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
DHS Publishes Privacy Impact Assessment for the CBP Home App
CBP published a Privacy Impact Assessment to address privacy risks in the collection, maintenance, use, and dissemination of the information collected by the CBP Home app, which may include the collection of U.S. citizens’ and lawful permanent residents’ information.
CA6 Holds That Denaturalized Petitioner Is Not Removable for Crime Committed While a U.S. Citizen
The court held that the petitioner could not be removed under INA §237(a)(2)(E)(i) based on his conviction for a crime of child abuse that occurred while he was a U.S. citizen, even though he was later denaturalized. (Gonzalez Castillo v. Bondi, 6/18/25)
CA4 Upholds Cancellation of Removal Denial After Finding EOIR Policy Was Not Binding
The court held that EOIR’s OPPM 17-04 on reserved grants of cancellation of removal was not binding and thus did not create any enforceable right, and that, alternatively, it would not have required a ruling in the petitioner’s case within five days. (Zalaya Orellana v. Bondi, 6/24/25)
CA11 Finds That Honduran Business Owners Targeted for Wealth Is Not a Cognizable PSG
The court upheld the BIA’s denial of asylum, finding that the petitioner’s proposed particular social group (PSG)—Honduran business owners who are “perceived as having wealth” and are “target[s] of threats and extortion by … criminal gangs”—was overly broad. (Ponce v. Att’y Gen., 6/23/25)
SCOTUS Allows DHS to Resume Third-Country Removals Without Advance Notice for Now
The U.S. Supreme Court issued a stay of a district court ruling barring DHS from sending noncitizens to countries where they are not nationals without advance notice as litigation continues. Justice Sotomayor issued a dissent. (Department of Homeland Security, et al. v. D.V.D., et al., 6/23/25)
CA2 Finds Petitioner Derived Citizenship from Mother’s Naturalization Where Paternity Was Not Established by Legitimation
The court held that the Salvadoran petitioner’s paternity was not “established by legitimation” under former INA §321, and thus found that the petitioner derived U.S. citizenship through his mother’s naturalization and was not removable. (Lainez v. Bondi, 6/23/25)
CA7 Upholds Asylum Denial After Finding Petitioner Could Reasonably Relocate within India
The court held that substantial evidence supported the BIA’s conclusion that petitioner could reasonably relocate within India to avoid persecution, and thus that he was ineligible for asylum, withholding of removal, and Convention Against Torture (CAT) protection. (Singh v. Bondi, 6/23/25)
BIA Finds Respondent’s Speculative Eligibility for Adjustment Insufficient to Warrant Termination of Proceedings
The BIA held that termination of removal proceedings is not warranted to allow a respondent to seek adjustment of status under the Cuban Refugee Adjustment Act based on speculation that USCIS will grant them parole under INA §212(d)(5)(A). Matter of Roque-Izada, 29 I&N Dec. 106 (BIA 2025)
BIA Finds IJ Erred in Concluding Respondent Would More Likely Than Not Be Tortured in Detention in Haiti
The BIA concluded that the IJ factually and legally erred in determining that the respondent established that he more likely than not would be tortured in detention in Haiti by or with the acquiescence of a public official upon his removal. Matter of S–S–, 29 I&N Dec. 136 (BIA 2025)
BIA Finds No Monetary Bond Would Be Sufficient to Ensure Applicant’s Appearance at Future Hearings Due to Flight Risk
The BIA held that the applicant’s extensive and lengthy history of immigration law violations showed that she posed a significant flight risk, such that no monetary bond would be sufficient to ensure her appearance at future immigration hearings. Matter of C–M–M–, 29 I&N Dec. 141 (BIA 2025)
Call for Examples – Affirmative I-589 “dismissed” by USCIS because applicant has a prior Expedited Removal Order (Form I-860)
AILA’s Asylum and Refugee Committee has received reports that some affirmative asylum applications are being dismissed by the Asylum Vetting Center on the basis of alleged expedited removal orders. The committee is currently gathering examples to better understand the scope and nature of this issue.
