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 Policy Memorandum (PM) 26-04 Canceling PM 20-16, PM 20-06, and DM 22-08
EOIR Director Daren Margolin issued policy memorandum (PM) 26-04 canceling PM 20-16, OCAHO Settlement Officer Program; PM 20-06, Section 7611 of the National Defense Authorization Act of 2020, Public Law 116-92; and director’s memorandum (DM) 22-08, The Asylum Procedures Rule.
BIA Holds That “Mexican Men with Schizoaffective Disorder" Is Not a Cognizable PSG
The BIA held that the group "Mexican men with Schizoaffective Disorder," defined only by such diagnosis, is not cognizable as a particular social group (PSG) under the INA. Matter of L–A–D–, 29 I&N Dec. 634 (BIA 2026)
EOIR Announces Investiture of 77 Immigration Judges and 5 Temporary Immigration Judges
EOIR announced the swearing in of 77 immigration judges and 5 temporary immigration judges to serve in immigration courts across the United States. This is the largest class of new adjudicators in the agency's history.
BIA Holds That Respondent’s Pennsylvania Drug Conviction Was a Particularly Serious Crime Barring Asylum and Withholding
The BIA held that the respondent’s conviction for possession with intent to deliver a controlled substance was a particularly serious crime barring asylum and withholding, and affirmed the denial of CAT deferral absent public official acquiescence. Matter of G–L–C–, 29 I&N Dec. 717 (BIA 2026)
EOIR Notice of Revision of Form EOIR-56, Request to Join List of Immigration Pro Bono Legal Service Providers
EOIR notice of revision and extension of Form EOIR-56, Request to be Included on the List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings. EOIR describes changes as non-substantive. Comments are due 6/22/26. (91 FR 29511, 5/20/26)
Practice Alert: Hearings Appearing on ECAS Calendars Without Notices of Hearing
AILA members have reported across the country that hearings are appearing on their online court calendars without any notice being issued. The EOIR National Liaison Committee is encouraging all removal defense practitioners to check their online calendars for unexpected hearing changes.
Practice Alert: EOIR Targeting Pro Se Respondents for “Mega Master Calendar Hearings”
AILA members have continued to report the rise in "mega masters" at various courts around the country. These include 100+ respondents being scheduled in a single master calendar hearing, raising serious practical and due process concerns.
ICE NPRM to Increase the Fee for Removal In Absentia to $18,000
ICE notice of proposed rulemaking (NPRM) to increase the fee for “aliens ordered removed in absentia” established in H.R. 1 from $5,130 to $18,000. It also states that ICE will adjust the fee for inflation each year. Comments are due 6/22/26. (91 FR 29380, 5/20/26)
BIA Holds Change of Venue Requests Made on Day of Individual Hearing Are Less Likely to Establish Good Cause Absent Extraordinary Circumstances
The BIA held that the closer in time a change of venue request is made to an individual hearing, the less likely a party can show good cause, and absent extraordinary circumstances, venue should not be changed on the day of a hearing. Matter of I–B–M–S–, et al., 29 I&N Dec. 628 (BIA 2026)
Practice Pointer: CBP Home’s “Intent to Depart” Function
This practice pointer explains how CBP Home’s “Intent to Depart” function works, outlines the user process, and highlights legal and strategic risks for practitioners advising clients considering app-based self-reporting and departure from the United States.
CA9 Upholds Denial of Asylum as to Sikh Mann Party Member from India
The court held that threats from masked men, two brief beatings, and a short detention of the Sikh Mann party member petitioner did not rise to the level of past persecution, and found he could avoid future persecution by relocating within India. (Singh v. Blanche, 12/1/25, amended 5/15/26)
Take Action: Support the Real Courts Rule of Law Act
The immigration court system is in crisis and Congress must pass urgent reform to maintain judicial independence, reduce the backlog, and ensure due process. Get involved now!
CA6 Holds That Cancellation Hardship Determinations Are to Be Reviewed under IIRAIRA Substantial Evidence Standard
The court held that cancellation-of-removal hardship determinations are to be reviewed under the IIRAIRA substantial evidence standard and that the Guatemalan petitioner did not establish exceptional and extremely unusual hardship. (Baltazar Us v. Blanche, 4/29/26)
BIA Finds Proposed PSG of “Married Mexican Women Unable to Leave Their Relationship” Is Not Cognizable
The BIA held that the proposed particular social group (PSG) consisting of “married Mexican women unable to leave their relationship” is not cognizable, and that lawful marriage cannot be presumed from cohabitation or shared children. Matter of V–A–B–, 29 I&N Dec. 621 (BIA 2026)
Practice Alert: Circumvention of Lawful Pathways (CLP) Rule Vacated May 7, 2026
On May 7, 2026, the U.S. District Court for the Northern District of California in East Bay Sanctuary Covenant v. Trump vacated the Circumvention of Lawful Pathways (CLP) rule which was promulgated by the Department of Homeland Security in May 2023.
