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
ICE and Detainees Reach Settlement Agreement over Implementation of COVID-19 Protocol
The district court released a proposed settlement agreement between ICE and detained immigrants at three detention centers in Florida, in which ICE agreed to implement certain COVID-19 vaccination guidelines and protocol, among other things. (Gayle, et al. v. Meade, et al., 6/28/21)
CA9 Remands Where IJ Failed to Consider Favorable Factors in Denying Voluntary Departure to Petitioner
The court held that the IJ had failed to evaluate the factors weighing in favor of granting voluntary departure to the petitioner, and thus granted in part the petition for review and remanded to the BIA. (Zamorano v. Garland, 6/25/21)
AILA Submits Amicus Brief on Rights to a Direct Appeal
AILA submitted an amicus brief in Solomonov v. Garland agreeing that a conviction does not become final for immigration purposes until any direct appeal has been concluded and urging the court to grant petitioner’s request for initial hearing en banc.
OPLA Miami Contact Sheet (June 2021)
OPLA Miami Contact Sheet as of June 2021, courtesy of AILA South Florida’s ICE OPLA Liaison Committee.
CA7 Says BIA Erred by Requiring Petitioner to Show Prejudice from His Defective NTA
Where petitioner received a procedurally defective Notice to Appear (NTA) for his removal proceedings and made a timely objection, the court held that BIA erred in finding he was not entitled to relief unless he could demonstrate prejudice from the NTA. (Avila de la Rosa v. Garland, 6/24/21)
DOJ Issues Guidance Regarding Adjudication of Motions to Reopen in MPP Cases
DOJ issued guidance to all immigration court and BIA personnel with information regarding the adjudication of motions to reopen in Migrant Protection Protocols (MPP) cases.
BIA Remands for IJ to Determine Qualification for “Simple Possession” Exception
The BIA sustained the appeal and remanded to allow the IJ to evaluate if the respondent qualifies for the “simple possession” exception to §245(h)(2)(B) under the circumstance-specific approach. Matter of Moradel, 28 I&N Dec. 310 (BIA 2021)
DHS Announces Expanded Criteria for MPP-Enrolled Individuals Who Are Eligible for Processing into the United States
DHS announced that it will expand the pool of MPP-enrolled individuals who are eligible for processing into the United States. Beginning June 23, 2021, DHS will include MPP enrollees who had their cases terminated or were ordered removed in absentia.
CA4 Upholds Asylum Denial to Honduran Petitioner Convicted of Unlawful Wounding in Virginia
The court held that petitioner was ineligible for asylum based upon his conviction for unlawful wounding in Virginia, and found that the BIA did not err in denying his claims for withholding of removal or Convention Against Torture (CAT) protection. (Moreno-Osorio v. Garland, 6/23/21)
CA9 Finds Changed Country Conditions Exception Applies Where Personal Circumstances Changed in a Way Entirely Outside Petitioner’s Control
The court held that while a self-induced change in personal circumstances does not qualify for the changed country conditions exception, that principle does not apply when changed country circumstances, while personal to petitioner, are entirely outside her control. (Kaur v. Garland, 6/21/21)
OPLA Miami Scheduling, Attorney /Client Assignments (July 5 - 16, 2021)
OPLA Miami scheduling for all non-detained from July 5 to 16. These assignments were based upon dockets published by EOIR.
D.C. Circuit Affirms Dismissal of Most Claims Brought by Detained Mothers and Children Challenging Credible Fear Regulations
The court affirmed the district court’s conclusion that the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) barred its review of 10 of 11 alleged policies, because the policy was unwritten or challenges to it were untimely. (M.M.V., et al. v. Garland, et al., 6/18/21)
CA11 Finds BIA Failed to Properly Reconsider Discretionary Denial of Asylum Under 8 CFR §1208.16(e)
The court held that when an applicant is discretionarily denied asylum but granted withholding of removal and the IJ fails to reconsider its discretionary denial of asylum, the BIA must remand for the IJ to conduct this required reconsideration. (Thamotar v. Att’y Gen., 6/17/21)
CA3 Upholds BIA’s Denial of Motion to Reopen CAT Claim Based on Changed Country Circumstances in Jamaica
The court found that the BIA did not abuse its discretion in dismissing petitioner’s motion to reopen as untimely, finding that her motion did not contain any evidence that Jamaican officials would likely acquiesce to her torture if she were returned to Jamaica. (Darby v. Att’y Gen., 6/17/21)
Justice Campaign Provides Samples, Templates, and More for Detained Removal Defense Practitioners
The Immigration Justice Campaign has created and gathered materials to support detained removal defense work. On this page you will find samples, templates, and other practice materials that may be of use in representing detained clients.
DOJ Issues Memo on the Impact of Attorney General Decisions in Matter of L-E-A- and Matter of A-B-
DOJ issued a memo to the Civil Division’s Office of Immigration Litigation on the impact of Attorney General Merrick Garland’s vacation of Matter of L-E-A- (L-E-A- II), Matter of A-B- (A-B- I), and Matter of A-B- II).
Nine Years Since DACA Was Announced – the Senate Needs to Act
AILA celebrated the ninth anniversary of the creation of the Deferred Action for Childhood Arrivals (DACA) initiative, but AILA President Allen Orr, Jr. called on Congress to enact permanent protection for Dreamers, saying it “would be a moral and economic victory for the entire country.”
OPLA Miami Scheduling, Attorney /Client Assignments (June 14 - July 2, 2021)
OPLA Miami scheduling for all non-detained from June 14 to July 2, 2021. These assignments were based upon dockets published by EOIR.
OPLA Miami Scheduling, Attorney /Client Assignments (June 14 -18, 2021)
OPLA Miami scheduling for all non-detained for the week of June 14 - 18. These assignments were based upon dockets published by EOIR.
EOIR Issues Guidance After DHS Issued Updated Enforcement Priorities and Initiatives
EOIR issued a memo that provides EOIR policies regarding the effect of DHS’s updated enforcement priorities and initiatives. Memo is effective as of 6/11/21.
ICE Provides Guidance on Submitting Prosecutorial Discretion Requests to OPLA
ICE provided guidance on submitting a prosecutorial discretion request to OPLA including a listing of relevant email addresses that can be used when submitting a request to OPLA field locations.
CA9 Reverses Denial of Deferral of Removal Where BIA Improperly Engaged in De Novo Review
The court held that the BIA erred by reviewing the IJ’s decision de novo rather than for clear error, and found that the record established that the petitioner had met her burden to show it was more likely than not she would be tortured if removed to Mexico. (Soto-Soto v. Garland, 6/11/21)
Supreme Court Holds Crime with a Mens Rea of Recklessness is Not a “Violent Felony”
The Supreme Court held that a crime with a mens rea of recklessness does not qualify as a “violent felony” under the Armed Career Criminal Act (ACCA). (Borden v. U.S., 6/10/21)
Sample Motion to Stay or Recall the Mandate at Court of Appeals
Sample motion for a petitioner’s motion to recall the mandate in light of the Supreme Court’s decision in Niz-Chavez v. Garland. (Petition for Review)
Representatives Urge Attorney General to Reverse Trump’s Attacks on Immigrants
On 6/10/21, Representative Pramila Jayapal (D-WA) led 60 lawmakers in calling on DOJ to immediately implement a set of reforms on immigration court backlogs, regulatory and policy review, EOIR personnel, legal representation, criminal prosecutions, and the ongoing pandemic.