CA2 Holds That Clear Error Is Appropriate Standard of Review for Evaluating Hardship Determinations
The court held that clear error is the appropriate standard of review for evaluating hardship determinations, and upheld the agency’s finding that the petitioner failed to show the hardship required for cancellation of removal under INA §240A(b)(1)(D). (Toalombo Yanez v. Bondi, 6/13/25)
DOJ Files Lawsuit to Stop New York’s Protect Our Courts Act
DOJ filed suit against the state of New York to stop the Protect Our Courts Act, a 2020 state law that prohibits federal officers from conducting civil arrests in or around courthouses without a warrant signed by a judge. (United States v. New York, 6/12/25)
Practice Alert: EOIR Guidance to Immigration Judges on Dismissals and Other Adjudications
On May 30th, 2025, immigration judges nationwide received instructions on how to adjudicate the recent wave of dismissal requests from ICE OPLA. Read this practice alert for the text of the email and accompanying guidance.
BIA Vacates IJ’s Release on Bond Order After Finding Respondent Failed to Show She Was Not a Flight Risk
The BIA held that a grant of withholding of removal that is pending on appeal does not justify release on bond where the factors regarding flight risk weigh strongly against release on bond. Matter of E–Y–F–G–, 29 I&N Dec. 103 (BIA 2025)
CA9 Remands Asylum Claim Where BIA Failed to Consider Impact of Petitioner’s Past Experiences on Her Religious Practice
The court concluded that, in determining whether the Brazilian petitioner experienced harm rising to the level of persecution, neither the BIA nor the IJ considered the impact of petitioner’s past experiences on her ability to freely practice her religion. (De Souza Silva v. Bondi, 6/11/25)
CA9 Remands After BIA Failed to Explain Its Refusal to Consider Petitioner’s Ineffective Assistance Claim
Granting the petition for review, the court concluded that the BIA abused its discretion by failing to offer a reasoned explanation for its determination that it could not or should not review claims of ineffective assistance of counsel before a different tribunal. (Li v. Bondi, 6/10/25)
Take Action: Demand Congress to Protect Due Process and Stop the Administration from Undermining the Integrity of the Immigration Courts
The administration is targeting noncitizens at immigration courts and USCIS field offices through coordinated arrests that violate due process. Urge your Member of Congress to conduct oversight, investigate the interagency abuse, and protect the integrity of the immigration process.
DHS Announces Fine Forgiveness for Noncitizens Who “Self-Deport”
DHS announced that noncitizens who “self-deport” through the CBP Home App will receive forgiveness of any civil fines or penalties for failing to depart the U.S. Currently, individuals can be fined nearly $1,000 per day they do not depart after a final deportation order.
CA7 Finds No Nexus Between Gang Threats and Petitioner’s Membership in “Young Male Salvadorans” Social Group
The court upheld the denial of the petitioner’s asylum and withholding of removal claims, holding that substantial evidence supported the IJ’s conclusion that petitioner failed to establish a nexus between the harm he suffered and his proffered social group. (De Paz-Peraza v. Bondi, 6/9/25)
Presidential Memo on DOD Security for the Protection of DHS Functions
President Trump released a memo on 6/7/25 calling on the National Guard and other Federal service members to protect ICE personnel during immigration enforcement actions. The memo calls for at least 2,000 National Guard personnel to serve for 60 days or at the DOD Secretary’s discretion.
BIA Holds That Pending Application for TPS Generally Will Not Warrant Administrative Closure
The BIA reaffirmed its holding in Matter of W–Y–U–, and concluded that a pending application for Temporary Protected Status (TPS) generally will not warrant a grant of administrative closure. Matter of B–N–K–, 29 I&N Dec. 96 (BIA 2025)
BIA Vacates CAT Grant After Finding No Individualized Risk of Torture for Bisexual Criminal Deportee with Gang Tattoos
The BIA held that the applicant, a bisexual criminal deportee with visible gang tattoos, had not established an individualized risk of torture in detention in El Salvador, and vacated the IJ’s grant of Convention Against Torture (CAT) protection. Matter of A–A–F–V–, 29 I&N Dec. 118 (BIA 2025)
86 Representatives Urge DHS to End Arrests at Immigration Courts
Rep. Dan Goldman (D-NY) led 86 House members in a letter to DHS Secretary and ICE Acting Director expressing concern over ICE enforcement operations at immigration courts and noting that many of those arrested do not have a criminal record.
BIA Holds That IJ’s Predictive Findings on Harm Respondent Would Suffer in Russia Were Speculative
The BIA held that the IJ’s predictive findings on the harm respondent would suffer in Russia based on his travel to the United States and his support for Ukraine were speculative, and vacated the grant of Convention Against Torture (CAT) protection. Matter of E–Z–, 29 I&N Dec. 123 (BIA 2025)