CA9 Holds That DHS Is Not Constitutionally Required to Translate NTA Address-Update Obligation into Noncitizen’s Native Language
The court held that DHS is not constitutionally required to translate the entirety of a Notice to Appear (NTA), including a noncitizen’s obligation to provide changes of address to the immigration court, to the noncitizen in their native language. (Urquia-Yanez v. Blanche, 5/8/26)
BIA Denies Reconsideration on Corroboration of Unpersuasive Testimony and Reopening for Ineffective Assistance
The BIA denied reconsideration, holding that the IJ properly required corroboration of credible but unpersuasive testimony about an alleged forced abortion in China, and denied reopening absent ineffective assistance of counsel. Matter of Y–H–L–, 29 I&N Dec. 698 (BIA 2026)
BIA Holds That Family’s Emotional and Financial Difficulties Did Not Establish Extreme Hardship and Reverses §212(h) Waiver
The BIA held that emotional and financial difficulties to a respondent’s relatives did not constitute extreme hardship under INA §212(h), and reversed the waiver and adjustment of status grant because his criminal history outweighed his equities. Matter of Best, 29 I&N Dec. 723 (BIA 2026)
CA5 Upholds Denial of Motion to Reopen as to Salvadoran Petitioner Who Failed to Show Changed Country Conditions or Equitable Tolling
The court held that the BIA did not abuse its discretion in denying the Salvadoran’s untimely motion to reopen, finding that his MS-13 father-in-law’s arrest reflected a change in personal circumstances, not changed country conditions excepting the time bar. (Prado-Majano v. Blanche, 5/7/26)
ICE NPRM Increasing Fee for Form I-246, Application for a Stay of Deportation or Removal
ICE notice of proposed rulemaking that would increase the fee for adjudicating Form I-246, Application for a Stay of Deportation or Removal, from $155 to $755, representing a 387% increase. Comments are due 7/6/26. (91 FR 24739, 5/7/26)
BIA Holds That “Arrival” in Serious Nonpolitical Crime Bar Refers to Noncitizen’s Most Recent Arrival in the United States
The BIA held that the words “arrival” and “arrived” in the serious nonpolitical crime bar provisions at INA §§208(b)(2)(A)(iii) and 241(b)(3)(B)(iii) refer to the noncitizen’s most recent arrival in the United States. Matter of C–P–Y–, 29 I&N Dec. 610 (BIA 2026)
CA7 Finds It Lacks Jurisdiction to Review Asylum Timeliness Determination and Denies Petitioner’s Withholding Claim
The court held that it lacked jurisdiction to review the agency’s denial of asylum as untimely where petitioner failed to engage with the government’s jurisdictional challenge, and found that substantial evidence supported the denial of withholding of removal. (Mohammed v. Blanche, 5/5/26)
CA4 Finds IJs Failed to Develop Record for Pro Se, Detained Noncitizen Seeking Waiver, Asylum, and Related Relief
The court held that two IJs failed to fulfill their statutory duty to develop the record for a pro se, detained respondent seeking a waiver under INA §209(c), asylum, withholding, and CAT deferral by failing to explain key legal standards and his procedural rights. (Diahn v. Blanche, 5/5/26)
BIA Finds No Clear Probability of Torture or Government Acquiescence in Mexico Based on Speculative and Generalized Evidence
The BIA held that the respondent did not establish eligibility for CAT protection because he failed to show a clear probability of harm rising to the level of torture by gang or cartel members and did not show government acquiescence to torture. Matter of J–E–L–, 29 I&N Dec. 605 (BIA 2026)
BIA Finds Incompetent Withholding-Only Applicant Received Adequate Safeguards and Denies Withholding Absent Particularized Risk
The BIA held that a withholding-only applicant found incompetent received adequate safeguards through a qualified representative and failed to show a particularized risk tied to a mental health-based particular social group (PSG). Matter of C–L–R–, 29 I&N Dec. 726 (BIA 2026)