of Avetisyan and W-Y-U-
The Attorney General stated that while the rulemaking proceeds and except when a court of appeals has held otherwise, IJs and the BIA should apply the standard for administrative closure set out in Avetisyan and W-Y-U-. Matter of Cruz-Valdez, 28 I&N Dec. 326 (A.G. 2021)
Practice Alert: Template for CRCL Complaint Regarding Failures to Provide Language Access
The American Immigration Council and other detention advocacy partners have created a template to file a complaint with the Office for Civil Rights and Civil Liberties (CRCL) on behalf of clients who have faced language access violations. Please customize and use it to file similar complaints.
AG Garland Gives Immigration Judges Back Authority to Administratively Close Cases
Attorney General Merrick Garland vacated the precedent decision in Matter of Castro-Tum, restoring “administrative closure,” a key tool used by immigration judges for decades to manage dockets and increase efficiency.
DHS OIG Issues Report on NTAs to MPP Enrollees
DHS OIG conducted an audit to determine the extent to which DHS provided accurate notices to appear (NTAs) to Migrant Protection Protocols enrollees, finding that out of 106 NTAs issued, 20 that did not meet legal sufficiency standards or contained inaccurate information.
DHS OIG Issues Report on Violations of ICE Detention Standards at Adams County Correctional Center
DHS OIG conducted an unannounced inspection of the Adams County Correctional Center to evaluate compliance with ICE detention standards and COVID-19 requirements and made seven recommendations to improve ICE oversight.
South Florida EOIR Stakeholders’ Meeting Notes (7/14/21)
Notes from the EOIR Stakeholders’ Meeting on July 14, 2021.
CA9 Finds Substantial Evidence Supported BIA’s Implausibility Findings with Respect to Petitioners’ Testimony
Upholding the denial of asylum to petitioners, an Armenian family, the court held that substantial evidence supported the adverse credibility determination as to the husband based on implausibilities in the record, and as to the wife based on evasive testimony. (Lalayan v. Garland, 7/13/21)
OPLA Miami Scheduling, Attorney/Client Assignments (July 12 - August 6, 2021)
OPLA Miami scheduling for all non-detained from July 12 to August 6, 2021. These assignments were based upon dockets published by EOIR.
CA9 Remands Where IJ Failed to Credit Petitioner’s Specific Evidence of Taint
Granting in part the petition for review, the court held that the IJ erred by failing to credit evidence showing that proof of the petitioner’s alienage was tainted because it was obtained from his juvenile court records in violation of California privacy laws. (B.R. v. Garland, 7/12/21)
CA5 Grants Stay Pending Review of Petition to Political Dissident in India
The court found that the IJ’s incredibly high denial rate for asylum applications, along with her noncompliance with Matter of R-K-K-, presented a substantial likelihood that petitioner would be entitled to relief upon full consideration by a merits panel. (Singh v. Garland, 7/12/21)
CA7 Upholds Denial of Asylum Based on Political Opinion to Ukrainian Petitioner
The court held that substantial evidence supported the BIA’s conclusion that the petitioner’s experience in Ukraine did not rise to the level of persecution, and that she had failed to show that the new Ukrainian government would persecute her if she returned. (Chuchman v. Garland, 7/12/21)
CA8 Holds That IJ Articulated Specific and Cogent Reasons for Concluding That Petitioner Was Not Credible
The court upheld the BIA’s affirmance of the IJ’s denial of asylum, finding that the IJ had articulated specific, cogent reasons for concluding that the petitioner’s testimony was not credible, and that those reasons were supported by substantial evidence. (Coto-Albarenga v. Garland, 7/12/21)
CA9 Says Conviction for Forgery in California Is Categorically a Crime “Relating to Forgery” Under INA §101(a)(43)(R)
The court held that petitioner’s forgery conviction under section 470a of the California Penal Code categorically constituted an aggravated felony offense “relating to forgery” under INA §101(a)(43)(R), thus rendering him ineligible for voluntary departure. (Escobar Santos v. Garland, 7/9/21)
ICE 30-Day Extension of Comment Period on New “Flight Manifest/Billing Agreement”
ICE 30-day extension of a comment period previously announced at 86 FR 22246 on 4/27/21 on a new information collection titled “Flight Manifest/Billing Agreement.” Comments are now due 8/9/21. (86 FR 36292, 7/9/21)
CA2 Finds That IJ Considered Sua Sponte the Social Groups Raised by Petitioner on Appeal
The court upheld the BIA’s denial of the petitioner’s withholding of removal claim, finding that the IJ sua sponte considered the social groups now identified by petitioner, and that the IJ’s decision to deny withholding was supported by substantial evidence. (Quintanilla v. Garland, 7/9/21)
CA4 Finds Honduran Petitioner’s Membership in Her Nuclear Family Was At Least One Central Reason for Her Persecution
The court held that the BIA and IJ erred in concluding that the petitioner had failed to demonstrate that she was persecuted in Honduras on account of her membership in her proposed particular social group, namely her nuclear family. (Perez Vasquez v. Garland, 7/9/21)
AILA and Partners Submit Amicus Brief on the Expanded Definition of “Theft Offense”
AILA and partners submitted an amicus brief requesting the Third Circuit grant a petition for rehearing of their decision in K.A. v. AG, which expanded the category of “theft offense” aggravated felonies to include fraudulent takings.
Takeaways from Johnson v. Guzman Chavez
In this blog post, AILA President-elect Jeremy McKinney highlights the recent Supreme Court decision in Johnson v. Guzman Chavez, which he writes offers a takeaway “for practitioners is to push back when an agency employs Auer or Chevron deference as a shield protecting its faulty administrative dec
Department of the Treasury Notice on Interest Rate for Immigration Bonds
Department of the Treasury notice that for the period beginning 7/1/21 and ending 9/30/21, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.02 per centum per annum. (86 FR 36189, 7/8/21)
CA9 Reverses Denial of Voluntary Departure Where NTA Lacked Date-and-Time Information
The court held that petitioner’s Notice to Appear (NTA)—which lacked the time and date of his removal proceedings—did not terminate his period of physical presence in the United States, and thus BIA erred in finding him ineligible for voluntary departure. (Posos-Sanchez v. Garland, 7/7/21)
CA8 Upholds BIA’s Conclusion That Petitioner Could Reasonably Relocate Within Guatemala to Avoid Vigilante Group
Upholding the denial of withholding of removal, the court found that petitioner had failed to establish membership in a particular social group, and that BIA did not err in determining he could reasonably relocate in Guatemala to avoid a vigilante group. (Bautista-Bautista v. Garland, 7/6/21)
CA9 to Rehear En Banc Case Involving Illegal Reentry Under INA §241(a)(5)
The court ordered rehearing en banc and vacated its prior decision in Tomczyk v. Garland, which held that the act of reentering illegally under INA §241(a)(5) requires some form of misconduct by a noncitizen rather than merely the status of inadmissibility. (Tomczyk v. Garland, 7/6/21)
CA5 Finds It Has Jurisdiction to Determine What Constitutes “Exceptional and Extremely Unusual Hardship”
The court held it had jurisdiction to review the agency’s determination that events that would befall the petitioner’s U.S.-citizen children if he were removed would not amount to “exceptional and extremely unusual hardship” as Congress intended the phrase. (Guerrero Trejo v. Garland, 7/2/21)