Practice Alert: EOIR Issues Nationwide Guidance on Maldonado Bautista
On January 13, 2026, Chief Immigration Judge Teresa L. Riley issued nationwide guidance instructing all immigration judges that: “Maldonado Bautista is not a nationwide injunction and does not purport to vacate, stay or enjoin Yajure Hurtado.” Immigration judges are instructed to follow the BIA’s decision in Matter of Yajure Hurtado as binding precedent. The guidance from EOIR states that a “declaratory judgment” is not binding and does not have the authority to compel specific action.i
AILA will continue to monitor the situation and provide updates moving forward. If you have specific case examples of courts denying eligibility based on this email, please submit your case examples here.
i Relevant members should still be screening for Guerrero-Orellana class membership because they remain class members even if moved to states outside of New England.