Recent Postings

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Practice Resources

Practice Pointer: Beyond the Employer’s Control: Using Structural Wood Corp. to Secure H-2B Extensions Under 20 C.F.R. § 655.​​60

AILA’s DOL Liaison Committee provides guidance on using Structural Wood Corp. to support H-2B extension requests based on unforeseeable market changes, including practical tips for documenting requests under 20 C.F.R. § 655.60.

11/11/26 AILA Doc. No. 26111177. Business Immigration, H-2B Temporary Worker
Accessible to: Member, Student, Paralegal.
Cases & Decisions, Federal Court Cases

CA9 Holds That Standalone Petition Challenging Only a CAT Order Does Not Establish Jurisdiction Under INA §242(a)(1)

The court held that a petition challenging only a CAT order, without seeking review of a final removal order, does not invoke jurisdiction under INA §242(a)(1) because a CAT order is not itself a final removal order and does not merge into one. (Navarrete v. Blanche, 3/23/26, amended 11/6/26)

11/11/26 AILA Doc. No. 26032662. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA2 Holds That Clear-Error Review Governs Cancellation of Removal Hardship Determinations

The court held that Toalombo Yanez v. Bondi remains binding on clear-error review of cancellation hardship determinations and that Al Saidi v. Blanche’s suggestion that Urias-Orellana v. Bondi abrogated that standard was dicta. (Diaz v. Blanche, 11/5/26)

11/11/26 AILA Doc. No. 26111176. Cancellation, Suspension & 212(c), Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
AILA Announcements

Sign Up for an AILALink Training

Learn how AILALink is the perfect tool for electronic access to the books and other research resources you need. Sign up for our next group training at 2:00 pm (ET) on Tuesday, November 17.

11/11/26 AILA Doc. No. 15082740.
Accessible to Public.
Sample Briefs

Sample Brief: APA and Mandamus Complaint Challenging Delayed DACA Renewal and Employment Authorization Adjudication

AILA provides a redacted complaint challenging USCIS’s unreasonable delay in adjudicating a DACA renewal and related EAD application and seeking relief under the APA and Mandamus Act.

11/11/26 AILA Doc. No. 26111169. DACA
Accessible to: Member, Student, Paralegal.
AILA Announcements

Explore the Fall 2026 AILA Law Journal

The latest issue of the AILA Law Journal is here! Explore timely insights and perspectives on today’s evolving immigration law and policy landscape. AILA members can access the full digital edition for free. Read now!

11/11/26
Accessible to Public.
Immigration News

Daily Immigration News Clips - November 11, 2026

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on November 11, 2026.

11/11/26
Accessible to Public.
Agency Memos & Announcements

ICE Directive on Firearms and Use of Force

ICE posted to its FOIA library Directive 19009.4: Firearms and Use of Force, issued 7/31/26 and superseding directive Directive 19009.3 (5/26/23). Notably, an officer involved in a shooting and/or who uses deadly force must now be placed on leave until the initial criminal investigation culminates.

11/10/26 AILA Doc. No. 26111004.
Accessible to Public.
AILA Blog

Think Immigration: More Than Forms and Filings—How Kenya Reminded Me That Immigration Begins with Hope

After a humanitarian trip to Kenya, AILA member Hudaidah Bhimdi shares how the hopes of families she met mirrored those of her clients, writing that “behind every form we file is a person carrying hopes, fears, responsibilities, and dreams that will never fully fit into a government application.”

11/10/26 AILA Doc. No. 26111003. Family Immigration
Accessible to Public.
Cases & Decisions, Federal Court Cases

CA4 Holds That Previously Admitted Adjustment Applicants Must Prove Admissibility by a Preponderance of the Evidence

The court held that previously admitted noncitizens seeking adjustment of status in removal proceedings must prove admissibility by a preponderance of the evidence, not clearly and beyond doubt, and that Dakura v. Holder’s contrary statement was dicta. (Nivar Santana v. Blanche, 11/2/26)

11/10/26 AILA Doc. No. 26111002. Adjustment of Status, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, DOJ/EOIR Cases

BIA Holds That Motion to Reopen Filed After Voluntary Departure Period Does Not Lift 10-Year Bar to Cancellation

The BIA held that violating a voluntary departure agreement bars certain immigration benefits for 10 years and that filing a motion to reopen to submit new evidence on a prior cancellation application does not remove those consequences. Matter of Ontiveros-Diaz, 30 I&N Dec. 222 (BIA 2026)

11/10/26 AILA Doc. No. 26111001. Cancellation, Suspension & 212(c), Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Immigration News

Daily Immigration News Clips - November 10, 2026

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on November 10, 2026.

