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
Last Chance: Third-Country Removal Resources, Strategies, and Litigation Updates
Third-country removal policy is evolving fast. Join expert faculty Oct. 23 for the latest litigation updates, key resources, and practical strategies to advocate for clients at risk of TCR. Stay informed and ready to respond.
Think Immigration: An AILA Law Journal Issue for Our Times
AILA Law Journal Editor-in-Chief Cyrus Mehta describes the new edition, writing that the editorial board sought to “bring forward a collection of both original and thought-provoking articles by authors who have creatively advanced topics and ideas that may have received too little attention.”
BIA Declines to Follow Ninth Circuit’s Inherently Unbelievable Standard for Affidavits Supporting Motion to Reopen
The BIA held that the Ninth Circuit’s inherently unbelievable standard conflicts with U.S. Supreme Court precedent, and that IJs and the BIA need not accept as true facts supporting a motion to reopen even if not inherently unbelievable. Matter of J–E–D–C–, 30 I&N Dec. 162 (BIA 2026)
Don't Miss the Third-Country Removal Resources, Strategies, and Litigation Updates
Third-country removal policy is evolving fast. Join expert faculty Oct. 23 for the latest litigation updates, key resources, and practical strategies to advocate for clients at risk of TCR. Stay informed and ready to respond.
BIA Overrules Matter of Sanchez Sosa Continuance Standard and Holds No Presumption Favors a Continuance for a U Visa Petition
The BIA held that no presumption favors a continuance for a prima facie approvable U visa petition and that IJs should apply the Matter of L–A–B–R– test in deciding good cause based on a pending petition or visa availability. Matter of L. Ramirez, 30 I&N Dec. 157 (BIA 2026)
CA8 Upholds Denial of Asylum and Humanitarian Asylum Based on Fundamental Change in Circumstances and Insufficiently Severe Past Harm
The court held that substantial evidence supported the agency’s finding that DHS rebutted the presumption of a well-founded fear of future persecution by showing a fundamental change in circumstances in The Gambia, and affirmed the denial of humanitarian asylum. (Jatta v. Blanche, 10/16/26)
AILA Law Journal, Vol. 8, Number 2, October 2026
The October 2026 edition of the AILA Law Journal is now available.
CA1 Upholds Asylum Denial Where Stalking, Threats, and Emotional Harm Did Not Compel a Finding of Persecution
The court held that substantial evidence supported the findings that the petitioner, stalked for three years in Honduras by a man who threatened her partner, did not establish past persecution or an objectively reasonable fear of future persecution. (Alvarado-Hernandez v. Blanche, 10/15/26)
District Court Approves Class Action Settlement Agreement in Ms. L. v. ICE
The district court approved a class action settlement agreement in a lawsuit relating to families who were apprehended together by the U.S. government at the U.S.-Mexico border between 1/20/17 and 1/20/21, but were then separated and kept apart. (Ms. L., et al. v. ICE, et al., 12/1/23)
Practice Alert: Increased Notice of Appeal Filing Fee & Payments Made before October 1, 2026
AILA's EOIR Committee shares this practice alert regarding an increase in the filing fee for a Notice of Appeal to the BIA from $1,030 to $1,060, effective 10/1/26. This new fee applies based on the date that Notice of Appeal is filed, not the payment date.
DHS and DOJ Final Rule on Civil Penalties for Certain Immigration-Related Violations
DHS and DOJ final rule, effective 10/14/26, for DHS to fine noncitizens for not departing during the VD period or after a final removal order, or for “improperly” entering the U.S. Unlike the IFR, it allows acceptance of late-filed appeals due to mail delivery issues. (91 FR 65390, 10/14/26)
CA3 Holds That Loper Bright Does Not Permit Disregarding Chevron-Era Precedent and That NYPL §130.60(2) Is an Aggravated Felony
The court held that Loper Bright Enterprises v. Raimondo does not permit disregarding its precedent defining sexual abuse of a minor, and that NYPL §130.60(2) categorically matches that aggravated felony, which requires no age differential. (Islam v. Att’y Gen., 10/14/26)
Practice Alert: DHS Interim Final Rule Shortens NOIT Response Period for Refugees to 10 Days
USCIS proposes an interim final rule (IFR) regarding refugee cases USCIS intends to terminate, which significantly shortens the number of days an individual with refugee status has to respond to USCIS notification that it intends to terminate their refugee status.
Leaked EOIR Email Directing Immigration Judges to Continue Charging the Annual Asylum Fee After a Federal District Court Vacated the Fee
A leaked email sent from Chief Immigration Judge Teresa Riley, reported by Pablo Manríquez at Migrant Insider, directs all immigration judges to continue enforcing EOIR’s Annual Asylum Fee even after the Federal District Court for the Maryland District ruled against EOIR's fee collection process.
CA4 Remands Where BIA Discounted New Death Threat Evidence of Nexus to Family-Based Asylum Claim
The court held that the BIA abused its discretion by placing too much weight on the IJ’s pre-death-threat findings and too little weight on the petitioner’s new evidence of death threats, and that there was a nexus between the threats and her family group. (Fajardo-Rivas v. Blanche, 10/13/26)
Practice Alert: Reports of Ramped Up ICE Enforcement in October 2026 and Preparing Clients
The first week of October 2026 marks a new immigration enforcement surge across the U.S., including an operation specific to California called "Operation Safe California." The Administration is implementing increased ICE arrest quotas to out of status individuals even with no criminal history.
CA8 Finds Petitioner’s Due Process Claim Failed Absent Prejudice and That PSG of Honduran Citizens Who Refused Gang Demands Lacked Particularity
The court held that the petitioner’s due process claim failed because she did not show prejudice, and upheld the denial of asylum where her proposed PSG of Honduran citizens who refused to comply with gang demands was not sufficiently particular or recognized. (Alvarenga v. Blanche, 10/8/26)
BIA Holds That Return to a Country of Claimed Persecution under Advance Parole Abandons the Whole Application Absent Compelling Reasons
The BIA held a noncitizen who returns to a country of claimed persecution under advance parole abandons their application for asylum, withholding of removal, and CAT protection absent compelling reasons, and that mandatory bars turn on the record. Matter of M–R–I–, 30 I&N Dec. 137 (BIA 2026)
Practice Advisory: Challenging an Unlawful Removal and Securing the Client's Return
Getting a stay in front of the officers putting clients on planes; fact patterns that make a removal unlawful & cause of action each supports; jurisdictional & equitable defenses the government tends to raise; & once a removal has happened, how to obtain & enforce an order bringing the client back.
AILA Files Amicus Brief in CA11 Challenging Matter of Soram's Interpretation of 237(a)(2)(E)(i)
AILA argues §237(a)(2)(E)(i)’s child abuse provision is not a unitary offense and that endangerment qualifies as child neglect only with a duty of care or conduct beyond non-injurious negligence. (Figueroa-Cruz v. U.S. Att’y Gen., 10/6/26)
BIA Holds It Does Not Retain Jurisdiction After Remand and That a Decision Without Another Hearing Did Not Deny Due Process
The BIA held it does not retain jurisdiction after remanding the record to the immigration court, and that IJ’s issuance of a new decision on remand without another hearing did not violate the remand order or deprive respondent of due process. Matter of C–M–H–H–, 30 I&N Dec. 124 (BIA 2026)
Practice Alert: Third Country Removal Litigation Impacts in D.V.D. v. DHS; Continue Emergency Litigation and Monitor Removal
The U.S. Supreme Court on 9/29/26 allowed third country removals (TCR) to resume, for now. It granted the government's request for a stay of the ruling that a class of noncitizens subject to TCR are entitled to meaningful notice and a chance to raise fears of harm in the third countries.
EOIR Notice of FY27 Inflationary Adjustment for Certain Form Fees Under HR 1
EOIR notice of inflationary fee adjustment of immigration-related filing fees for certain DHS forms filed with EOIR under HR 1 for FY27. Fees will increase for Forms I-485, I-601, and I-821, as well as the Annual Asylum Fee (Form I-589). The new fees are effective 10/1/26. (91 FR 61447, 9/29/26)
BIA Holds That IJs May Pretermit Application for Asylum and Withholding Without Filing of Motion by DHS
The BIA held that an IJ may pretermit an application for asylum and withholding of removal without the filing of a motion by DHS, and affirmed the pretermission where the respondent did not set forth prima facie claims for the relief sought. Matter of G–R–B–, 30 I&N Dec. 102 (BIA 2026)
Policy Brief: Hidden ICE-Run Immigration Courts Threaten Due Process
EOIR is scheduling immigration hearings in DHS-operated spaces not traditionally used as courts. This policy brief explores how the use of these hidden courts threatens due process and judicial independence and offers solutions to ensure immigration courts are independent of political interference.