Tagged #removal-defense
Every article we've published on this topic, sorted by the agency's own announcement date.
Bond Hearings Stripped for Immigrants Who Entered Without Inspection
A September 2025 Board of Immigration Appeals ruling has eliminated judicial discretion to grant bond to detained immigrants who entered the country without passing through a port of entry. Practitioners must adjust client advisory and release strategies.
AILA Policy Brief: America Needs Independent, Fair, and Efficient Immigration Courts
AILA calls for legislative reforms to insulate immigration courts from executive branch control, ban courthouse enforcement actions, and fully fund the judiciary. The brief highlights structural threats to due process and judicial independence.
Federal Judge Dismisses Tennessee Immigration Law Challenge on Standing Grounds
U.S. District Court Judge Eli Richardson ruled plaintiffs lacked standing to challenge Tennessee's new state immigration crime law. The decision leaves the door open for future challenges but signals procedural hurdles for similar litigation.
New York Immigration Courts Adopt Rapid-Schedule Bulk Hearings: What You Need to Know
Immigration courts in New York are scheduling bulk hearings with minimal notice, creating coordination challenges for practitioners, interpreters, and respondents across multiple jurisdictions.
Federal Court Halts Most ICE Arrests Inside NYC Immigration Courthouses
A federal judge granted a stay in African Communities Together v. Todd Lyons, largely prohibiting ICE from conducting enforcement actions at three Manhattan immigration court locations after the government admitted to having no legal justification for courthouse arrests.
BIA Reverses Decade-Old Fraud Waiver Precedent in Matter of Fortjoe
The Board of Immigration Appeals has overturned a longstanding precedent that broadly waived fraud grounds of removability, clarifying eligibility for section 237(a)(1)(H) waivers and affecting removal defense strategy.
5th Circuit upholds Trump administration's mandatory detention policy
The Fifth Circuit Court of Appeals ruled that DHS can detain non-citizens without bond hearings under the "applicants for admission" interpretation, marking the first appellate court decision upholding the policy.
EOIR Issues Interim Final Rule Restructuring BIA Appellate Review
EOIR's February 2026 interim final rule makes BIA merits review discretionary, shortens appeal deadlines from 30 to 10 days, and streamlines briefing schedules. The rule has faced immediate legal challenge.
CAT Protection: When Asylum Is Barred and Torture Is the Only Argument Left
How Convention Against Torture relief works in U.S. removal proceedings — the no-bars structure, the 'acquiescence' element, and the difference between withholding and deferral.