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
Practice Alert: Advocating for Clients in ICE's Alternatives to Detention Programs
AILA, AMICA Center for Immigrant Rights, and Just Futures Law provide a comprehensive resource for requesting changes to a client’s reporting and technology requirements enrolled in ICE’s Alternatives to Detentions program, including federal litigation options.
Practice Pointer: Recognizing Matter of Fernandes Issue, How and When to Raise It, and Other Considerations
AILA’s Removal Defense Section updates its practice pointer on Matter of Fernandes and considerations an attorney should keep in mind when raising an objection pursuant to Fernandes.
AILA Meets with USCIS to Discuss Technology, Policy, and Adjudication Updates
AILA's Liaison Committee will meet with USCIS in December 2024 to discuss family nad humanitarian applications and related processing, lockbox operations, and FY2026 H-1B cap registrations. Read the agenda.
CA9 Strikes Down Executive Order That Prohibited FBOs from Servicing ICE Charter Flights at Seattle Airport
The court affirmed the district court’s grant of summary judgment for the United States, concluding that a King County Executive Order (EO) prohibiting fixed base operators (FBOs) from operating ICE charter flights at Boeing Field was unconstitutional. (United States v. King County, 11/29/24)
CA4 Upholds BIA’s Conclusion That Petitioner’s Challenge to IJ’s Particularly Serious Crime Ruling Was Waived
The court upheld the BIA’s conclusion that the petitioner, who had been convicted in Maryland of an identity fraud offense, had not properly challenged the IJ’s determination that he had been convicted of a particularly serious crime barring asylum. (Lamine Kouyate v. Garland, 11/27/24)
Practice Pointer: Filing Administrative Complaints and Requesting Investigations on Behalf of Detainees
AILA provides a practice pointer on how to file an administrative complaint with DHS on behalf of detained and formerly detained noncitizens.
Practice Pointer: DOJ Regulations on Efficient Case and Docket Management in Immigration Proceedings
AILA's EOIR Committee provides a practice pointer on DOJ regulations that codified the ability of EOIR adjudicators to administratively close and terminate removal proceedings when certain standards are met.
CA1 Finds BIA Erred in Determining Record Evidence Was Insufficient to Establish Equitable Tolling
The court concluded that the BIA applied the incorrect legal standard, overlooked certain evidence, and departed from its precedent in determining that the petitioner was not entitled to equitable tolling of the deadline for her appeal to the BIA. (Diaz-Valdez v. Garland, 11/22/24)
Featured Issue: ICE’s Alternatives to Detention Program
This page explains ICE's ATD program, which monitors up to 376,000 non-detained individuals.
Think Immigration: A New Resource for Effective Immigration Court Advocacy
In this blog post, authors Michelle Méndez and Victoria Neilson discuss AILA’s newest book on trial skills and how it can help lawyers prepare and succeed in immigration court proceedings.
AILA's ICE Liaison Committee Meets with ICE
AILA’s ICE Liaison Committee will meet with ICE on November 21, 2024, to discuss topics related to NTA guidance, the CARECEN settlement, admin closure, transfer of detained clients, confiscation and return of original documents, and more. Read the full agenda and key takeaways.
AILA Submits Amicus Urging En Banc Rehearing on Issue of the Phrase "Single Scheme"
AILA submitted an amicus to the Ninth Circuit urging rehearing en banc on the issue of the phrase "single scheme" and addressing the appropriate standard for a three-judge panel to apply when deciding whether it is bound by circuit precedent that relied on Chevron after Loper Bright.
