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
BIA Reverses Grant of CAT Deferral as to Applicant Who Cooperated with U.S. Law Enforcement Against Drug Cartel
The BIA found the applicant, who cooperated with law enforcement against CJNG, did not show a clear probability of torture, where his fear was based on unsubstantiated statements from a coconspirator and generalized evidence of cartel violence. Matter of J–C–A–G–, 29 I&N Dec. 331 (BIA 2025)
CA6 Upholds BIA’s Denial of Third Motion to Reopen and Refusal to Reopen Sua Sponte as to Honduran Petitioner
The court upheld the BIA’s denial of the petitioner’s third motion to reopen, rejecting her notice and jurisdictional arguments and finding no abuse of discretion or legal error in the BIA’s refusal to reopen sua sponte. (Vargas-Rodriguez v. Bondi, 9/19/25)
Practice Alert: New EOIR memo outlining court performance standards and priorities
EOIR releases a memo clarifying standard case priorities and releases a new set of court-specific performance standards. The memo states that there will not be a return to individual judge quotas for the time being.
CA1 Remands Where BIA Failed to Address Petitioner’s Risk of Torture by Low-Level Haitian Officials under CAT
The court held that the BIA failed to address the petitioner’s Convention Against Torture (CAT) claim insofar as he based the claim on the risk that lower-level government officials in Haiti would torture him while he was held in a detention facility or prison. (Fleurimond v. Bondi, 9/18/25)
CA6 Upholds Denial of Motion to Reopen After Finding Petitioner Was Ineligible for Rescission or Cancellation
The court held that the BIA did not abuse its discretion in denying the petitioner’s motion to reopen, concluding that the petitioner was not eligible for rescission under INA§240(b)(5)(C)(ii) and that he was not entitled to cancellation of removal. (Guzman-Torralva v. Bondi, 9/17/25)
Twelve Senators on Armed Services Committee Demand Answers from DOD on JAG Corps Members Serving as IJs
Sen. Mazie Hirono (D-HI) led 11 members of the Senate Armed Services Committee in a letter to Department of Defense Judge Advocates General (JAG) Corps leadership expressing concern about the use of military lawyers as temporary immigration judges (IJs).
Rep. Jayapal Leads House Letter Expressing Concern over Military Lawyers Serving as IJs
Rep. Pramila Jayapal (D-WA) led three House members in a letter to Acting EOIR Director Sirce Owen expressing concern over doubling the number of immigration judges (IJs) and using military lawyers, without evidence that they have proper training or expertise to successfully carry out their duties.
BIA Vacates CAT Deferral Where Record Showed Only Generalized Prison Conditions and Gang Violence in Haiti
The BIA held that the IJ erred in granting the respondent deferral of removal under the CAT where the record contained anecdotal reports of bribery in Haitian prisons and generalized violence by gangs against travelers or outsiders. Matter of W–F–, 29 I&N Dec. 319 (BIA 2025)
EOIR Policy Memo (PM 25-49) on Clerical Transfers of Bond Redetermination Requests
EOIR Acting Director Sirce E. Owen released a policy memo (PM 25-49) to provide guidance on clerical transfers of bond redetermination requests.
EOIR Policy Memo (PM 25-50) on OCAHO Case Completion Goals
EOIR Acting Director Sirce E. Owen released a policy memo (PM 25-50) to re-establish case completion goals for the Office of the Chief Administrative Hearing Officer (OCAHO).
EOIR Policy Memo (PM 25-47) on Case Priorities and Immigration Court Performance Measures
EOIR Acting Director Sirce E. Owen released a policy memo (PM 25-47) to clarify and reaffirm EOIR case priorities and performance measures. This PM supersedes and replaces the 1/17/18 Case Priorities and Immigration Court Performance Measures memo and supplements both PM 19-13 and PM 20-07.
EOIR Policy Memo (PM 25-46) on Notice of Hearings
EOIR Acting Director released a policy memo (PM 25-46) setting forth EOIR procedures for providing a notice of hearings to an individual in removal proceedings after a Notice to Appear is issued. The PM cancels and replaces OPPM 97-2, Notices of Immigration Judge Hearings.
EOIR Policy Memorandum (PM 25-48) on EOIR Stakeholder Engagement
EOIR Acting Director Sirce E. Owen released a policy memorandum (PM 25-48) to establish clear guidance for productive stakeholder engagement.
