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
EOIR Notice of Proposed Rulemaking on Motions to Reopen, Motions to Reconsider, and Stays of Removal
Notice of proposed rulemaking (NPRM) that would amend EOIR regulations governing the filing and adjudication of motions to reopen and reconsider and add regulations governing requests for discretionary stays of removal. Comments are due 12/28/20. (85 FR 75942, 11/27/20)
CA4 Finds BIA Abused Its Discretion in Denying Asylum to Former Colombian Police Officer
The court held that the BIA erred in deciding that the petitioner, a retired Colombian police officer, had not shown past persecution because threats by the Revolutionary Armed Forces of Colombia (FARC) were written, and because he was never physically approached. (Bedoya v. Barr, 11/25/20)
District Court Approves Settlement Agreement Between L.A. County Sheriff’s Department and Inmates over ICE Holds
The district court preliminarily approved a settlement agreement under which the L.A. County Sheriff’s Department will pay $14,000,000 to former inmates detained beyond the expiration of their state criminal charges pursuant to immigration detainers. (Roy v. County of Los Angeles, 11/25/20)
CA6 Upholds Matter of Castro-Tum and Says IJs Lack General Authority to Administratively Close Cases
The court found that the Attorney General correctly interpreted 8 CFR §§1003.10 and 1003.1(d) in Matter of Castro-Tum in holding that IJs do not have the general authority to suspend indefinitely immigration proceedings by administrative closure. (Hernandez-Serrano v. Barr, 11/24/20)
CA7 Finds Petitioner Failed to Exhaust Administrative Remedies Where He Made No Argument About Criminal Violence in Mexico
The court dismissed in part the petitioner’s appeal of the denial of his cancellation of removal application, finding he had failed to exhaust his administrative remedies because he did not ask the BIA to address the subject of criminal violence in Mexico. (Barrados-Zarate v. Barr, 11/24/20)
CA9 Declines to Rehear Vega-Anguiano v. Barr En Banc
The court issued an order amending its prior opinion and denying the rehearing en banc of Vega-Anguiano v. Barr, in which the court found a reinstatement order improper where the petitioner had shown a “gross miscarriage of justice.” (Vega-Anguiano v. Barr, 11/19/19, amended 11/24/20)
CA8 Upholds BIA’s Conclusion That Somali Government Would Not Acquiesce in Any Torture of Petitioner by Al-Shabaab
Where petitioner sought Convention Against Torture (CAT) relief and argued that the Somali government would acquiesce in his torture, the court held that the record did not show that the Somali government had willfully turned a blind eye to Al-Shabaab’s activities. (Moallin v. Barr, 11/23/20)
EOIR Releases Memo Cancelling Certain Operating Policies and Procedures Memoranda
EOIR issued a policy memo (PM 21-04) rescinding and cancelling the following Operating Policies and Procedures Memoranda (OPPM): 98-8, 98-7,98-3, 96-5, 95-2, 94-10, 93-4, 90-04, 88-3, and 84-7.
House Bill: End Transfers of Detained Immigrants Act
On 11/19/20, Representative Crow (D-CO) introduced the End Transfers of Detained Immigrants Act to prohibit transfers of individuals between ICE facilities and federal, state, and local facilities, to ensure physical distancing inside ICE facilities, and for other purposes. AILA endorses this bill.
AILA Submits Amicus Brief on Nonstate Actor Determination in Asylum Claims
AILA submitted an amicus brief in Sylvestre v. Barr requesting the Ninth Circuit to remand the case back to BIA and clarify the standard of review applicable to appeals when making nonstate actor determinations for asylum and withholding for removals.
Practice Pointer: How to Use Expert Witnesses in Immigration Court After Matter of J-G-T-
Practice pointer with tip on proffering an expert following Matter of J-G-T-, 28 I & N Dec. 97 (BIA 2020), which concerns an IJ's duty to make findings regarding expert testimony. Special thanks to the AILA Asylum and Refugee Committee.
Congressional Leaders Send Letter Regarding Medical Care at Irwin County Detention Center
On 11/19/20, congressional leaders sent a letter to DHS and ICE requesting an immediate stay the removal of witnesses in the investigations into the provision of medical care at the Irwin County Detention Center in Ocilla, Georgia.
