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 Remands Asylum and Withholding Claims of Iraqi National Who Worked for U.S. Army During War
The court vacated and remanded the BIA’s denial of the asylum and withholding of removal claims of the petitioner, who feared that he would be subjected to harm on account of his work as a paid contractor for the U.S. Army during the war in Iraq. (Al Amiri v. Rosen, 1/11/21)
CA9 Upholds Denial of Asylum to Pakistani National Who Claimed He Feared Persecution from Taliban
The court held that the IJ had provided the pro se petitioner with a full opportunity to present testimony, and found the BIA did not err in concluding that petitioner’s description of generalized violence failed to meet his burden to show targeted persecution. (Hussain v. Rosen, 1/11/21)
Supreme Court Vacates Decision of Ninth Circuit in ICE v. Padilla
The U.S. Supreme Court granted the petition for a writ of certiorari, vacated the judgment of the Ninth Circuit, and remanded for further consideration in light of DHS v. Thuraissigiam. (ICE, et al. v. Padilla, et al., 1/11/21)
Organizations File Lawsuit Challenging New Rule on EOIR’s Appellate Procedures and Administrative Closure
A group of legal services organizations filed a lawsuit in federal district court in D.C. alleging that EOIR’s 12/16/20 final rule entitled “Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure” is unlawful. (CLINIC, et al. v. EOIR, et al., 1/11/21)
Minor Correction to DHS and DOJ Final Rule on Procedures for Asylum, Withholding of Removal, and CAT Protection
DHS and DOJ issued a minor correction to the final rule published at 85 FR 80274 on 12/11/20, “Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review.” (86 FR 1737, 1/11/21)
BIA Rules on Adverse Credibility Findings Based on Fraudulent Documents
The BIA found that IJs may find a document to be fraudulent without forensic analysis if it contains obvious defects or readily identifiable hallmarks of fraud, and the party submitting the document is given an opportunity to explain the defects. Matter of O-M-O-, 28 I&N Dec. 191 (BIA 2021)
EOIR Issues Policy Memo on Continuances
EOIR issued a memo (PM 21-13) updating and replacing OPPM 17-01 to account for legal and policy developments. The memo provides a non-exhaustive list of legal and policy principles as an aid to adjudicators considering common types of continuance requests. This memo was rescinded on 4/18/22.
Board of Immigration Appeals Practice Manual (1/8/21)
The Board of Immigration Appeals (BIA) provided an updated Practice Manual (last revised on January 8, 2021). This manual describes procedures, requirements, and recommendations for practice before the BIA.
Announcements of ICE Enforcement Actions
ICE ERO Houston announced that nine individuals were arrested between November 1, 2020, and December 31, 2020, in the greater Houston area as part of a recent enforcement action targeting individuals who had unlawfully reentered the U.S. after having previously been removed.
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 1/1/21 and ending 3/31/21, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.09 per centum per annum. (86 FR 1130, 1/7/21)
CA6 Says It Has Jurisdiction to Review BIA’s Ultimate Hardship Conclusion for Cancellation of Removal After Guerrero-Lasprilla
The court held that the BIA’s ultimate hardship conclusion is the type of mixed question over which it has jurisdiction to review after the Supreme Court’s decision in Guerrero-Lasprilla v. Barr, but found that petitioner failed to show the requisite hardship. (Singh v. Rosen, 1/7/21)
Policy Brief: Increase in Indefinite ICE Detention Without Foreseeable Removal Dates During COVID-19 Pandemic
AILA and the Council released a policy brief on the increase in indefinite ICE detention during the pandemic. The brief outlines how ICE has failed to comply with limitations on its authority to indefinitely detain people, thus violating due process and endangering public and detainee health.
Screaming Into the Void: 5 Reasons to Always Comment on Proposed Regulations
AILA member Sarah Pitney shares insights into why they participate in public comment campaigns and why all AILA members should do the same to benefit their clients, share their expertise, and hopefully ensure better regulations result.
CA9 to Rehear En Banc Case Involving Derivative Citizenship
The court ordered rehearing en banc and vacated its prior decision in Cheneau v. Barr, which held that the petitioner did not derive citizenship from his mother’s naturalization because his claim was foreclosed by the court’s precedent. (Cheneau v. Rosen, 1/6/21)
CA5 Finds Petitioner Failed to Show Due Diligence Where He Waited Eight Months After Lugo-Resendez to File Motion to Reopen
The court upheld the BIA’s conclusion that the petitioner did not demonstrate due diligence because he had waited approximately eight months after the court’s decision in Lugo-Resendez v. Lynch to file his current motion to reopen under INA §240(c)(7). (Ovalles v. Rosen, 1/6/21)
AILA and Mid-Minnesota Legal Aid Submit Amicus Brief on Burden of Proof in Habeas-Ordered Custody Hearings
AILA and Mid-Minnesota Legal Aid submitted an amicus brief in the U.S. District Court for the District of Minnesota arguing that the government must bear the burden of proof by clear and convincing evidence in habeas-ordered custody hearings.
AILA Submits Comments on EOIR’s Proposed Rulemaking on Electronic Case Access and Filing
AILA submitted comments on EOIR’s proposed rulemaking on electronic case access and filing, encouraging EOIR to consult with stakeholders to better understand the impact of the new filing system and to incorporate feedback to improve the system for all users.
EOIR to Host Information Sessions in Advance of ECAS Launch at Several Immigration Courts
EOIR invites stakeholders to attend virtual information sessions on 1/14/21 and 1/28/21 in advance of ECAS launch at the Cleveland, Fishkill, Kansas City, Las Vegas, and Ulster immigration courts. RSVP to EngagewithEOIR@usdoj.gov by noon (ET) the day before the session you wish to attend.
USCIS Provides Guidance on Completing Form I-9 for Employees with Extended Work Authorization Under DACA
USCIS provided guidance for completing Form I-9 for employees with extended work authorization under DACA. Per USCIS, employees may present their unexpired EAD with category code C33 issued on or after 7/28/20, along with an I-797 Extension Notice showing a one-year extension under DACA.
IJ Issues Interlocutory Decision Finding That Certain Noncitizens Detained and Released by DHS Have Been Paroled
An IJ with the Miami Immigration Court issued an interlocutory decision finding that inadmissible applicants for admission who are detained by DHS and later released into the United States have been paroled, and certified his decision to the BIA for review. (Matters of D-G-, et al., 1/4/21)
CA8 Holds That DHS Was Permitted to Substitute CIMTs Charge for Immigration Fraud Charge as Basis for Petitioner’s Removal
The court held that, in seeking the petitioner’s removal, DHS could choose to rely on a claim that the petitioner had committed crimes involving moral turpitude (CIMTs), rather than on the alternative claim that she had committed immigration fraud. (Herrera Gonzalez v. Rosen, 1/4/21)
South Florida Miami IJ Cole: ROR Is Parole
In an interlocutory decision dated January 4, 2021, Miami Immigration Judge Timothy M. Cole finds that release on recognizance is parole. He certified his decision up to the BIA.
South Florida ERO Update (January 2021)
This update addresses attorney-client visitation and other procedures at the three South Florida detention centers, as well as procedures at Miramar.
EOIR Released Statistics on Pending Cases
EOIR released statistics on pending cases, initial receipts, and total completions from FY2008 through the first quarter of FY2021. As of the end of the first quarter of FY2021, EOIR had 1,277,152 pending cases in the queue, and had completed 20,739 cases.
DOJ’s Immigration Court Practice Manual (Updated on 12/31/20)
On December 31, 2020, the OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts.