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
Supreme Court Says Voluntary Departure Deadlines Do Not Include Weekends or Holidays
The Supreme Court ruled that individuals with a self-deportation deadline that falls on a weekend or federal holiday may move to reopen their removal cases the following business day. (Monsalvo Velázquez v. Bondi, 4/22/25)
BIA Vacates IJ’s Order Granting CAT Protection to Former MS-13 Gang Member from El Salvador
The BIA held that the applicant, a former MS-13 gang member, failed to show a likelihood of torture in El Salvador based on the government’s state of exception policy, and thus did not meet his burden for Convention Against Torture (CAT) protection. Matter of A–A–R–, 29 I&N Dec. 38 (BIA 2025)
CA4 Holds That BIA Applied Wrong Standard for Deciding Petitioner’s Motion to Reopen
The court held that the BIA erred in finding that the petitioner, who was married after his removal proceedings began, was required to submit “clear and convincing evidence of the bona fides of the marriage” to reopen his proceedings to seek adjustment of status. (Hussen v. Bondi, 4/22/25)
Featured Issue: U.S. Immigration Courts under Trump 2.0
The U.S. immigration court system plays a critical role in ensuring due process and fair hearings for people facing deportation. But the Trump Administration has made significant changes that challenge the integrity of these courts. On this page, you will find news and resources on these changes.
Hear from the Authors of Trial Skills for Immigration Court
Trial Skills in Immigration Court: A Practical Guide to Effective Strategies and Tactics is a new title from AILA that will help you prepare to be a zealous advocate for your clients in immigration court. In this short video, authors Michelle Mendez and Victoria Neilson discuss what's inside.
DHS Releases New Nationwide and International Ads on Self-Deportation and Undocumented Migration
DHS Secretary Noem announced new nationwide and international multimillion-dollar ads warning undocumented individuals to leave the United States or otherwise be fined nearly $1,000 per day, imprisoned, and removed.
Update on Third Country Removals – Nationwide Class Certified and Preliminary Injunction Issued
Today, a federal court certified this nationwide class related to third-country removals in DVD v. DHS, litigated by NILA, NWIRP, and HRF.
EOIR Issues Policy Memo Rescinding and Canceling Director’s Memo on Administrative Closure
On 4/18/25, EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-29 rescinding and canceling the 11/22/21 Director’s Memorandum (DM) 22-03, “Administrative Closure,” which provided guidance on the use of administrative closure by EOIR adjudicators.
CA6 Holds District Courts Cannot Adjudicate Naturalization Applications under §336(b) Where Removal Proceedings Are Pending
The court affirmed a district court’s dismissal of plaintiff’s complaint, holding that INA §318 precludes district courts from considering naturalization applications under INA §336(b) while removal proceedings are simultaneously pending against the applicant. (Ebu v. USCIS, et al., 4/16/25)
EOIR Publishes IFR on Reducing the Size of the BIA
EOIR published an interim final rule (IFR) with request for comments amending DOJ regulations relating to the organization of the BIA by reducing the size of the Board to 15 members. The IFR is effective as of 4/14/25, and comments are due by 5/14/25. (90 FR 15525, 4/14/25)
Practice Alert: EOIR Memo on Pretermission of Legally Insufficient Asylum Applications
On April 11, 2025, EOIR published a memo to allow immigration judges to “pretermit” or dismiss legally insufficient asylum applications without a hearing.
EOIR Actively Recruiting and Hiring Attorney Positions
EOIR is actively recruiting and hiring for attorney positions, including an Immigration Judge position (closing on 4/24/25).
New York Times: Pressuring Migrants to 'Self-Deport,' White House Moves to Cancel Social Security Numbers
The Trump Administration has revoked the temporary legal status of hundreds of thousands of immigrants allowed into the country under the Biden Administration. Now, to pressure some of those immigrants and others who had legal status to "self-deport," it is canceling the SSNs they lawfully obtained.
