Cases & Decisions, DOJ/EOIR Cases
The BIA reversed the grant of asylum and remanded, holding that, based on inconsistencies and omissions in the record, the IJ clearly erred in concluding the applicant presented a credible claim for asylum. Matter of R–A–U–, 29 I&N Dec. 582 (BIA 2026)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Practice Resources
The DOS Liaison Committee provides a briefing on the May 2026 Visa Bulletin, with discussion of USCIS requiring the use of the Final Action Dates chart for employment-based (EB) cases in May, resulting in significant effective retrogression in filing eligibility for many EB cases.
Accessible to: Member, Student, Paralegal.
Cases & Decisions, DOJ/EOIR Cases
The BIA held that to establish a political opinion under the INA, a noncitizen must have an actual or imputed belief or conviction regarding a discrete cause tied to a government, and that opposition to criminal gangs is insufficient. Matter of D–G–E–A– & N–G–G–E–, 29 I&N Dec. 570 (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 April 22, 2026.
4/22/26
Accessible to Public.
Practice Resources
The Nonimmigrant Visa Unit in Tel Aviv has indicated that visa services will resume the week of April 27, 2026.
Accessible to: Member, Student, Paralegal.
Practice Resources
USCIS Operations Committee shares the latest updates on the benefits pause. Reports of NIE approvals have not been received & clear guidance on the procedure has not been issued by USCIS. The ban continues to apply to nationals born in "high-risk" countries, regardless of any other held nationality.
Accessible to: Member, Student, Paralegal.
Featured Issues, Practice Resources
AILA’s DOL Liaison provides a resource page with links to legal authorities, agency guidance and publications, and AILA resources and publications helpful for H-2A practice.
Accessible to Public.
AILA Announcements
Interested in maximizing your AILA membership? Join us on May 1st for our introductory roundtable, where AILA staff and volunteer leaders will provide a comprehensive overview of your benefits and answer any questions.
4/22/26
Accessible to Public.
Liaison Minutes
AILA’s CBP Committee provides key takeaways from the April 16, 2026, meeting with CBP’s Office of Field Operations.
Accessible to: Member, Student, Paralegal.
Practice Resources
Earlier this year, ICE revised its Form I-9 inspection fact sheet in ways that appear to reclassify numerous errors previously treated as technical or procedural deficiencies as substantive violations subject to immediate monetary penalties. Please see this practice pointer for more details.
Accessible to: Member, Student, Paralegal.
Client Flyers
AILA provides a flyer to inform lawful permanent resident clients of their rights if detained at a U.S. port of entry. The flyer is available as PDF and customizable Word versions. Thank you to NAPABA for providing Chinese, Hindi, Hmong, Korean, Tagalog, and Vietnamese translations. Please share.
Accessible to Public.
Amicus Briefs/Alerts
In an amicus brief, AILA argues judicial review of an immigrant petition isn’t barred by INA §242(a)(2)(B)(i) merely because it might support a future or potential adjustment application that doesn’t yet exist, a reading contrary to the statute’s plain language. (Pons-Puig v. USCIS, 7/3/25)
Accessible to Public.
Amicus Briefs/Alerts
AILA amicus brief argues that construction and operation of Alligator Alcatraz immigration detention facility in FL is subject to federal environmental law. Federal authorization is required and must comply with legal obligations. (Friends of the Everglades v. FL Div. of Emergency Mgmnt., 1/27/26)
Accessible to Public.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 21, 2026.
4/21/26
Accessible to Public.
Amicus Briefs/Alerts
AILA along with immigration-rights organizations and clinics filed an amici brief arguing that a person can show her eligibility for asylum by establishing that she was persecuted on account of her status as a Salvadoran woman. (Cruz de Saenz v. Garland, 12/23/24)
Accessible to Public.
Amicus Briefs/Alerts
Amici brief of AILA and 77 law scholars explains to Supreme Court that TPS is a humanitarian program authorized by statute. While the executive has discretion to designate TPS, the law limits termination, which is not permitted while original country conditions persist. (Mullin v. Doe, 4/1/26)
Accessible to Public.
Amicus Briefs/Alerts
AILA and American Immigration Council’s amici brief tells Supreme Court that when LPRs return from abroad and are not chargeable as inadmissible, the government must admit them. The law does not allow the government to parole them instead, leaving their status unresolved. (Bondi v. Lau, 3/27/26)
Accessible to Public.
Amicus Briefs/Alerts
The U.S. government sought to punish Perkins Coie and other firms for refusing to advance its agenda. In an amicus brief, AILA and partner groups explained that these actions unlawfully chilled law firms’ willingness to bring pro bono litigation against the government. (Perkins Coie v. DOJ, 4/2/26)
4/21/26
AILA Doc. No. 26042134.
Accessible to Public.
