Cases & Decisions, Federal Court Cases
The court held that the IJ properly applied the exceptional and extremely unusual hardship standard and considered the relevant evidence in denying cancellation of removal based on hardship to the petitioner’s children, including his son’s asthma. (Espinoza Benitez v. Blanche, 9/1/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
AILA Announcements
Stay current with AILA’s updated 2026 editions of the INA and CFR. Get quick access to key immigration statutes and regulations, plus helpful editorial notes. Save with bundle options and build your essential practice library.
9/11/26
Accessible to Public.
Cases & Decisions, Federal Court Cases
The court held that the persecutor bar contains no implied duress defense and that evidence of the petitioner’s ties to the Atonal Battalion in El Salvador, together with an unchallenged adverse credibility finding, supported application of the bar. (Perez-Castillo v. Blanche, 9/8/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
AILA Announcements
The definitive resource for immigration practitioners is now shipping! Fully updated by Ira Kurzban and his team, the 20th edition of Kurzban's delivers authoritative analysis, practical guidance, and essential insights to help you navigate today's rapidly changing landscape. Order today.
9/11/26
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases
The BIA held that the IJ erred in determining that the respondent met his burden of proving he was not a danger to the community where he engaged in street racing and was arrested for resisting arrest and for possession of contraband in detention. Matter of Kamalov, 30 I&N Dec. 34 (BIA 2026)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, DOJ/EOIR Cases
The BIA held that the respondent showed no prejudice from electronic service or the IJ's evidentiary rulings, and that where he was not credible and did not corroborate his sexual orientation, he did not establish eligibility for CAT protection. Matter of S–K–E–, 30 I&N Dec. 27 (BIA 2026)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, DOJ/EOIR Cases
The BIA held that the removal of former President Maduro from power and the ensuing transfer of executive authority constituted a change in country conditions in Venezuela for purposes of assessing an applicant’s prospective fear of persecution. Matter of A–E–V–M–, 30 I&N Dec. 20 (BIA 2026)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases
The court held that conspiracy to retaliate against a witness in violation of 18 USC §1513(b) is categorically a crime involving moral turpitude (CIMT) and that the INA’s moral turpitude ground of removability was not unconstitutionally vague as applied. (Dziedziach v. Blanche, 8/31/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
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.
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.
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.