Recent Postings

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Cases & Decisions, DOJ/EOIR Cases

BIA Denies Reopening Where Respondent Did Not Show Hardship for §212(h) Waiver or Warrant a Favorable Exercise of Discretion

The BIA held that the respondent did not show the extreme hardship required for a §212(h) waiver, let alone exceptional and extremely unusual hardship, and that his equities were outweighed by adverse factors, including sexual crime convictions. Matter of Y–S–P–T–, 29 I&N Dec. 776 (BIA 2026)

7/24/26 AILA Doc. No. 26072401. Adjustment of Status, Crimes, Removal & Relief, Waivers
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA4 Holds Deferred Enforced Departure Is Not an Immigration Status for LPR Cancellation’s Seven-Year Residence Requirement

The court held that Deferred Enforced Departure (DED) is not an immigration status, so even if petitioner was admitted when she returned under DED, she was not “admitted in any status” under INA §240A(a)(2) and did not meet the seven-year residence requirement. (Cisneros v. Blanche, 7/17/26)

7/24/26 AILA Doc. No. 26072300. Cancellation, Suspension & 212(c), Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
AILA Blog

Think Immigration: Trump Moves to Weaponize Decades-Old “Alien Terrorist Removal Court”

AILA Member Eric Lee describes how a 30-year-old, never-used tribunal may be weaponized by the Trump Administration, writing that “its use today should be concerning to all as there are significant implications for the core liberty interests and first amendment rights of implicated non-citizens.”

7/24/26 AILA Doc. No. 26072400.
Accessible to Public.
AILA Announcements

Take Your Advocacy Beyond the Agencies

When agency remedies are exhausted, federal court may be your client’s last option. The updated Litigating Immigration Cases in Federal Court provides practical guidance, sample filings, and expert strategies to help you litigate with confidence. Order your copy today.

7/24/26
Accessible to Public.
Practice Resources

Practice Alert: USCIS Alerts Applicants of Form I-765 Revocations and Form I-131 Terminations

AILA's USCIS Operations Committee seeks examples of instances where a revocation of an EAD or termination of an AP were issued while the underlying benefit remains pending or where the actual EAD/AP remained pending at the time of revocation or termination. Please submit examples to reports@aila.org

7/23/26 AILA Doc. No. 26072303. Adjustment of Status, Asylum & Refugees
Accessible to: Member, Student, Paralegal.
AILA Announcements

Take Action: Support the Real Courts Rule of Law Act

The immigration court system is in crisis and Congress must pass urgent reform to maintain judicial independence, reduce the backlog, and ensure due process. Get involved now!

7/23/26 AILA Doc. No. 26051201. Removal & Relief
Accessible to Public.
Client Flyers

Client Flyer: Freedom of Information Act (FOIA) Requests for Immigration Cases

AILA provides a flyer to help your clients understand how and why to submit a FOIA request for their immigration case. The flyer is available as a generic PDF version and a Word version you can customize with your firm's information. Please share.

7/23/26 AILA Doc. No. 26072302.
Accessible to: Member, Student, Paralegal.
Practice Resources

Practice Alert: Federal Court Temporarily Halts USCIS Implementation of H.R. 1 TPS Work Authorization Changes

On July 21, 2026, the U.S. District Court for the District of Massachusetts issued a temporary stay preventing USCIS from retroactively implementing certain provisions of H.R. 1.

Accessible to: Member, Student, Paralegal.
Featured Issues

Featured Issue: Establishing a Fair and Independent Immigration Court

Immigration courts face a profound structural problem—they operate under DOJ and are therefore extremely vulnerable to political interference. This page collects resources, updates, and opportunities to advocate for establishing an independent immigration court with the Real Courts, Rule of Law Act.

7/23/26 AILA Doc. No. 26030602. Removal & Relief
Accessible to Public.
Immigration News

Daily Immigration News Clips - July 23, 2026

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 23, 2026.

7/23/26
Accessible to Public.
Practice Resources

Practice Pointer: DHS Ends Duration of Status and Adopts Fixed Admission Periods for Certain Nonimmigrant Statuses

AILA’s Student Visa Taskforce provides an overview of the DHS final rule changing the admission period in the F, J, and I classifications from duration of status to an admission for a fixed time period, with tips for practitioners going forward.

7/23/26 AILA Doc. No. 26072003. Admissions & Border, Business Immigration, Students & Schools
Accessible to: Member, Student, Paralegal.
Professional Resources

Federal Ethics Resources

A compilation of federal ethics resources from DHS, USCIS, and EOIR including contact information of the disciplinary office, rules and procedures of professional conduct and selected articles and publications.

