Cases & Decisions, Federal Court Cases
The court vacated the denial of petitioner’s Convention Against Torture (CAT) claim, holding that the BIA abused its discretion by ignoring unrebutted evidence that those who share certain traits of petitioner’s faced an increased likelihood of torture in Guyana. (McDougall v. Bondi, 9/5/25)
Cases & Decisions, DOJ/EOIR Cases
The BIA held the IJ exceeded his authority to consider the circumstances of respondent’s conviction by making an adverse credibility finding as to respondent’s two child victims, in effect finding respondent factually innocent of the crime. Matter of Garcia-Flores, 29 I&N Dec. 230 (BIA 2025)
AILA Announcements
An Overview and Update on The Child Status Protection Act: Will It Ever Grow Up?
9/11/25
Federal Agencies, Agency Memos & Announcements
SAVE's Status Change Report launched in June 2025 as a resource to identify SAVE cases for benefit applicants with an Employment Authorization Document later revoked by DHS. The report data was last updated on 9/9/25 and will continue to be updated bi-weekly as new data becomes available.
Federal Agencies, Agency Memos & Announcements
DOL announced updates to the Administrative Review Board website, including streamlined navigation, better access to research and guidance, and an FAQ page. The stated purpose is to improve workers’ ability to file, track, and process cases and allow the board to act with more transparency.
Federal Agencies, Agency Memos & Announcements
DOL announced that from Friday 9/19/25 at 7:00 PM ET to Sunday, 9/21/25 at 11:00 PM ET, it will be conducting system maintenance on the Foreign Labor Application Gateway (FLAG) System. System users will not be able to access FLAG during this time.
Federal Agencies, Agency Memos & Announcements
OFLC announcement providing information about a 9/10/25 Federal Register notice proposing to revise the application forms, instructions, appendices, and other information associated with the H-2A Temporary Agricultural Program. Comments are due 11/10/25.
Federal Agencies, FR Regulations & Notices
DOL Notice of proposed changes to forms and instructions included in the H-2A Temporary Agricultural Labor Certification Program collection. Comments are due 11/10/25. (90 FR 43640, 9/10/25)
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 10, 2025.
9/10/25
Practice Resources
The USCIS Benefits Policy Committees provides considerations to take given the uptick in USCIS Notices of Intent to Deny (NOID) without first issuing a related Request for Evidence (RFE).
AILA Announcements, Professional Resources
Formerly known as AILA's Marketplace Study, the 2025 AILA Practice Pulse provides AILA members with key insights on business, tech, and well-being trends in immigration law. Download now and see what’s ahead!
AILA Blog
AILA Grassroots Advocacy Associate Paul Rampersaud highlights the 20-year history of AILA Citizenship Day and the ways our members have helped change lives and foster community through this important and inspiring pro bono effort. There is still time to get involved, find out how in this blog post.
Federal Court Cases
DOJ filed a lawsuit against the City of Boston, Massachusetts, as well as its mayor, police department, and police commissioner over its sanctuary city laws. This is one of a number of lawsuits DOJ has brought against sanctuary jurisdictions. (U.S.A. v. Boston, 9/4/25)
9/10/25
AILA Doc. No. 25091032.
Federal Agencies, Agency Memos & Announcements
USCIS released a policy memorandum (PM-602-0190) reminding USCIS officers that they must strictly adhere to the statutes, regulations, and USCIS policy when making inadmissibility determinations, including under the public charge ground.
Federal Agencies, FR Regulations & Notices
EOIR 30-day notice of revision and request for comments on Form EOIR-44, Immigration Practitioner/Organization Complaint Form. EOIR has revised the Privacy Act Notice on the form. Comments are due 10/9/25. (90 FR 43476, 9/9/25)
Practice Resources
AILA’s DOL Liaison Committee provides this practice pointer which highlights key requirements and some state-specific issues to watch for when preparing and posting State Workforce Agencies (SWA) job orders.
Practice Resources
Learn how to protect your money and other banking best practices for firms in this article from the Practice and Professionalism Center.
Practice Resources
DOS declines an invitation to meet with AILA’s DOS Liaison Committee in fall 2025.
Federal Agencies, FR Regulations & Notices
EOIR 30-day notice of revision and request for comments on Form EOIR-26, Notice of Appeal From a Decision of an Immigration Judge. EOIR is revising this form to implement several changes, including filing fee changes enacted under H.R.-1. Comments are due 10/9/25. (90 FR 43477, 9/9/25)
Press Releases
AILA ED Ben Johnson responds to the SCOTUS order temporarily allowing the Trump Administration to continue its indiscriminate immigration enforcement in Los Angeles, noting that "Every American should be gravely concerned that the nation’s highest court has given a green light to racial profiling."
9/9/25
AILA Doc. No. 25090939.
Practice Resources
DOS announced that IV applicants will be required to interview in the consular district for their place of residence, or in their country of nationality, with limited exceptions.
Federal Agencies, Agency Memos & Announcements
AILA provides a continually updated list of press releases announcing deaths in adult immigration detention.
Practice Resources
DOS announced that applicants should schedule NIV appointments in their country of nationality or residence.
Federal Agencies, Agency Memos & Announcements
DOS announed that all available immigrant visas in the Employment-Based Third Preference (EB-3) category and the “Other Workers” (EW) subcategory for fiscal year (FY) 2025 have been issued. Embassies and consulates may not issue visas in these categories until the start of FY 2026 on 10/1/25.
Federal Court Cases
The Supreme Court lifted a temporary injunction on immigration stops in LA for which reasonable suspicion relies only on apparent race or ethnicity; use of Spanish or accented English; presence at certain locations; or occupation. Justice Sotomayor issued a dissent. (Noem v. Vasquez Perdomo, 9/8/25)
Practice Resources
AILA's USCIS Operations Committee provides pointers on uploading evidence to attorneys' myUSCIS accounts prior to USCIS field office interviews. The Committee notes that this pointer is not a "one-size fits all," and recommends research on specific field office practices prior to the interview date.
