Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on November 3, 2026.
11/3/26
Accessible to Public.
Practice Resources
AILA’s EB-5 Committee provides guidance on regional center investor filings after September 30, 2026, detailing filing deadlines, benefit risks, investment recovery, and upcoming costs. EB-5 investors may file after September 30 but face reduced grandfathering protection if the program lapses.
Accessible to: Member, Student, Paralegal.
Cases & Decisions, DOJ/EOIR Cases
The BIA held the IJ inadequately assessed flight risk by failing to address evidence concerning the respondent’s marriage, path to lawful status, residence, and sponsor, and that a pending asylum application alone does not mitigate flight risk. Matter of N–L–U–, 30 I&N Dec. 195 (BIA 2026)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, DOJ/EOIR Cases
The BIA held that the IJ erred in granting LPR cancellation as a matter of discretion because the respondent’s serious criminal history outweighed his positive equities and he presented no objective evidence of rehabilitation. Matter of Mata Rodriguez, 30 I&N Dec. 191 (BIA 2026)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, DOJ/EOIR Cases
The BIA held that the IJ’s finding of likely future torture was speculative where generalized country conditions evidence failed to establish a particularized risk or support the IJ’s finding that the respondent could not internally relocate. Matter of K–Y–V–R–, 30 I&N Dec. 203 (BIA 2026)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases
The court held it lacked jurisdiction over a petition challenging only an IJ’s negative reasonable-fear determination and recognized that Riley v. Bondi abrogated precedent permitting standalone review of withholding and CAT rulings. (Castro-Fuentes v. Blanche, 10/27/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases
The court held that reinstatement orders remain reviewable after Riley but dismissed the petition as untimely, assuming without deciding that equitable tolling was available and finding that no extraordinary circumstance prevented timely filing. (Vizguerra-Ramirez v. Blanche, 10/26/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
AILA Announcements
Join AILA on November 17, 2026, to tackle the asylum one-year filing bar. Learn to identify changed and extraordinary circumstances, satisfy the reasonable-period requirement, document exceptions, avoid pretermission, and address recent adjudication trends.
11/3/26
Accessible to Public.
Agency Memos & Announcements
The Office of Foreign Labor Certification (OFLC) announced the annual determination of labor supply states (LSS). Changes include adding Texas to Michigan's Labor Supply Matrix and removing South Dakota from North Dakota's Labor Supply Matrix.
Accessible to Public.
AILA Blog
AILA member Vaman Kidambi encourages everyone eligible to vote, writing “Rejecting past appeals to anger or fear, consider how your vote is likely to affect the defenseless, the vulnerable, the unrepresented, and those who will inherit the future.”
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases
The BIA reaffirmed Matter of Yauri, holding that it generally will not exercise its discretion to reopen proceedings sua sponte for an arriving alien to pursue adjustment of status before USCIS. Matter of Pierre-Louis, 30 I&N Dec. 212 (BIA 2026)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on November 2, 2026.
11/2/26
Accessible to Public.
FR Regulations & Notices
DOL notice of availability and request for comments on the Housing Occupancy Certificate required under the Migrant and Seasonal Agricultural Worker Protection Act. Comments are due 11/30/26. (91 FR 68558, 10/30/26)
Accessible to Public.
Use this reference guide to quickly see a list of the AILA books, conference handbooks, and other primary and secondary sources included with a subscription to AILALink, our online immigration law library complete with the resources essential for practicing immigration law.
10/30/26
AILA Doc. No. 18022290.
Accessible to Public.
FR Regulations & Notices
USCIS notice of the creation of a new Form I-936, Request for Waiver of Electronic Filing Requirement. Comments are due 11/30/26. (91 FR 68532, 10/30/26)
10/30/26
AILA Doc. No. 26103000.
Waivers
Accessible to Public.
FR Regulations & Notices
DHS final rule allowing Freedom of Information Act (FOIA) and Privacy Act of 1974 requesters to submit electronic payments via the Department's FOIA processing system on pay.gov or as otherwise directed by DHS and its components. The rule is effective 11/30/26. (91 FR 68447, 10/30/26)
10/30/26
AILA Doc. No. 26103066.
Accessible to Public.
Practice Resources
Effective October 23, 2026, DOS has ordered non-emergency U.S. government employees and their families to leave Saudi Arabia, amid Houthi attacks. Emergency consular assistance is available, but members should confirm routine appointment availability before clients travel for services.
Accessible to: Member, Student, Paralegal.
Cases & Decisions, Federal Court Cases
The court held that the agency misunderstood the petitioner’s particular social group based on his bisexual orientation and erred by failing to give petitioner notice and a meaningful opportunity to present additional corroborating evidence to support his claim. (A.M. v. Blanche, 10/23/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases
The court held that past persecution creates no presumption of future torture under the CAT, that substantial-evidence review governs CAT eligibility, and that the BIA may assess new evidence for reliability and probative value when deciding whether to remand. (Zahid v. Blanche, 10/20/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, DOJ/EOIR Cases
The BIA reversed the IJ’s credibility finding and held that DHS proved by clear and convincing evidence the returning LPR engaged in illegal activity after departure and there was reason to believe she knowingly trafficked drugs. Matter of Ozuna Mendoza, 30 I&N Dec. 177 (BIA 2026)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, DOJ/EOIR Cases
The BIA held that a conviction for assault and battery in the second degree in South Carolina, which requires a reckless mental state and the actual or attempted infliction of “moderate bodily injury,” is categorically for a CIMT. Matter of Mercader, 30 I&N Dec. 185 (BIA 2026)
Accessible to: Member, Student, Govt/Policy, Paralegal.
AILA Announcements
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 30, 2026.
10/30/26
Accessible to Public.
AILA Announcements
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.
10/30/26
Accessible to Public.
Agency Memos & Announcements
ICE posted ERO Delegation Order DO99-004 to the agency’s FOIA page. The order delegates authority to FODS, DFODs, and AFODs to revoke the release of certain individuals released on Orders of Supervision, even if there is no "significant likelihood of removal in the reasonably foreseeable future."
Accessible to Public.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 29, 2026.
10/29/26
Accessible to Public.
Agency Memos & Announcements
EOIR announced the swearing in of 22 immigration judges and 4 temporary immigration judges. EOIR also provided biographical information for the new judges.
Accessible to Public.
FR Regulations & Notices
DOJ notice of revision of Forms EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents and EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents. Comments due 11/25/26. (91 FR 53897, 8/20/26; 91 FR 67334, 10/26/26)
Accessible to Public.
AILA Blog
AILA Law Journal author David Grunblatt digs into the so-called “last action rule” shortcut and its implications, explaining that “administrative proxies are not inherently improper...The problem arises when the proxy stops assisting the legal analysis and starts replacing it.”
Accessible to Public.
AILA Public Statements, Press Releases
AILA ED Ben Johnson responded to the U.S. Supreme Court’s declining to take up the case regarding immigration judges’ authority to administratively close cases, stating that the Trump Administration has “coopted the courts to advance its mass deportation campaign.”
Accessible to Public.