11/10/26
Accessible to Public.
AILA Announcements

Law Student Roundtable: How to Gain Real-World Immigration Law Experience During Law School

On November 11, 2026, law students can learn how to build real-world immigration law experience through internships, clerkships, externships, pro bono work, and professional connections, with practical guidance for strengthening skills, résumés, and career readiness.

11/10/26
Accessible to Public.
AILA Announcements

Navigate PERM with Confidence

From navigating complex requirements to keeping cases on track, AILA’s Guide to PERM Labor Certification provides practical guidance for handling the PERM process. Turn to this trusted resource to strengthen your knowledge and approach each stage with greater confidence. Get your copy today!

11/10/26
Accessible to Public.
AILA Announcements

Register Now: Changes, Changes, Changes Part II: PERMs and Immigrant Petitions

Join AILA on November 12, 2026, for practical guidance on organizational and job changes affecting PERM, I-140, and I-485 cases. Learn when to amend or refile, assess risks, address past changes, and advise clients planning restructures, mergers, acquisitions, or job releveling.

11/10/26
Accessible to Public.
Practice Resources

Practice Pointer: DOJ and DOL Enforcement in PERM Recruitment: The Cloudera and OpenAI/Statsig Settlements

AILA's DOL Committee provides summaries of allegations, legal theories, and settlement agreements, including analysis of certain settlements, and identifies practical controls for employers and immigration counsel administering PERM recruitment. This resource is not meant to be taken as instruction.

11/9/26 AILA Doc. No. 26110901. Business Immigration, Labor Certification (Permanent)
Accessible to: Member, Student, Paralegal.
AILA Announcements

Elevate Your Citizenship Practice

The fully updated second edition of AILA’s U.S. Citizenship and Naturalization Law Toolbox delivers practical insights and essential tools reflecting the latest developments in law, policy, and USCIS practice. Order your copy today!

11/9/26
Accessible to Public.
Memo & Regulatory Comments

AILA and the Council Submit Comment Opposing the Elimination of the 60-Day Grace Period

AILA and the Council submitted a joint comment opposing the proposed rule eliminating the discretionary 60-day grace period following the end of a nonimmigrant worker's employment.

11/9/26 AILA Doc. No. 26110902. Business Immigration, H-1B & H-1B1 Specialty Occupation
Accessible to Public.
Practice Resources

Practice Alert: Immigrant Visa Processing at Consular Posts

AILA’s DOS Liaison Committee provides a chart showing the status of immigrant visa processing at consular posts. The Committee will update the chart as additional information is received. The chart is based on member reports, not verified post conditions, and all developments are subject to change.

11/9/26 AILA Doc. No. 26110900. Business Immigration, Consular Processing, Family Immigration
Accessible to: Member, Student, Paralegal.
Immigration News

Daily Immigration News Clips - November 9, 2026

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on November 9, 2026.

11/9/26
Accessible to Public.
AILA Announcements

Post-Election Immigration Update 2026

On November 10, 2026, join immigration leaders to unpack the election results, explore their potential impact on U.S. immigration policy, and hear AILA’s goals and strategy for the next Congress. This 60-minute Video Roundtable is free and exclusive to AILA members.

11/9/26
Accessible to Public.
AILA Blog

Think Immigration: Could This Be Our Time?

In this blog post, Sarah Lachman describes her hopes for the incoming Congress to end inhumane enforcement, create an Article I immigration court, and pursue real reform, and the opportunities available to discuss and learn with colleagues at the upcoming AILA New York Symposium.

Accessible to Public.
Professional Resources

Meet the Innovators Reshaping Immigration Practice

Read about AILA’s Innovator Spotlight recipients and watch their panel discussion moderated by AILA Board of Governors member Elina Magaly Santana.

11/6/26 AILA Doc. No. 26110603. Practice Management
Accessible to: Member, Student, Paralegal.
Memo & Regulatory Comments

AILA and the Council Submit Comment in Opposition to OPT Fee Proposed Rule

AILA and the Council submitted a joint comment opposing the proposed rule imposing a $70,000 fee for an initial period of OPT, and a fee of $30,000 for any subsequent OPT. AILA and the Council urge DHS to withdraw proposed rule.

Accessible to Public.
Practice Resources

Practice Alert: New Procedure for Obtaining ADIT Stamp

AILA's USCIS Operations Committee shares an updated resource for best practices when clients are in need of an ADIT stamp, including who may request and when.

