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
CA1 Finds BIA Erred in Failing to Assess Whether Conditions for Members of Democratic Party in Albania Have Deteriorated Since 2006
Where the petitioner cited two post-2006 events as evidence of changed country conditions, the court held that the BIA’s failure to assess whether those changes were sufficient was arbitrary and capricious, and reversed the BIA’s denial of his motion to reopen. (Lucaj v. Wilkinson, 3/10/21)
CBP Issues Statement on Death in Custody at Eagle Pass, Texas
CBP issued a statement regarding the death of an adult male in CBP custody in Eagle Pass, Texas, on March 10, 2021. Agents called for medical services after the individual began exhibiting signs of medical distress. He passed away shortly after.
EOIR to Open Houston – Greenspoint Park Immigration Court
EOIR announced it will expand its presence in Houston on March 15, 2021, by adding a new immigration court on Greenspoint Park Drive. Notice contains the court’s address, hours or operation, and telephone number.
District Court Preliminarily Enjoins EOIR Rule on Appellate Procedures and Decisional Finality in Immigration Proceedings
A district court granted a motion for preliminary injunction and enjoined nationwide implementation of EOIR’s 12/16/20 final rule that made drastic changes to the procedures and regulations governing immigration courts. (Centro Legal De La Raza, et al., v. EOIR, et al., 3/10/21)
CA8 Says Petitioner Seeking Cancellation Was Required Only to Show That State Offense Was Broader Than Generic Federal Offense
The court held that the categorical approach does not require a petitioner seeking cancellation of removal to show that there is a realistic probability the state prosecutes people for the conduct that makes the state offense broader than the federal offense. (Gonzalez v. Wilkinson, 3/9/21)
CA10 Finds That Matter of G-G-S- Was Not Arbitrary or Capricious and Is Entitled to Chevron Deference
The court held that Matter of G-G-S- was not arbitrary or capricious, and that BIA applied the correct legal standard in determining that petitioner’s convictions were for particularly serious crimes rendering him ineligible for withholding of removal. (Birhanu v. Wilkinson, 3/9/21)
BIA Rules Conspiracy to Commit Visa Fraud in Violation of 18 USC §§371 and 1546(a) Is a CIMT
The BIA ruled that a conviction for conspiracy to commit visa fraud in violation of 18 USC §§371 and 1546(a) is a conviction for a crime involving moral turpitude under the modified categorical approach. Matter of Nemis, 28 I&N Dec. 250 (BIA 2021)
Practice Alert: ICE Interim Guidance on Civil Immigration Enforcement and Removal Priorities
AILA provides a practice alert with a summary of the February 18, 2021, memo from ICE Acting Director Tae Johnson titled, Interim Guidance: Civil Immigration Enforcement and Removal Priorities.
February 2021: Out of Order and Out of Control - IJ Complaints, Disciplinary Procedures, Ethics, and EOIR Reform
Supplemental materials from the February 2021 FCLS Quarterly Section Call – includes case citations and other relevant documents.
ICE Announces Creation of ICE Case Review Process
ICE announced the creation of the ICE Case Review process for individuals who believe their case does not align with ICE's enforcement, detention, and removal priorities. For more information, check out the ICE website.
AILA Tracks EOIR’s Historical Operational Status During Coronavirus Pandemic
This page tracks historical updates related to EOIR’s operational status during the coronavirus pandemic. Please note that this page is not updated in real time.
EOIR 60-Day Notice and Request for Comments on Proposed Revisions to Form EOIR-26A
EOIR 60-day notice and request for comments on proposed revisions to Form EOIR-26A, Fee Waiver Request. Comments are due 5/3/21. (86 FR 12713, 3/4/21)
CA4 Finds BIA Improperly Discounted Honduran Petitioner’s Corroborating Evidence in Support of Asylum Claim
Where petitioner asserted that she and her husband had been subjected to death threats by a gang in Honduras, the court held that the BIA had improperly discounted her corroborating evidence, including affidavits, burial permits, and other documentation. (Arita-Deras v. Wilkinson, 3/4/21)
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)