Jeremy McKinney

Translation: Biden’s reg tried to end DHS’s absolute veto. Today’s decision maps a detour, ignoring the very rule it’s bound to follow. Expect fresh court fights over administrative closure. Which circuit will clip the Board’s wings first? Stay tuned.

That line effectively elevates DHS objections despite the 2024 regulation that codified a balanced six-factor test and said no single factor controls. The Bondi Board is steering around the reg and leaning on W-Y-U- again.

Avetisyan (2012) let IJs & the BIA close cases even when DHS flat-out refused to consent—killing the old DHS veto. B-N-K- revives that leverage, saying “whether there are persuasive reasons for a case to proceed and be resolved on the merits is the primary consideration.”

BREAKING: Matter of B-N-K-, 29 I&N Dec. 96 (BIA 6 Jun 2025) just landed. Page 98 n.2 blasts Matter of Avetisyan for “minimal explanation” and questions whether it ever deserved precedential respect.
www.justice.gov/eoir/media/1...

Arresting Immigrants Appearing for Immigration Court Hearings Undermines Integrity of the Justice System AILA members are reporting a disturbing rise in ICE arrests at immigration courts across the country. AILA President Kelli Stump, responded to the reports, noting “This is a flagrant betrayal of basi...

NEW from @aila.org - Reports across the country of people being targeted, arrested, and detained at immigration court. “The courts must be a place where justice is pursued, not perverted,” states AILA President Kelli Stump. bit.ly/4msBd69

BREAKING: BIA’s Matter of Q. Li hands DHS a blank check for mass detention. Nabbed at the border—even miles inside—you’re an “arriving alien” under INA § 235(b) → mandatory lock-up, no bond. Parole revoked? Straight back in cuffs. www.justice.gov/eoir/media/1...

“Unable or unwilling” case: 4th Circuit grants PFR in Garcia Chavez because BIA shrugged off unrebutted testimony + evidence of El Salvador’s failure to protect a survivor of gang-baked gender violence. Credible evidence matters; rubber-stamping doesn’t. 🔗 www.ca4.uscourts.gov/opinions/241...

AILA Statement: Trump Administration Lays Trap with Self-Deportation Offer In response to the DHS announcement of a “stipend” for people choosing to self-deport from the United States, AILA cautioned individuals noting that “No one should accept this without first obtaining ...

“The government’s recent offer of $1,000 to individuals who voluntarily leave the U.S. is not as simple—or as safe—as it sounds. It is a deeply misleading and unethical trick.” Read more in a new statement from @aila.org. bit.ly/44VSrm0

With record EOIR backlogs (2.7M pending cases) and one-judge BIA rulings, courts must exercise meaningful review. Otherwise, immigration law becomes whatever the agency says it is—not what Congress intended.

Substantial evidence is objective, but it’s deeply deferential—and in practice, shields agency error. The standard of review often decides the case.

Today’s Fourth Circuit decision in Ibarra v. Bondi wrongly applied substantial evidence review to a mixed question of law and fact. www.ca4.uscourts.gov/opinions/221...

AILA and Members File Litigation Against Arbitrary Mandatory Form Changes Today, AILA and Benach Collopy, LLP, brought litigation in the U.S. District Court of the District of Columbia against the Trump Administration for abruptly implementing immediate form changes that wi...

My clients, colleagues, and I were blindsided by the sudden and immediate change in USCIS forms this week. Tens of thousands of applications could be affected. Thank you @aila.org and Benach Collopy LLP for bringing litigation to try to right this wrong. bit.ly/4itlvEV

Trump Administration Seeks to Implement Registration Requirement AILA President Kelli Stump and Executive Director Ben Johnson respond to the proposed registry requirement, arguing that it will create chaos and fear, and would lead to what amounts to a national ‘sh...

As the Trump Administration seeks to implement registration requirements for foreign-born individuals, @aila.org leadership has cautioned about the dangerous implications
for people of all statuses – including U.S. citizens.
bit.ly/4kkBM10

Unpublished 4th Cir case released today which reverses BIA’s adverse credibility finding in an asylum matter. Too bad it wasn’t published because it’s a good one! www.ca4.uscourts.gov/opinions/231...

I left X for obvious reasons and need to build my audience here 😉.

I’m an @aila.org Past President (2022-2023) who has worked a lot in the immigration court space. I tend to talk a lot about immigration related SCOTUS and 4th Circuit COA cases!

Justice Department fires multiple immigration judges amid case backlog A union representing the judges said it “makes no sense” to make cuts to immigration courts as Trump promises to carry out mass deportations, which must go through the courts.

This is the INEVITABLE result when immigration “courts” lack independence.

www.nbcnews.com/politics/jus...

I’m all for hooking the reader in as much as anyone, but here’s 4 of the last 6 Judge Richardson opinions…too much?

…with the dissenting judge making it clear that style should not overshadow substance. The case itself turned on a procedural timing issue, but the opinion also sparks debate about judicial writing—should opinions prioritize clarity over color?

NEW: a 2-1 4th Cir panel concluded district court could not remand back to state court when an appeal was filed after the district court chose remand but before the remand was mailed. The disagreement was also, in part, about the style of one of the 4th’s judges… www.ca4.uscourts.gov/opinions/241...

Think Immigration: The Rumors Are Flying on Social In this blog post, past AILA President Kathleen Campbell Walker describes how immigration attorneys can help address rumors swirling on social media with accurate information and insights, encouraging...

"I don’t think we are at a more critical juncture to bring facts, rational analysis, and the clear legal and humanitarian translation of impact to the public," writes Kathleen Campbell Walker for @aila.org's #ThinkImmigration blog. Read more: bit.ly/4hTGald

NEW: 4th Circuit panel concludes erroneously denied CAT protection from torture by erred by (1) ignoring relevant evidence and by (2) engaging in improper factfinding about whether the Honduran government would acquiesce to gang torture.

www.ca4.uscourts.gov/opinions/232...

Think Immigration: INTERPOL Red Notice - More from the AILA Law Journal AILA Law Journal author Sandra Grossman digs into updates about INTERPOL Red Notices and the updated article she and Ted Bromund shared in the most recent edition; these notices have a massive impact ...

In a new video blog, AILA Law Journal author Sandra Grossman digs into updates about INTERPOL Red Notices and the massive impact these notices have on affected clients. Watch on #ThinkImmigration: bit.ly/4gDDcB0

Public Notice of Revised Exchange Visitor Skills List The Department of State ("Department") is announcing an update of the Exchange Visitors Skills List ("Skills List"). The Skills List is a list of countries designated by the Secretary of State as clea...

NEW: DOS has updated the Exchange Visitors Skills List. This list supersedes prior lists—J-visitors subject to a prior one at the time of admission not subject to it if their country is not designated in this revised list. Colombia is not on the new list!
www.federalregister.gov/documents/20...

"Everything in the world is gonna change on January 20" -- Tim Miller on his pod today flagged this clip of Stephen Miller outlining Trump's hardline immigration policies, including using the military for deportations. It's a sobering watch.

A relevant tidbit to know about Sen. Sydney Batch, who was just elected the new minority leader of the NC Senate Democrats...