7/22/26 AILA Doc. No. 12071243. Ethics
Accessible to: Member, Paralegal.
Practice Resources

Practice Pointer: Questions and Answers from AC26 Panel “Advanced VAWA Practice”

AILA’s VAWA, Us, and Ts Committee shares this practice pointer with questions asked during the AC26 panel “Advanced VAWA Practice” and related responses. Key points addressed include evidence of abuse, VAWA filing strategy and eligibility, and VAWA petitioners in removal proceedings.

7/22/26 AILA Doc. No. 26072266. VAWA
Accessible to: Member, Student, Paralegal.
Cases & Decisions

District Court Grants Emergency Relief and Temporarily Blocks Policies Threatening Work Authorization for TPS Holders and Asylum Seekers

On July 22, a federal judge issued an administrative stay in an APA and due process challenge to USCIS policies affecting TPS holders and asylum seekers. The order temporarily preserves work authorization while the court considers broader relief, with a decision expected by August 5.

Accessible to Public.
Immigration News

Daily Immigration News Clips - July 22, 2026

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 22, 2026.

7/22/26
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases

BIA Vacates CAT Deferral Where IJ Relied on Generalized Country Conditions and Overlooked Applicant’s Individualized Circumstances

The BIA held that the IJ clearly erred in finding likely torture based on generalized country conditions evidence while overlooking the applicant's individualized circumstances, and that he did not show likely acquiescence by a public official. Matter of H–L–S–M–, 29 I&N Dec. 767 (BIA 2026)

7/22/26 AILA Doc. No. 26072264. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, DOJ/EOIR Cases

BIA Holds That “Brazilian Children” and “Abandoned Brazilian Children” Lack Particularity and Reverses Humanitarian Asylum Grant

The BIA held that “Brazilian children” and “abandoned Brazilian children” lack sufficient particularity and that respondent, who did not show Brazil was unable or unwilling to control perpetrators, was ineligible for humanitarian asylum. Matter of A–G–O–F–, et al., 29 I&N Dec. 772 (BIA 2026)

7/22/26 AILA Doc. No. 26072262. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA4 Finds Immigration Court Violated Due Process by Preventing Timely Filing of VAWA Motion to Reopen and Denying It as Untimely

The court held that petitioner was denied due process where the immigration court’s electronic filing system and a court clerk prevented him from timely filing his Violence Against Women Act (VAWA) motion to reopen and the agency then denied the motion as untimely. (Burey v. Blanche, 7/14/26)

7/22/26 AILA Doc. No. 26072261. Removal & Relief, VAWA
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, DOJ/EOIR Cases

BIA Vacates CAT Deferral Where IJ Relied on Generalized Country Conditions and Overlooked Applicant’s Individualized Circumstances

The BIA held that the IJ clearly erred in finding likely torture based on generalized country conditions evidence while overlooking the applicant's individualized circumstances, and that he did not show likely acquiescence by a public official. Matter of H–L–S–M–, 29 I&N Dec. 767 (BIA 2026)

7/22/26 AILA Doc. No. 26072200. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Federal Agencies, FR Regulations & Notices

USCIS IFR Codifying H.R. 1 Fees and Requirements Including Penalty for Unpaid Annual Asylum Fee

USCIS IFR implementing certain H.R. 1 fees and requirements, effective 5/29/26. It states USCIS will reject asylum applications if the Annual Asylum Fee is not paid within 30 days of notification, limits validity of EADs under TPS to a year, and more. (91 FR 22952, 4/29/26; 91 FR 45637, 7/21/26)

Accessible to Public.
AILA Announcements

Take Action: Sign Rep. Garcia’s Discharge Petition and Vote YES on the American Dream and Promise Act

AILA and the American Immigration Council urge members to ask Congress to sign Rep. Sylvia Garcia’s discharge petition and bring H.R.1589 - American Dream and Promise Act to a vote. Take action today and ask your Representative to sign the petition and vote YES!

