Cases & Decisions, Federal Court Cases
The court held that the BIA erred by imposing a quantitative evidence requirement, where the regulations require it to consider all evidence relevant to the possibility of future torture, and by failing to give reasoned consideration to expert reports. (Parada Calderon v. Blanche, 8/28/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Client Flyers
AILA provides a flyer to help your clients understand the meanings of and differences between lawful status, periods of authorized stay, and unlawful presence. The flyer is available as a generic PDF and a Word document you can customize with your firm's information. Please share.
9/10/26
AILA Doc. No. 26091004.
Accessible to Public.
Practice Resources
AILA’s DOL H-2 Subcommittee is closely following the Supreme Court review of Department of Labor v. Sun Valley Orchards, LLC. This practice pointer provides the current status of the case, including case background, breakdown, practical effects, and potential outcomes of the Court's decision.
Accessible to: Member, Student, Paralegal.
AILA Announcements
In this AILA Law Journal article, Sherry Neal explores how stricter signature requirements can impact case outcomes and create tension between procedural compliance and substantive eligibility. AILA members can access this article and the full journal at no cost as a member benefit.
9/10/26
Accessible to Public.
Practice Resources
Temporary Protected Status (TPS) for El Salvador was set to expire on September 9, 2026, however DHS has not issued an official decision on the status of TPS El Salvador. Please see alert for details and clarification on what is currently known on the status of TPS for El Salvador.
Accessible to Public.
AILA Blog
AILA member Vaman Kidambi shares his delight leafing through his copy of the new 20th anniversary edition of Kurzban’s Immigration Law Sourcebook, marveling that it has now expanded into two volumes and almost 3,500 pages, but remarkably, “the writing remains sharp, practical, and concise.”
Accessible to Public.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 10, 2026.
9/10/26
Accessible to Public.
Cases & Decisions, Federal Court Cases
The court held that where the BIA has been notified by DHS that a detained noncitizen’s location differs from the address used to mail a notice of appeal or briefing schedule and no additional reasonable steps are taken, such notice violates due process. (Jacques v. Blanche, 8/28/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases
The court held that the adverse credibility determination lacked substantial evidence because the agency improperly relied on trivial inconsistencies and disregarded significant translation difficulties, and that it also legally erred in denying CAT relief. (Mbueno-Vita v. Blanche, 8/28/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
FR Regulations & Notices
DHS interim final rule, effective 9/4/26, allowing certain U.S.-born children of foreign government employees to register as LPRs, in accordance with E.O. 14418. This expands on existing regulations for children of foreign diplomatic officers. Comments are due 10/5/26. (91 FR 57249, 9/9/26)
Accessible to Public.
AILA Announcements
Don’t miss your chance to help shape AILA’s future offerings. The Products and Services Survey is closing soon, and your input is needed to help us understand which resources are most relevant, useful, and valuable to you. Complete the survey today for a chance to win one of ten $250 gift cards.
9/9/26
Accessible to: Member, Student, Govt/Policy, Paralegal, International Associate.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 9, 2026.
9/9/26
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases
The BIA held that, when mailing a Notice to Appear (NTA) by regular mail, DHS can rely on the most recent address the noncitizen provided, and that written notice of in absentia proceedings is sufficient if mailed to the most recent address provided. Matter of Diji, 30 I&N Dec. 1 (BIA 2026)
Accessible to: Member, Student, Govt/Policy, Paralegal.
AILA Announcements
Stay ahead of evolving consular challenges with AILA’s updated Consular Practice Handbook. Get practical guidance on heightened scrutiny, changing policies, visa delays, complex cases, adverse decisions, and other essential insights for today’s consular practice. Get your copy today.
9/9/26
Accessible to Public.
Agency Memos & Announcements
ICE posted the HSI Emergency Driving Handbook (HSI HB 26-04), dated 7/22/26. It provides policies, procedures, responsibilities, guidelines, and controls for HSI Special Agents and other officers to follow “when engaging in emergency driving while enforcing laws within the scope of their authority.”
9/8/26
AILA Doc. No. 26090813.
Accessible to Public.
Agency Memos & Announcements
SAVE and E-Verify posted updates on the status of EADs for TPS holders from Sudan. Sudan's TPS designation and related benefits are set to terminate on 10/19/26. EADs issued under this designation are extended until 10/19/26.
Accessible to Public.
Agency Memos & Announcements
SAVE and E-Verify posted updates on the status of EADs for TPS holders from Ukraine. TPS designation of Ukraine and related benefits are set to terminate on 10/19/26. EADs issued under this designation are extended until 10/19/26.
Accessible to Public.
Agency Memos & Announcements
EOIR Acting Director Sirce E. Owen issued policy memorandum (PM) 26-07 establishing a uniform policy for the processing of voluntary, in-person duty station transfer requests by EOIR adjudicators.
Accessible to Public.
Agency Memos & Announcements
SAVE and E-Verify posted updated on the status of EADs for TPS holders from El Salvador. TPS designation of El Salvador and related benefits are set to terminate on 9/9/26. EADs issued under this designation are extended until 9/9/26.
