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Practice Resources

Updated Practice Alert: DOS Expands Online Presence Review to Many NIV Classifications, Including TNs, TDs, and Is

AILA’s DOS Liaison Committee provides a practice alert regarding the expansion of online presence review to many NIV classifications beyond those previously covered.

Accessible to: Paralegal, Student, Member.
Federal Agencies, Litigation Resources, Practice Resources

Practice Advisory: Challenging an Unlawful Removal and Securing the Client's Return

Getting a stay in front of the officers putting clients on planes; fact patterns that make a removal unlawful & cause of action each supports; jurisdictional & equitable defenses the government tends to raise; & once a removal has happened, how to obtain & enforce an order bringing the client back.

Accessible to: Paralegal, Student, Member.
AILA Blog

Think Immigration: For Founders, the O-1A and EB-1A Question Is No Longer “Which One?”

AILA member Remzi Güvenç Kulen examines how recent EB-1A adjudication trends are influencing immigration strategy for founders, emphasizing the role of evidence development, case sequencing, and the relationship between O-1A and EB-1A pathways.

10/6/26 AILA Doc. No. 26100600. EB-1, O & P Visas
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases

BIA Finds Attorney Suspended for AI Hallucinations and False Statements About His AI Use Subject to Reciprocal Discipline

The BIA held an attorney suspended for submitting a brief containing artificial intelligence hallucinations and making false statements to the court regarding his AI use was properly subject to reciprocal discipline and suspended him for six months. Matter of Sethi, 30 I&N Dec. 112 (BIA 2026)

10/5/26 AILA Doc. No. 26100508. Ethics
Accessible to: Govt/Policy, Paralegal, Student, Member.
AILA Public Statements, Press Releases

New Lawsuit Challenges Administration Policies Threatening Green Card Applicants with Family Separation

AILA and partners filed a lawsuit challenging two administration policies that make it significantly harder or impossible for eligible immigrants already living in the United States to obtain lawful permanent residence — commonly known as a green card — without leaving the country.

10/5/26 AILA Doc. No. 26100507. Adjustment of Status
Accessible to Public.
Practice Resources

Practice Pointer: October 2026 Visa Bulletin Briefing

The DOS Liaison Committee provides a briefing on the October 2026 visa bulletin, with discussion of the impact of the 75-country visa pause on advancement and retrogression.

10/5/26 AILA Doc. No. 26100506. Business Immigration, Consular Processing, Family Immigration
Accessible to: Student, Member, Paralegal.
Cases & Decisions, DOJ/EOIR Cases

BIA Holds Respondent Did Not Show He Was Not a Danger to Community Where He Had a DUI Conviction and Recent Arrests

The BIA held that the respondent did not meet his burden to show he was not a danger to the community where he had a conviction and arrests for driving and boating under the influence and a very recent arrest for domestic assault. Matter of Morales Cuxun, 30 I&N Dec. 121 (BIA 2026)

10/5/26 AILA Doc. No. 26100505. Crimes, Detention & Bond
Accessible to: Student, Paralegal, Govt/Policy, Member.
Cases & Decisions, DOJ/EOIR Cases

BIA Holds It Does Not Retain Jurisdiction After Remand and That a Decision Without Another Hearing Did Not Deny Due Process

The BIA held it does not retain jurisdiction after remanding the record to the immigration court, and that IJ’s issuance of a new decision on remand without another hearing did not violate the remand order or deprive respondent of due process. Matter of C–M–H–H–, 30 I&N Dec. 124 (BIA 2026)

10/5/26 AILA Doc. No. 26100504. Asylum & Refugees, Removal & Relief
Accessible to: Govt/Policy, Student, Paralegal, Member.
Agency Memos & Announcements

DOJ Sues State of Maryland and Two Counties Over Mask Ban and ID Requirments for Federal Officers

DOJ filed a suit against the State of Maryland, MD AG Anthony Brown, the MD Police Training and Standards Commission, Prince George’s County, and Montgomery County, over laws that require federal officers to provide identification and prohibit them from wearing masks. (U.S.A. v. Maryland, 10/1/26)

10/5/26 AILA Doc. No. 26100503.
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases

BIA Finds IJ Properly Denied Cancellation Where Significant Equities Were Outweighed by Criminal Conduct and Lack of Candor

The BIA held the IJ properly denied cancellation under INA §240A(a) in exercising discretion, where respondent’s significant equities were outweighed by money laundering and alien smuggling, a child abuse conviction, and lack of candor. Matter of Cornejo-Aguilar, 30 I&N Dec. 105 (BIA 2026)

10/5/26 AILA Doc. No. 26100502. Cancellation, Suspension & 212(c), Crimes, Removal & Relief
Accessible to: Student, Member, Paralegal, Govt/Policy.
Agency Memos & Announcements

E-Verify Records Last Updated On or Before 12/31/16 Scheduled for Disposal

E-Verify announced that on 1/11/27, USCIS will dispose of E-Verify records for cases last updated on or before 12/31/16. Employers have until 1/8/27 to download effected case records from E-Verify.

10/5/26 AILA Doc. No. 26100501. Employer Compliance
Accessible to Public.
Immigration News

Daily Immigration News Clips - October 5, 2026

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

10/5/26
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases

BIA Holds That IJs May Pretermit Application for Asylum and Withholding Without Filing of Motion by DHS

The BIA held that an IJ may pretermit an application for asylum and withholding of removal without the filing of a motion by DHS, and affirmed the pretermission where the respondent did not set forth prima facie claims for the relief sought. Matter of G–R–B–, 30 I&N Dec. 102 (BIA 2026)

10/5/26 AILA Doc. No. 26100500. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Paralegal, Govt/Policy.