Accessible to Public.
FR Regulations & Notices

DHS Notice of Determination of Waiver for Construction of Border Wall in Arizona (Tucson Sector)

DHS notice that the DHS Secretary has determined it is necessary to waive certain legal requirements in order to construct barriers and roads near the international border in the U.S. Border Patrol Tucson Sector of Arizona. The waiver is effective 7/21/26. (91 FR 45823, 7/21/26)

7/21/26 AILA Doc. No. 26072103. Admissions & Border
Accessible to Public.
Agency Memos & Announcements

EOIR Announces Closure of Batavia Immigration Court on 7/24/26

EOIR announced it will close the Batavia Immigration Court at close of business on 7/24/26. Pending cases will transfer to the Buffalo Immigration Court and will be heard via teleconference. Pleadings, motions, and correspondence should be filed with the Buffalo Court beginning 7/27/26.

7/21/26 AILA Doc. No. 26072102. Removal & Relief
Accessible to Public.
Immigration News

Daily Immigration News Clips - July 21, 2026

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 21, 2026.

7/21/26
Accessible to Public.
AILA Blog

Think Immigration: What the New NIW RFEs Are Really Asking For

AILA Member Remzi Güvenç Kulen describes how practitioners can prepare to address the structural change in the E-2 National Interest Waiver space and avoid RFEs, writing that “USCIS now expects petitioners to clear the underlying EB-2 classification before it reaches the waiver analysis at all.”

7/21/26 AILA Doc. No. 26072101. National Interest Waivers
Accessible to Public.
FR Regulations & Notices

CDC Notice of Extension of Title 42 Order Excluding Travelers Recently In DRC, Uganda, or South Sudan

CDC notice with comment period extending the Title 42 Order that suspends entry for non-citizens who have been in the Democratic Republic of the Congo (DRC), Uganda, or South Sudan within the past 21 days. Comments are due 7/31/26. (91 FR 43636, 7/16/16)

7/21/26 AILA Doc. No. 26072100. Admissions & Border
Accessible to Public.
Agency Memos & Announcements

USCIS Announces FY27 H-1B Cap Reached

U.S. Citizenship and Immigration Services announced that it has has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year 2027.

7/20/26 AILA Doc. No. 26072007. Business Immigration, H-1B & H-1B1 Specialty Occupation
Accessible to Public.
Visa Bulletins

USCIS Adjustment of Status Filing Dates for August 2026

USCIS determined that, for August 2026, applicants in all family-sponsored preference categories must use the Dates for Filing chart, and applicants in all employment-based preference categories must use the Final Action Dates chart.

Accessible to Public.
Practice Resources

Practice Pointer: 540-Day TPS EAD Auto-Extensions Cut Short by OBBBA

Beginning July 22, 2026, OBBBA cuts short TPS EAD automatic extensions. Many TPS holders with A12/C19 EADs who relied on the former 540-day extension will lose work authorization unless a new EAD is issued. Employers should identify affected workers and complete I-9 reverification.

Accessible to: Member, Student, Paralegal.

Visa Bulletin for August 2026

DOS posted the August 2026 Visa Bulletin with updates on “Final Action Dates”, “Dates for Filing”, the Diversity Visa (DV) program, availability of family-sponsored and employment-based visas, EB-1 availability for India, EB-2 availability, Special Immigrant Visas (SIVs), and more.

Accessible to Public.
FR Regulations & Notices

USCIS Final Rule on the Public Charge Ground of Inadmissibility

USCIS final rule rescinding the 2022 regulation on public charge determinations, which instructed USCIS officers to consider specific public benefits when determining if an applicant is likely to become a public charge. The rule is effective 9/18/26. (91 FR 45324, 7/20/26)

Accessible to Public.

Practice Management Resources

The practice of law is a profession, but your law practice is a business. Whether you seek assistance with managing your work flow, obtaining new clients, dealing with staff, enhancing finances, or incorporating technology, AILA resources can help you achieve even greater success.

Accessible to: Member, Paralegal.
Immigration News

Daily Immigration News Clips - July 20, 2026

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 20, 2026.

7/20/26
Accessible to Public.
Federal Court Cases

D.C. Circuit Allows Expansion of Expedited Removal

The D.C. Circuit granted the government's renewed motion in Make the Road New York v. Mullin to have the expanded expedited removal policy take effect immediately. The expansion designation is now unblocked and in effect. (Make the Road New York v. Mullin, 7/17/16)

7/20/26 AILA Doc. No. 26062463. Admissions & Border, Removal & Relief
Accessible to Public.
Agency Memos & Announcements

DOS Publishes Announcement and FAQs on Transitioning U.S. Visa Services in Africa to Regional Hubs

DOS published an announcement with FAQs about the department’s plans to transition visa operations in Africa to regional hubs beginning 8/1/26.

7/20/26 AILA Doc. No. 26072000. Consular Processing
Accessible to Public.