CA5 Holds That INA’s Number Bar on Motions to Reopen Is Not Subject to Equitable Tolling
The court held that equitable tolling is unavailable to the INA’s numerical limit on motions to reopen at INA §240(c)(7)(A), and thus found that the BIA did not err in denying the petitioner’s second motion to reopen. (Garcia Morin v. Bondi, 9/12/25)
DOJ Notice of Withdrawal of 54 Rulemaking Actions
DOJ notice that it is withdrawing 16 Notices of Proposed Rulemaking, Advance Notices of Proposed Rulemaking, and Supplemental Notices of Proposed Rulemaking; as well as 38 other previously announced regulatory actions. These include 16 EOIR items. (90 FR 43948, 9/11/25.)
BIA Holds That IJs May Pretermit Asylum and Related Applications That Do Not Establish Prima Facie Eligibility
The BIA held that if factual allegations in a claim for asylum, withholding, or CAT protection, viewed in the light most favorable to respondent, do not prove prima facie eligibility for relief or protection, an IJ may pretermit the applications. Matter of H—A—A—V—, 29 I&N Dec. 233 (BIA 2025)
BIA Holds That IJs Lack Authority to Hear Bond Requests or Grant Bond to Noncitizens Present Without Admission
The BIA held that, based on the plain language of INA §235(b)(2)(A), IJs lack authority to hear bond requests or to grant bond to noncitizens who are present in the United States without admission. Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025)
EOIR Notice of Revision of Notice of Appeal From a Decision of an Immigration Judge
EOIR 30-day notice of revision and request for comments on Form EOIR-26, Notice of Appeal From a Decision of an Immigration Judge. EOIR is revising this form to implement several changes, including filing fee changes enacted under H.R.-1. Comments are due 10/9/25. (90 FR 43477, 9/9/25)
EOIR Notice of Revision of Immigration Practitioner/Organization Complaint Form
EOIR 30-day notice of revision and request for comments on Form EOIR-44, Immigration Practitioner/Organization Complaint Form. EOIR has revised the Privacy Act Notice on the form. Comments are due 10/9/25. (90 FR 43476, 9/9/25)
CA5 Upholds Denial of Cancellation Based on Hardship and VAWA Claims
The court upheld the BIA’s determination that the petitioner failed to establish eligibility for cancellation of removal based on hardship grounds under INA §240A(b)(1) or based on the Violence Against Women Act (VAWA) under INA §240A(b)(2)(A). (Simantov v. Bondi, 9/8/25)
CA8 Upholds Denial of Motion to Reopen Based on Derivative Citizenship, Competency, and Asylum Claims
The court upheld the BIA’s denial of the petitioner’s motion to reopen, rejecting his derivative citizenship claim, deeming his competency challenge waived, barring his asylum claim under INA §241(b)(3)(B), and finding his T-visa claim moot. (Myers v. Bondi, 9/8/25)
AILA Recommends a NO vote on H.R. 3486 Stop Illegal Entry Act of 2025
AILA urges a NO vote on H.R. 3486, the Stop Illegal Entry Act, scheduled for a vote in the House on 9/11/25. This bill imposes disproportionately harsh punishments on illegal entry and reentry. Instead of this extreme, costly and ineffective approach, Congress should enact bipartisan solutions.
DHS Notice of Certain Immigration Enforcement-Related Fees Required by HR-1
DHS notice announcing new immigration enforcement-related fees established in HR-1 for certain immigration-related violations. DHS will begin assessing and collecting those fees that are administered by DHS in accordance with HR-1, effective 9/8/25. (90 FR 43223, 9/8/25)
EOIR PM on Procedures for Going Off-the-Record During Immigration Court Proceedings
EOIR Acting Director Sirce E. Owen released a policy memorandum (PM 25-44) providing updated guidance on procedures that Immigration Judges must use when going off-the-record during immigration court proceedings. This PM cancels and replaces OPPM 03-06.
EOIR PM on Consideration of Constitutional Arguments in Agency Adjudications
EOIR Acting Director Sirce E. Owen released a policy memorandum (PM 25-45) providing guidance regarding EOIR adjudicators’ consideration of constitutional arguments during adjudications.