11/6/26 AILA Doc. No. 23040601.
Accessible to: Member, Student, Paralegal.
Practice Resources

Practice Pointer: Responding to Duplicate USCIS Biometrics Notices for EB-5 Adjustment Applicants

AILA’s EB-5 Investor Committee alerts members that EB-5 AOS applicants may receive multiple biometrics appointment notices without explanation and provides guidance on how to advise clients facing this situation.

11/6/26 AILA Doc. No. 26110601. Adjustment of Status, EB-5 Investors
Accessible to: Member, Student, Paralegal.
Immigration News

Daily Immigration News Clips - November 6, 2026

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on November 6, 2026.

11/6/26
Accessible to Public.
Federal Agencies, Practice Resources

Practice Pointer: Changes to the InfoPass Scheduling System at Local USCIS Field Offices

AILA's USCIS Operations Committee shares updates to the required steps for requesting an InfoPass appointment, including the, now limited, services available during such appointments.

11/6/26 AILA Doc. No. 18020500.
Accessible to: Member, Student, Paralegal.
Practice Resources

Practice Alert: Erroneous Case Status Updates Issue Resolved

USCIS corrected a system issue that caused erroneous case status emails from September 30 through November 3, 2026. AILA provides guidance for members who received inaccurate updates or did not receive expected notices or documents.

Accessible to: Member, Student, Paralegal.
AILA Announcements

Essential Guidance for Family Immigration Practice

The updated edition of Immigration Law and the Family offers practical strategies, legal analysis, and real-world scenarios to help attorneys navigate high-stakes matters where family unity is at stake. Order your copy today!

11/6/26
Accessible to Public.
AILA Announcements

Stay Prepared for Today’s Consular Challenges

Stay prepared with AILA’s updated Consular Practice Handbook, featuring practical guidance for navigating increased scrutiny, evolving visa procedures, administrative processing, and refusals or denials. Get your copy today!

11/5/26
Accessible to Public.
Correspondence

AILA Letter to USCIS Regarding the Loss of Reserved Employment-Based Visa Numbers

AILA sent a letter to USCIS urging the agency to address the underuse and permanent loss of reserved employment-based visa numbers, particularly EB-5 set-asides, through faster case processing, stronger inventory management, and transparent coordination with the Department of State.

11/5/26 AILA Doc. No. 26110502. Business Immigration, EB-5 Investors
Accessible to Public.
Immigration News

Daily Immigration News Clips - November 5, 2026

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on November 5, 2026.

11/5/26
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases

BIA Finds No Amount of Bond Sufficient Given Motor Vehicle Violations, Failure to Show Fixed Address, and Apparent Ineligibility for Relief

The BIA held no amount of bond was sufficient to ensure respondent’s appearance at future hearings given multiple motor vehicle law violations, failure to establish a fixed address, and apparent lack of eligibility for relief from removal. Matter of Cruz Aijiaco, 30 I&N Dec. 218 (BIA 2026)

11/5/26 AILA Doc. No. 26110501. Detention & Bond
Accessible to: Member, Student, Govt/Policy, Paralegal.
Practice Resources

Practice Pointer: Form I-130 Processing Changes and Processing Times

AILA's USCIS Operations Committee provides a brief context around processing times and shifts in policies surrounding Form I-130, including data and practice tips that may be useful when representing clients in family-based cases.

Accessible to: Member, Student, Paralegal.
AILA Announcements

Overcome Shiny Object Syndrome with AILA Software Vendor Evaluation Checklist

On November 18, 2026, learn to use AILA’s Software Vendor Evaluation Checklist to assess technology providers, with a focus on case management systems. Ask better questions, reduce selection risk, and choose software that fits your immigration practice.

11/5/26
Accessible to Public.
AILA Announcements

Registration Now Open: The J-1 Research Scholar Program

Join AILA on November 19, 2026, to explore the J-1 Research Scholar Program with representatives from three designated sponsors. Real case examples illuminate eligibility, sponsor assessments, common disqualifiers, candidate fit, and proactive strategies for reducing compliance risks.

11/5/26
Accessible to Public.
Agency Memos & Announcements

USCIS Policy Memo on Good Moral Character Determination and Failure to Support Dependents, Public Benefits, and Sponsorship

USCIS issued a policy memo (PM-602-0201) on good moral character evaluations for naturalization applicants USCIS deems to have willfully failed to support dependents; failed to meet sponsorship obligations; or obtained public benefits by illegal means or by intentionally avoiding self-sufficiency.