BIA Issues Ruling on PSG Analysis Based on “Former” Status
The BIA held that, where a particular social group (PSG) is defined by “former” status, IJs must ensure the persecutor’s conduct was based on a desire to overcome or animus toward respondent’s membership in a group defined by that status. Matter of O–A–R–G–, et al., 29 I&N Dec. 30 (BIA 2025)
EOIR Issues Policy Memo on Pretermission of Legally Insufficient Asylum Applications
On 4/11/25, EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-28 to provide guidance on the legal standards related to the pretermission of a legally insufficient application for asylum.
CA3 Finds IJ Did Not Abuse His Discretion in Denying Petitioner’s Asylum Application in First Instance and Upon Reconsideration
The court held that the IJ did not act arbitrarily or capriciously in finding that petitioner was not entitled to asylum in the first instance, and that the IJ reconsidered the discretionary denial of asylum in accordance with 8 CFR §1208.16(e) and caselaw. (Thankarasa v. Att’y Gen., 4/10/25)
CA4 Holds That Petitioner’s Conviction for Petit Larceny in Virginia Was a CIMT
The court held that the petitioner’s conviction for petit larceny in violation of Virginia Code §18.2-96 categorically qualified as a crime involving moral turpitude (CIMT), rendering the petitioner ineligible for cancellation of removal. (Chavez v. Bondi, 4/10/25)
DHS to Begin Screening Noncitizens’ Social Media Activity for Antisemitism
USCIS announced that it will begin considering noncitizens’ antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests. The guidance is effective immediately.
District Court TRO Blocks Deportations of Alleged Venezuelan Gang Members under AEA
A Texas federal district court temporarily enjoined the Trump Administration from deporting alleged members of the Venezuelan Tren de Aragua gang under the Alien Enemies Act (AEA). (J.A.V. et al. v. Trump et al., 4/9/25)
DHS Announces Relaunch of Victims of Immigration Crime Engagement (VOICE) Office
At a press conference on 4/9/25, DHS Secretary Kristi Noem, ICE Acting Director Todd Lyons, and Deputy Director Madison Sheahan announced the relaunch of the Victims of Immigration Crime Engagement (VOICE) Office, which will assist victims of crimes committed by undocumented foreign nationals.
CA1 Holds That BIA Failed to Consider Findings from Psychological Report in Denying Cancellation of Removal
The court held that the BIA erred by failing to consider findings in a psychological report assessing the mental health status of petitioners’ child in determining that petitioners did not satisfy the “exceptional and extremely unusual” hardship standard. (Blanco Contreras v. Bondi, 4/9/25)
BIA Holds That 30-Day Appeal Filing Period Is Calculated from Date of IJ’s Oral Decision
The BIA held that when an IJ issues an oral decision, the 30-day appeal filing period is calculated from the date the decision is rendered and is unaffected by the subsequent mailing of a memorandum summarizing the oral decision. Matter of Iskandarani, 29 I&N Dec. 26 (BIA 2025)
CBP’s Carrier Liaison Program Issues Bulletin on “Alien Removals”
CBP’s Carrier Liaison Program issued a bulletin on “alien removals” for carriers transporting passengers under either the Visa Waiver Program (VWP) or the Guam - Commonwealth of the Northern Mariana Islands Visa Waiver Program (G-CMNI VWP).
Call for Examples: Student Visa Revocations & Terminations
AILA is looking for specific examples of individuals who have had their student visa's revoked and SEVIS records terminated. Please complete the survey below. Your response will be collected and reviewed by AILA.
Supreme Court Allows Removal of Venezuelans under the Alien Enemies Act
In a case challenging the transfer of Venezuelan immigrants to an El Salvador prison under the Alien Enemies Act, the Supreme Court vacated the lower court’s orders, allowing the government’s actions to proceed. (Trump v. J.G.G., 4/7/25)