DHS Proposed Rule to Eliminate Employment Authorization for Individuals with a Final Order of Removal
DHS notice of proposed rulemaking to eliminate employment authorization eligibility for individuals who have final orders of removal but are temporarily released from custody on an order of supervision. Comments are due 12/21/20; comments on form revisions are due 1/19/21. (85 FR 74196, 11/19/20)
Big-Picture, Clean-Slate Immigration Reforms for the Biden-Harris Administration
AILA members Angelo A. Paparelli and Stephen Yale-Loehr offer some insights and ideas for the incoming Biden-Harris administration on actions that would make the immigration system more transparent, efficient, and welcoming.
EOIR 60-Day Notice and Request for Comments on New FOIAXpress Public Access Link
EOIR 60-day notice and request for comments on a new “FOIAXpress Public Access Link” for members of the public seeking to obtain records from EOIR. Comments are due 1/19/21. (85 FR 73513, 11/18/20)
CA9 Finds BIA Erred in Giving Reduced Weight to Testimony of Specialist in Gang Activity
The court held that, despite its direction to reconsider the testimony of a specialist in gang activity in Central America and its effect on petitioner’s Convention Against Torture (CAT) claim, the BIA erred on remand by according reduced weight to his testimony. (Castillo v. Barr, 11/18/20)
CA9 Says Showing of Prejudice Is Not Required When Ineffective Assistance Leads to In Absentia Removal Order
Granting the petition for review and remanding, the court held that the BIA erred by treating the petitioners’ failure to show prejudice caused by alleged ineffective assistance of counsel as a basis for denying their motion to reopen removal proceedings. (Sanchez Rosales v. Barr, 11/18/20)
CA1 Upholds Denial of Asylum to Haitian Petitioner Who Provided Unsupported Theory of Attackers’ Motivation
Upholding the BIA’s denial of asylum, the court held that the Haitian petitioner had failed to establish a nexus between his 2017 attack and a protected ground, where he had provided no credible evidence that the attack was motivated by his political activity. (Celicourt v. Barr, 11/17/20)
Practice Advisory: Requesting Attorney’s Fees and Costs After FOIA
As part of AILA’s seminar, “Make the Government Pay,” the speakers provide this practice advisory that addresses compensation for plaintiffs including an award for attorney fees and litigating costs in immigration-related FOIA cases especially when the immigrant is in a removal proceeding.
Mastering the Myriad Challenges of Immigration Court
If you’ve appeared in immigration court, you may have witnessed or experienced questionable conduct of a judge or another court personnel. This article explores common “difficult” situations in court and provides practical suggestions to deal with them ethically and professionally.
Practical and Ethical Considerations in Detention Cases
Working with detained clients in removal defense cases, can present unique ethical concerns and dilemmas. In this article, learn more about adhering to disciplinary rules while navigating ethics issues related to diminished capacity, communication, and confidentiality.
Map of ICE Enforcement Actions (January 2017–November 2020)
AILA’s enforcement map with a sampling of enforcement actions that ICE has undertaken nationwide between January 2017 and November 2020. Read the stories highlighted on AILA’s map to see the impact of the Trump administration’s immigration policies. This page is no longer being actively updated.
District Court Found DHS Acting Secretary Wolf Was Not Lawfully Appointed When He Suspended DACA
A district court found that Chad Wolf was not lawfully serving as DHS Acting Secretary when he suspended DACA following the Supreme Court decision in DHS v. Regents of the University of California. (Batalla Vidal, et al., v. Wolf, et al., 11/14/20)
CA4 Holds That IJs Must Make Finding as to Whether Corroborating Evidence Was Reasonably Available
The court held that while the INA does not require an IJ to provide a noncitizen with advance notice of the need to offer corroborating evidence, the IJ must make a finding as to whether such corroborating evidence was reasonably available if it was not provided. (Wambura v. Barr, 11/13/20)
CA5 Affirms Dismissal of Habeas Petition After Finding Inability to Seek Work Authorization Is Not a Collateral Consequence
Affirming the district court’s dismissal of the habeas petition, the court rejected the petitioners’ argument that their inability to seek work authorization was a collateral consequence that should allow them to maintain their petition. (Bacilio-Sabastian, et al. v. Barr, et al., 11/13/20)