EOIR 60-Day Notice and Comment Request on Form EOIR-40
EOIR 60-day notice and comment request on Form EOIR-40, Application for Suspension of Deportation. Comments are due 1/21/25. (89 FR 91786, 11/20/24)
BIA Holds That Matter of Fernandes Applies Retroactively
The BIA held that Matter of Fernandes’s holding that an objection to a noncompliant Notice to Appear (NTA) will generally be considered timely if raised prior to close of pleadings is not a change in law. Matter of Larios-Gutierrez de Pablo and Pablo-Larios, 28 I&N Dec. 868 (BIA 2024)
Think Immigration: Children Should Not Face Immigration Court Alone
AILA Law Student Member Magdalena López Murphy explains the high stakes for children facing removal or deportation proceedings and the bipartisan effort to establish a children’s court within EOIR to ensure children have fair access to protections and obtain legal representation.
DHS Conducts Removal Flight to the People’s Republic of China
On 11/16/24, DHS, through ICE, conducted a charter removal flight to China, returning Chinese nationals without legal status in the U.S. This action underscores ongoing international cooperation to enforce immigration laws, curb smuggling, and reduce irregular migration.
District Court Approves Settlement in Case Alleging Government’s Family Separation Policy Caused Minors Severe Emotional Distress
A federal district court in California approved the settlement of two minor plaintiffs’ claims, allocating each $220,000 and noting the amounts appeared to be the largest achieved yet by plaintiffs in cases relating to the family separation policy. (P.G., et al. v. United States, 11/18/24)
CA1 Upholds Denial of Asylum as to Salvadoran Petitioner Who Faced Death Threats from the 18-Gang
The court held that substantial evidence supported the agency’s determination that petitioner, who had faced death threats from members of the 18-gang in El Salvador, lacked a well-founded fear of future persecution, and thus upheld the denial of asylum. (Cortez-Mejia v. Garland, 11/15/24)
CA1 Upholds Denial of Asylum as to Petitioner Who Suffered Domestic Abuse in Ecuador
The court held that substantial evidence supported the agency’s determination that petitioner, who suffered domestic abuse in Ecuador, had failed to show past persecution or a well-founded fear of future persecution if she were to return to Ecuador. (Medina-Suguilanda v. Garland, 11/14/24)
CA1 Upholds Asylum Denial as to Petitioner Who Received Multiple Extortionate Death Threats in El Salvador
The court upheld the BIA’s and IJ’s denial of asylum as to petitioner, who had been assaulted by armed assailants in El Salvador and received death threats, finding that he did not meet his burden to demonstrate harm rising to the level of persecution. (Urias-Orellana v. Garland, 11/14/24)
CA9 Holds That BIA Erred in Finding No Nexus Between Salvadoran Petitioner’s Persecution and His Political Opinion
The court held that BIA erred by concluding the petitioner failed to establish a nexus between the persecution he suffered and his political opinion, by mischaracterizing his proposed social group, and by improperly ignoring evidence. (Aleman-Belloso v. Garland, 11/13/24, amended 2/18/25)
CA3 Finds Substantial Evidence Supported Denial of Asylum as to Guatemalan Petitioner Who Was Abused by Violent Ex-Partner
The court rejected the petitioner’s particular social groups (PSGs) consisting of “Guatemalan small business owners, victims of extortion by gang members” and “Guatemalan women viewed as property and unable to escape their violent ex-partners.” (Manuel-Soto v. Att’y Gen., 11/12/24)
Practice Alert: G-56 ERO Call-in Letters and Form I-340 Notice to Obligor for Administratively Closed Removal Cases
AILA members have reported that ICE is issuing G-56 ERO call-in letters and Form I-340 Notice to Obligor to individuals with removal cases that are currently administratively closed. Please share your examples.
Think Immigration: What’s Changed in Immigration Law over the Last Two Years? What Hasn’t!
In this blog post, AILA member Elizabeth Montano details some of the many changes to immigration law and policy over the last two years as she explains why she turns to Kurzban’s Immigration Law Sourcebook for the comprehensive resource she needs to serve her clients.
Time: What Donald Trump’s Win Means For Immigration
Time provides a summary of President-elect Donald Trump's proposed agenda as it relates to American immigration policy.