Practice Resources
AILA’s DOS Liaison Committee provides a practice alert regarding IV exceptions to the June 4, 2025, travel ban for ethnic and religious minorities facing persecution in Iran.
Cases & Decisions, DOJ/EOIR Cases
The BIA held that the existence of a valid, reliable, and credible sponsor is relevant to a determination of flight risk, and that IJs may consider all relevant and probative evidence to determine if the evidence establishes custody factors. Matter of Dobrotvoskii 29 I&N Dec. 211 (BIA 2025)
Cases & Decisions, DOJ/EOIR Cases
The BIA held that, based on the plain language of INA §235(b)(2)(A), IJs lack authority to hear bond requests or to grant bond to noncitizens who are present in the United States without admission. Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025)
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 9, 2025.
9/9/25
Practice Resources
AILA’s DOS Liaison Committee provides a practice alert regarding revisions to 9 FAM 303.8, along with an AI predictive analysis of “unavailable” sections of the FAM.
Federal Agencies, Agency Memos & Announcements
DOS announced that all available immigrant visas in the Employment-Based First Preference (EB-1) category for fiscal year (FY) 2025 have been issued. Embassies and consulates may not issue visas in these categories until the start of the next fiscal year on 10/1/25.
Practice Resources
AILA’s HIAA and DOL Liaison Committees provide a resource concerning the VIBE program utilized by USCIS and DOL.
Federal Agencies, Agency Memos & Announcements
USCIS issued revised guidance in its Policy Manual clarifying that only state and local election officials will be permitted to offer voter registration services at the end of administrative naturalization ceremonies. This guidance applies to ceremonies held on or after 8/29/25.
Federal Agencies, Agency Memos & Announcements
EOIR announced the investiture of three Appellate Immigration Judges who were sworn in on 8/28/25: Sheila E.Gallow, Marcos Gemoets, and Kathleen K. Volkert. The announcement contains biographical information for each of the new Appellate Immigration Judges.
Federal Agencies, FR Regulations & Notices
EOIR announced it will open a new immigration court in Baton Rouge, Louisiana, on 10/20/25. EOIR will provide official advance notice to all parties whose cases are reassigned to the Baton Rouge Immigration Court.
Practice Resources
The AILA Verification and Documentation Committee provides this update alerting members about the validity of employment authorization documents for Venezuelan nationals who were granted Temporary Protected Status under the 2021 and 2023 designations.
Federal Agencies, FR Regulations & Notices
DHS notice that CBP will begin assessing fees pursuant to HR-1, effective 9/30/25, such as new fees for CBP Form I–94 applications and Electronic Visa Update System enrollment, as well as an increased authorization fee for the Electronic System for Travel Authorization. (90 FR 42025, 8/28/25)
AILA Governance
View the schedule of upcoming AILA Board of Governors meetings.
9/8/25
AILA Doc. No. 99900686.
Press Releases
AILA President Jeff Joseph and Executive Director Ben Johnson respond to the BIA decision in Matter of Yajure Hurtado noting that "This decision will put billions of taxpayer dollars in the pockets of private prison companies and irredeemably damage American families, businesses, and communities.”
9/8/25
AILA Doc. No. 25090839.
Federal Agencies, Agency Memos & Announcements
DOS announcement updating instructions for all nonimmigrant visa (NIV) applicants. Applicants must schedule their visa interview appointments at the U.S. Embassy or Consulate in their country of nationality or residence or at the embassy or consulate designated for their country in the announcement.
Practice Resources
AILA’s DOS Liaison Committee provides a practice pointer explaining the process by which the DOS Foreign Affairs Manual (FAM) is revised and updated.
Federal Agencies, Agency Memos & Announcements
EOIR Acting Director Sirce E. Owen released a policy memorandum (PM 25-45) providing guidance regarding EOIR adjudicators’ consideration of constitutional arguments during adjudications.
Federal Agencies, Agency Memos & Announcements
EOIR Acting Director Sirce E. Owen released a policy memorandum (PM 25-44) providing updated guidance on procedures that Immigration Judges must use when going off-the-record during immigration court proceedings. This PM cancels and replaces OPPM 03-06.
Federal Agencies, FR Regulations & Notices
DHS notice that DHS Secretary is terminating the 2021 designation of Venezuela for Temporary Protected Status (TPS). The designation is set to expire 9/10/25, with termination effective 11/7/25. (90 FR 43225, 9/8/25)
Federal Agencies, FR Regulations & Notices
DHS notice announcing new immigration enforcement-related fees established in HR-1 for certain immigration-related violations. DHS will begin assessing and collecting those fees that are administered by DHS in accordance with HR-1, effective 9/8/25. (90 FR 43223, 9/8/25)
Congressional Updates
AILA urges a NO vote on H.R. 3486, the Stop Illegal Entry Act, scheduled for a vote in the House on 9/11/25. This bill imposes disproportionately harsh punishments on illegal entry and reentry. Instead of this extreme, costly and ineffective approach, Congress should enact bipartisan solutions.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 8, 2025.
9/8/25
Cases & Decisions, Federal Court Cases
The court held that the BIA erred in applying the material-support bar to deny the petitioner’s asylum application, finding that petitioner’s cooking was not sufficiently substantial standing alone to help the “Unknown Gunmen” accomplish their terrorist activities. (Ozurumba v. Bondi, 9/2/25)
Practice Resources
AILA is aware of the continued RFEs, NOIDs, and denials stemming from the "wet signature" policy. AILA provides an update to this practice alert and issues a call for examples.