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
DOJ’s Immigration Court Practice Manual (Updated on 12/7/20)
On December 7, 2020, the OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts.
AILA and Partners Submit Amicus Brief on the Meaning of “Obstruction of Justice”
AILA submitted an amicus brief in Silva v. Barr urging the court to reject BIA’s definition of “obstruction of justice” and to find that plain meaning of the obstruction of justice aggravated felony provision requires interference in an ongoing judicial proceeding or grand jury investigation.
EOIR Notice of Proposed Rulemaking on Electronic Filing and Law Student Filing
EOIR notice of proposed rulemaking which would implement electronic filing and records applications for all cases before the immigration courts and the BIA. The proposed rule would also make changes to the regulations regarding law student filing and accompaniment procedures. (85 FR 78240, 12/4/20)
BIA Rules on Ineffective Assistance of Counsel
BIA ruled that counsel accepting responsibility of error does not discharge the disciplinary authority complaint obligation, and respondents seeking reopening based on ineffective counsel must show probability they would’ve prevailed otherwise. Matter of Melgar, 28 I&N Dec. 169 (BIA 2020)
District Court Orders DHS to Fully Restore DACA Program
District court orders DHS to accept first-time requests for DACA, renewal requests, and advance parole requests, based on the terms of the DACA program prior to 9/5/17 and that one-year deferred action and EADs must be extended to two years. (Batalla Vidal, et al., v. Wolf, et al., 12/4/20)
EOIR Issues Memo Consolidating and Updating Policy Regarding the Processing of Asylum Applications
EOIR issued a policy memo (PM 21-06) consolidating and replacing OPPM 00-01 and OPPM 13-02. The memo concerns the processing of affirmative and defensive asylum applications, the asylum and EAD clocks, docketing and scheduling, BIA appeals, and more. This memo was rescinded 4/18/22.
CBP Says Program to Collect DNA Samples from Certain Individuals in Custody Will Reach Full Operation by End of 2020
CBP announced that the pilot programs it began in January 2020 to assess collection of DNA samples from certain individuals in CBP custody have provided the information it needs to implement nationwide collection. Per CBP, the collection program will reach full operation by December 31, 2020.
Practice Alert: New Scheduling Orders in Removal Proceedings
AILA has received numerous reports that members across the country have received “scheduling orders” from various immigration courts, setting short deadlines for the filing of written pleadings and applications for relief.
Template Letter to Members of Congress to Request Oversight of ICE Detention Centers
AILA Chapter Leaders are encouraged to personalize this template and email members of Congress to ask them to conduct oversight of ICE detention centers in their jurisdiction.
ICYMI: EOIR Issues Guidance on “Enhanced Case Flow Processing” in Removal Proceedings
EOIR issued guidance on the implementation of an enhanced case flow processing model for non-status, non-detained cases with representation in removal proceedings. Memo is effective 12/1/20.
CA11 Says INA §241(a)(5) Bars Reopening of Reinstated Removal Order Where Noncitizen Unlawfully Reentered After Removal
The court concluded that the plain language of INA §241(a)(5) bars the reopening of a reinstated removal order where a noncitizen has illegally reentered the United States following his or her initial removal, and thus denied the petition for review. (Alfaro-Garcia v. Att’y Gen., 11/30/20)
District Court Rejects Challenge to DHS’s Expedited Removal Pilot Programs
The district court found that DHS’s new detention-placement policy of the Prompt Asylum Claim Review (PACR) and Humanitarian Asylum Review Process (HARP) programs did not violate statutory, regulatory, or constitutional requirements. (Las Americas Immigrant Advocacy Center v. Wolf, 11/30/20)
EOIR Notice of Proposed Rulemaking to Define “Good Cause”
EOIR notice of proposed rulemaking (NPRM) to define the term “good cause” in the context of continuances, adjournments, and postponements. Comments are due 12/28/20. (85 FR 75925, 11/27/20)
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.
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.
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.