Accessible to Public.
Agency Memos & Announcements
USCIS announced it will comply, pending further litigation, with the 8/28/26 district court order in Medani v. Trump temporarily vacating PM-602-0193 and requiring USCIS to resume adjudicating pending adjustment of status applications under the FY26 DV Program for members of the certified class.
Accessible to Public.
AILA Announcements
Oppose USCIS’s proposed $103,265 H-1B cap-subject petition fee. Use AILA’s Advocacy tool to submit your personalized comment by September 24.
Accessible to Public.
AILA Blog
AILA Member Gunda Brost describes recent efforts by the Trump Administration to impose fines on individuals and businesses, writing that such notices “are essentially legal proceedings—not simply bills” and that one must “respond in a timely manner or important rights could be lost.”
Accessible to Public.
Federal Agencies
On September 2, 2026, EOIR conducted an online training that instructed immigration judges on handling requests for continuances. AILA has obtained documents from this training, which have not been released by EOIR.
Accessible to Public.
Agency Memos & Announcements
DHS announced an IFR to expand regulations allowing certain U.S.-born children of foreign diplomatic officers to register as lawful permanent residents to apply to certain children of foreign government employees. An advance copy is available, and DHS amended Form I-485 to reflect the change.
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases
The BIA held that the IJ erred in finding the respondent credible and granting asylum based on his claimed fear of the Taliban in Afghanistan without adequately addressing numerous record inconsistencies, including his credible fear interview. Matter of A–Q–R–K–, 29 I&N Dec. 865 (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 September 8, 2026.
9/8/26
Accessible to Public.
Practice Resources
Following litigation filed by AILA and its members, USCIS will provide a 30-day grace period for the new Forms I-864, I-864A, and I-864EZ. The 8/24/26 version of these forms will be required beginning on October 1, 2026.
Accessible to: Member, Student, Paralegal.
Agency Memos & Announcements
DOJ Justice’s Office of Legal Counsel issued a legal opinion stating that when a state chooses to participate in the Temporary Assistance for Needy Families (TANF) and the Supplemental Security Income (SSI) programs, all state agencies must report known unlawfully present individuals to DHS.
9/3/26
AILA Doc. No. 26090309.
Accessible to Public.
Agency Memos & Announcements
OFLC released a notice that certain employers may be required to make back wage adjustment payments, in compliance with the 8/26/26 order in United Farm Workers v. DOL. The suit challenges the 10/2/25 IFR that established methodology for calculating AEWRs for H–2A Workers in Non-Range Occupations.
Accessible to Public.
AILA Governance
AILA Chapter dues are not deductible as a charitable contribution for federal income tax purposes, although a portion of your Chapter dues may be deductible as a business expense.
9/3/26
AILA Doc. No. 99900695.
Accessible to: Member.
Amicus Briefs/Alerts
AILA argued that adjustment of status is a legal term of art and that Congress did not require applicants under the asylee adjustment statute to maintain current asylum status. (Wassily v. Bondi, 8/31/26)
Accessible to Public.
AILA Public Statements, Press Releases
AILA and immigration law firm Benach Pitney Reilly sued the Trump Administration in the U.S. District Court of the District of Columbia for implementing substantive form changes again, without warning, that will harm potentially thousands of AILA members and their clients.
Accessible to Public.
Federal Court Cases
AILA and immigration law firm Benach Pitney Reilly sued the Trump Administration on behalf of our members for implementing new editions of Forms I-864, I-864A, and I-864EZ on 8/31/26 without any warning or grace period. (AILA v. USCIS, 9/3/26)
Accessible to Public.
Amicus Briefs/Alerts
AILA argued that procedural errors undermined the fairness of removal proceedings. The brief contends that limits on record development, improper BIA fact-finding, and legal errors prevented meaningful review. (Khalil v. Blanche, 8/21/26)
Accessible to Public.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 3, 2026.
9/3/26
Accessible to Public.
Cases & Decisions, Federal Court Cases
The court held a noncitizen is not inadmissible under INA §212(a)(2)(A)(i) based on a vacated conviction, declining to follow Matter of Pickering, and that the regulations governing the timing of voluntary departure are not arbitrary and capricious. (Yanez Piedra v. Blanche, 8/24/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases
The court held that a petition for review challenging only the denial of CAT deferral was moot upon petitioner’s removal to El Salvador, because the reentry bar is not a collateral consequence of CAT denial and ICE Directive No. 11061.1 did not apply. (Mejia-Henriquez v. Att’y Gen., 8/25/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Professional Resources
The Practice & Professionalism Center explains why the Kurzban’s Immigration Law Sourcebook, is the cornerstone of your competency to practice immigration law and highlights the newest research on digital versus paper comprehension.
Accessible to: Member, Student, Paralegal.
Cases & Decisions, Federal Court Cases
The court upheld the BIA’s conclusion that a form order granting a relative asylum, without reasoning or facts, showed no prima facie eligibility for asylum, and found that the Brazilian petitioners showed neither past persecution nor a well-founded fear. (Pereira Alves v. Blanche, 8/24/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.