11/4/26 AILA Doc. No. 26110402. Naturalization & Citizenship
Accessible to Public.
AILA Announcements

Fast Access to Essential Provisions

Stay current with AILA’s 2026 INA and CFR editions, featuring updated statutes, regulations, and helpful editorial notes for efficient research. Save with combo options and build a trusted immigration law reference library.

11/4/26
Accessible to Public.
Correspondence

AILA Calls on the 120th Congress to Take Action on Immigration

AILA calls on the 120th Congress to take bold action on immigration by ending the Trump Administration's abuses and enacting solutions to build a faster, fairer, and more secure immigration system that works for Americans and advances the national interest.

11/4/26 AILA Doc. No. 26110401.
Accessible to Public.
AILA Public Statements

Turning Possibility Into Progress

Following the midterm elections, AILA Executive Director Ben Johnson reflects on opportunities ahead for immigration law and the vital role AILA members can play in shaping meaningful change. He outlines AILA’s commitment to advancing practical solutions and preparing members for what comes next.

11/4/26 AILA Doc. No. 26110400.
Accessible to Public.
Immigration News

Daily Immigration News Clips - November 4, 2026

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on November 4, 2026.

11/4/26
Accessible to Public.
Press Releases

AILA Calls on New Congressional Majority to Seize Opportunity to Work Toward Meaningful Immigration Reform to Build American Prosperity

With election results giving Democrats control of Congress, AILA called on the incoming majority to move quickly from campaign promises to concrete action that restores accountability, strengthens the rule of law, and begins the long-overdue work of modernizing America’s immigration system.

11/4/26 AILA Doc. No. 26110461. Congress
Accessible to Public.
AILA Announcements

Breaking Bread Without Breaking Each Other: Finding Connection, Boundaries, and a Little Grace During the Holiday Season

On November 13, 2026, join AILA’s Well-Being Committee for a candid roundtable on navigating holiday gatherings after the election. Share strategies for maintaining relationships across differences, setting healthy boundaries, and finding joy and connection.

11/4/26
Accessible to Public.
AILA Announcements

When Your Immigration Client Is Taken into Custody: Best Practices for Attorneys

On November 13, 2026, learn best practices for responding when an immigration client is unexpectedly detained, including communicating with officers, gathering information, protecting the client’s rights and property, documenting the encounter, and taking immediate next steps.

11/4/26
Accessible to Public.
AILA Announcements

Family Section Quarterly Call

On November 13, 2026, join AILA’s Family Section Steering Committee for a quarterly call featuring practical tips, tricks, and best practices for electronic filing. Connect with peers and strengthen your approach to family immigration practice.

11/4/26
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases

BIA Reverses Asylum Grant Where Unexplained Late Amendments Fundamentally Changed the Claim

The BIA held that the IJ clearly erred in finding the respondent credible where late-filed asylum amendments did not merely add details but completely changed the nature and substance of his original claim, and he did not explain prior omissions. Matter of S–N–K–C–, 30 I&N Dec. 207 (BIA 2026)

11/3/26 AILA Doc. No. 26110309. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, DOJ/EOIR Cases

BIA Reverses LPR Cancellation Grant Where Recent Serious Criminal Conduct Outweighed Favorable Equities

The BIA held that the IJ erred in granting LPR cancellation in discretion by inadequately accounting for the nature, recency, and seriousness of the respondent’s criminal record, including drug convictions and a domestic violence arrest. Matter of Yang, 30 I&N Dec. 199 (BIA 2026)

11/3/26 AILA Doc. No. 26110308. Cancellation, Suspension & 212(c), Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
AILA Public Statements, Press Releases

AILA ED Condemns Trump Administration’s Plans to Deport Afghan Immigrants Back to Danger

AILA ED Ben Johnson responded to reports that the Trump Administration plans to deport scores of Afghan immigrants to Pakistan where they are expected to then be sent back to danger in Afghanistan, stating that “America can enforce its immigration laws without abandoning our values.”

11/3/26 AILA Doc. No. 26110307. Removal & Relief
Accessible to Public.
AILA Blog

Think Immigration: Valid Visa, Denied Entry: Secondary Inspection and Visa Cancellations at U.S. Airports

AILA Member Mustafa Cetin explains what happens when CBP refers travelers to secondary inspection, how visa cancellation, withdrawal, and expedited removal differ, and why reviewing immigration history before travel can head off problems at the airport.

11/3/26 AILA Doc. No. 26110306. Admissions & Border
Accessible to Public.