Agency Memos & Announcements
USCIS is issued a policy alert (PA-2026-12) updating guidance in the USCIS Policy Manual to address the regulatory changes on the registration of children born to foreign government employees in the United States as lawful permanent residents. Feedback is due 10/5/26.
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Agency Memos & Announcements
USCIS announced that it received enough petitions to meet the congressionally established H-2B cap for the first half of FY27. 9/4/26 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before 4/1/27.
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FR Regulations & Notices
EOIR 30-day notice of the extension and revision of Form EOIR-59, Certification and Release of Records. Revisions include a new field to collect parent or guardian name, removal of the term “noncitizen”, and updated links and privacy policy. Comments are due 10/13/26. (91 FR 57930, 9/11/26)
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FR Regulations & Notices
DHS notice of proposed rulemaking to eliminate the 60-day grace period afforded to individuals with E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN nonimmigrant classifications upon cessation of employment before their authorized period of stay expires. Comments are due 11/10/26. (91 FR 57807, 9/11/26)
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Cases & Decisions, Federal Court Cases
The court held that a change in law is not a basis for statutory reopening, that the petitioner’s untimely motion for reconsideration did not warrant equitable tolling, and that it lacked jurisdiction to review the denial of sua sponte reopening. (Aristy-Rosa v. Att’y Gen., 9/1/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases
The court held that substantial evidence review applies to hardship determinations for cancellation of removal and to battery or extreme cruelty and hardship determinations for Violence Against Women Act (VAWA) special cancellation. (Okene v. Blanche, 9/4/26)
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Cases & Decisions, Federal Court Cases
The court held that Wisconsin’s child neglect statute is categorically a crime of child abuse, child neglect, or child abandonment under INA §237(a)(2)(E)(i), rendering the petitioner’s conviction under the statute a bar to cancellation of removal. (Reynoso-Salgado v. Blanche, 9/1/26)
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Cases & Decisions, Federal Court Cases
The court held that it lacked jurisdiction under INA §242(a)(1) to review an IJ’s affirmance of an asylum officer’s negative reasonable fear determination because the decision is not a final order of removal and does not affect the validity of one. (Sebastian-Perez v. Blanche, 9/2/26)
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Cases & Decisions, Federal Court Cases
The court held that a CAT order is not a final order of removal reviewable on its own under INA §242(a)(1) and that the 30-day deadline for filing a petition for review is a mandatory claims-processing rule not subject to equitable tolling. (B.P. v. Blanche, 9/2/26)
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Cases & Decisions, Federal Court Cases
The court held that the Circumvention of Lawful Pathways Rule conflicts with the asylum statute by restricting eligibility based on manner of entry, and that the agency also legally erred by failing to apply the complete mixed motives framework. (Garcia Morales v. Blanche, 8/31/26)
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Cases & Decisions, Federal Court Cases
The court held that the agency erred by requiring a pro se petitioner to submit a separate formal affidavit or corroborating documentary evidence for a motion to reopen an in absentia order where his factual assertions were not inherently unbelievable. (Trigueros Quizar v. Blanche, 9/4/26)
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Cases & Decisions, Federal Court Cases
The court held that reinstatement orders are final orders of removal subject to review, that petitioner was not entitled to equitable tolling of his untimely petition, and that 8 CFR §103.5(a) authorizes CBP to reopen, reconsider, and rescind reinstatement orders. (Santos v. Blanche, 9/8/26)
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Cases & Decisions, Federal Court Cases
The court held that the petitioner failed to exhaust administrative remedies because she did not adequately present to the BIA arguments challenging essential grounds for the denial of asylum, withholding of removal, and CAT protection. (Gonzalez Perez v. Blanche, 9/8/26)
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Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 11, 2026.
9/11/26
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Cases & Decisions, Federal Court Cases
The court denied the petitioner’s petition for rehearing, granted the government’s petition for rehearing en banc, and vacated its 5/29/26 opinion and judgment. (Laureano v. Att’y Gen., 9/2/26)
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Policy Briefs
Since the start of the Administration, ICE has been responsible for countless unlawful and violent abuses against immigrants and U.S. citizens, leading to serious injury and death. This policy brief highlights recent abuses and offers AILA’s solutions for reforming the system.
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Practice Resources
The AILA Marketplace Studies, now known as the AILA Practice Pulse, track the evolution of immigration law from 2011–2025, highlighting financial growth, demographic shifts, technological change, and emerging challenges including workload, politics, and AI.
Accessible to: Member, Student, Paralegal.
Cases & Decisions, Federal Court Cases
The court held that the BIA abused its discretion by affirming the denial of the petitioner’s motion to amend a pleading without allowing the petitioner to present evidence that his attorney’s factual admission regarding his manner of entry was untrue. (Urias-Gaxiola v. Blanche, 9/2/26)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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.
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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.
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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.
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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.”
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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
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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)
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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)
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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)
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