Amicus Briefs/Alerts
In an amicus brief, AILA and the Center for Gender and Refugee Studies (CGRS) argue persecution based on a woman’s status as a Salvadoran woman supports a cognizable asylum claim, and that the BIA may not exclude gender based violence from qualifying persecution. (Gutierrez Flores v. Bondi, 2/20/26)
Accessible to Public.
Amicus Briefs/Alerts
AILA and American Immigration Council’s amicus brief argues that when a consular officer enters §221(g) refusal and places visa application in prolonged administrative processing, applicants may seek judicial relief for unreasonable delay when no further action is taken. (Mehneh v. Rubio, 7/28/25)
Accessible to Public.
Amicus Briefs/Alerts
The petitioner was forced to proceed in reasonable fear interview and immigration judge review without counsel, despite asking to contact his attorney. AILA and Public Counsel stress the critical role of counsel and the high stakes for pro se detainees. (Amador Canacas v. Bondi, 4/9/26)
Accessible to Public.
Amicus Briefs/Alerts
In OCAHO proceeding, the government claims it may delay filing an administrative complaint indefinitely so long as it serves a Notice of Intent to Fine within five years. AILA and American Immigration Council argue the limitations period runs until complaint is filed. (U.S. v. Jurayeva, 10/10/25)
4/20/26
AILA Doc. No. 26042010.
Accessible to Public.
Amicus Briefs/Alerts
The noncitizen was permanently barred from asylum based on a misdemeanor with no injury that the BIA labeled a particularly serious crime. In an amicus brief, AILA urges that after Loper Bright v. Raimondo, courts of appeals may re-examine BIA’s flawed case law. (Guerrero Avrca v. Bondi, 7/22/25)
Accessible to Public.
Practice Resources
The Verification Committee provides a comprehensive chart on current status and EAD notes for TPS and parole programs.
Special thank you to Kathleen Campbell Walker, Meredith Jolie, John Mazzeo, Timothy D’Arduini, Sarah Peterson, and Kimberley Best Robidoux for their contributions to the chart.
Accessible to Public.
Congressional Updates, Correspondence
On 4/20/26, AILA sent a vote recommendation to the Senate urging a YES vote on S.J.Res 99 to overturn the termination of the 540-day EAD automatic extension rule.
4/20/26
AILA Doc. No. 26042007.
Congress
Accessible to Public.
Cases & Decisions, Federal Court Cases
The court denied the petition for review, holding that the petitioner had forfeited all exhausted bases to challenge the agency’s decision denying his asylum application and failed to exhaust the procedural due process claims he raised before the court. (Santana-Gonzalez v. Bondi, 4/8/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Federal Agencies, FR Regulations & Notices
USCIS notice of the extension without change of Form G-1566, Request for a Certificate of Non-Existence. Comments are due 6/22/26. (91 FR 21013, 4/20/26)
4/20/26
AILA Doc. No. 26042004.
Accessible to Public.
Cases & Decisions, Federal Court Cases
The court dismissed the petition for lack of jurisdiction, holding that an email from a DHS field office declining to revisit a long-executed 2018 Final Administrative Removal Order (FARO) was not a “final order of removal” reviewable under INA §242(a). (Velazquez-Olais v. Blanche, 4/6/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Practice Resources
AILA's USCIS Operations Committee shares this practice alert based on the newly issued telephonic appearance policy update issued by USCIS on 4/17/2026. Policy becomes effective 5/18/2026. It is recommended that members begin planning with clients accordingly now.
4/20/26
AILA Doc. No. 23050400.
Accessible to: Member, Student, Paralegal.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 20, 2026.
4/20/26
Accessible to Public.
Amicus Briefs/Alerts
AILA and the American Immigration Council’s amicus brief argues that a visa refusal under INA §221(g) is a delay, not a final decision, and that consular nonreviewability does not bar APA challenges to unreasonable visa delays, which are presumptively reviewable. (Asghari v. Rubio)
Accessible to Public.
Liaison Minutes
AILA’s Verification and Documentation Committee provides key takeaways from their April 15, 2026 meeting with leadership from the Department of Justice’s Immigrant and Employee Rights Section (IER).
Accessible to: Member, Student, Paralegal.
Cases & Decisions, DOJ/EOIR Cases
The court held that the petitioner forfeited his arguments regarding the four particular social groups (PSGs) he identified before the agency and that he failed to exhaust the three new groups he presented for the first time in his petition for review. (Gamas-Vicente v. Blanche, 4/7/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, DOJ/EOIR Cases
The BIA held that a Secretary of State letter was sufficient to establish removability under INA §237(a)(4)(C)(i), and that failure to disclose involvement with an organization on a Form I-485 was a material misrepresentation supporting removability. Matter of M–K–, 29 I&N Dec. 556 (BIA 2026)
Accessible to: Member, Student, Govt/Policy, Paralegal.