Immigration law updates, week of October 26, 2026

New decisions, regulations, agency guidance, and court orders from October 26 through November 1, 2026, from official sources.

Saved November 3, 2026. The past two weeks · All weeks

3BIA precedent decisions
1Supreme Court action
11Federal court decisions
3Federal Register documents
5Agency guidance updates

23 developments this week, newest first.

Sunday, November 1

Friday, October 30

BIAPrecedent decision

Removal defense

Matter of Pierre-Louis

30 I&N Dec. 212

The Board generally will not exercise its discretion to reopen proceedings sua sponte for an arriving alien to pursue adjustment of status before United States Citizenship and Immigration Services. Matter of Yauri, 25 I&N Dec. 103 (BIA 2009), followed.

Headnote
9th Cir.Published opinion

USA v. State of California, et al.

No. 26-7231

We deny the United States’s motion because the United States has failed to meet its burden in showing that an injunction pending appeal is warranted.

From the opinion
D. Md.District court

Detention and enforcement

The Door v. Joseph B. Edlow

No. 8:26-cv-04326

Court granted TRO and APA stay restoring child-asylum interview safeguards

Federal RegisterNotice

Family and citizenship

Suspension of the Commonwealth of the Northern Mariana Islands (CNMI) Economic Vitality & Security Travel Authorization Program (EVS-TAP)

91 FR 67595

This notice announces the decision of the Secretary of Homeland Security (Secretary) to suspend the Commonwealth of the Northern Mariana Islands (CNMI) Economic Vitality & Security Travel Authorization Program (EVS-TAP). EVS-TAP allows prescreened nationals of the People's Republic of China (PRC) to travel to the CNMI without a visa for temporary visits under specified conditions. Pursuant to the Immigration and Nationality Act and Department of Homeland Security (DHS) regulations, the Secretary has broad authority to suspend the program for good cause, including threats to national security, law enforcement interests, and immigration enforcement. The Secretary has determined that there is good cause to suspend EVS-TAP, while DHS, in consultation with the Secretary of State and the Secretary of the Interior, evaluates the program.

Suspension of the CNMI EVS-TAP is effective at 1400 EDT on October 30, 2026.

From the document

Thursday, October 29

9th Cir.Published opinion

Red Eagle Law, LC v. Rubio

No. 26-6943

We do not endorse the Department’s failure to open the lottery registration period. Nevertheless, Red Eagle has not shown a likelihood of success on the merits because it is not within the zone of interests of the statute and does not have a cause of action. The emergency motion for a stay pending appeal is GRANTED.

From the opinion
State Dept.Press release

Taking Action Against Caravan Organizers Facilitating Illegal Immigration to the United States

The Trump Administration will not tolerate actions that undermine the national security or immigration laws of the United States and is resolute in protecting the integrity of U.S. borders, disrupting smuggling networks, and promoting accountability for those who seek to profit from illegal immigration. That is why the Department of State previously announced a policy to restrict visas to foreign government officials and others who are believed to be responsible for knowingly facilitating illegal immigration to our nation.

From the notice

Wednesday, October 28

Federal RegisterNotice

Privacy Act of 1974; System of Records

91 FR 61234

In accordance with the requirements of the Privacy Act of 1974, as amended, the Department of Health and Human Services (HHS) is modifying an existing system of records maintained by the Office of Ref

From the document

Tuesday, October 27

BIAPrecedent decision

Family and citizenship

Matter of Mercader

30 I&N Dec. 185

A conviction for assault and battery in the second degree under section 16-3-600(D)(1) of the Code of Laws of South Carolina, which requires a reckless mental state and the actual or attempted infliction of “moderate bodily injury,” is categorically for a crime involving moral turpitude.

Headnote
6th Cir.Published opinion

Asylum, refugees and TPS

Bayron Jose Castro-Fuentes v. Todd Blanche

No. 25-3407

Bayron Jose Castro-Fuentes petitions for review of an immigration judge’s (“IJ”) order affirming an asylum officer’s negative reasonable-fear determination. But Castro-Fuentes has not challenged his final order of removal. Because our jurisdiction is statutorily limited to final orders of removal, we lack jurisdiction to hear Castro-Fuentes’s petition.

From the opinion

Monday, October 26

BIAPrecedent decision

Removal defense

Matter of Ozuna Mendoza

30 I&N Dec. 177

(1) The Immigration Judge clearly erred in finding the respondent credible when she gave inconsistent, nonresponsive, evasive, and the approximately 200 pounds of methamphetamines secreted throughout her vehicle and $8,000 in cash she possessed. testimony about implausible

(2) The Department of Homeland Security demonstrated by clear and convincing evidence that there is reason to believe the respondent was a knowing participant in illicit drug trafficking.

Headnotes
10th Cir.Published opinion

Removal defense

Vizguerra-Ramirez v. Blanche

No. 25-9559

Whether or not § 1252(b)(1) is subject to equitable tolling, Ms. Vizguerra cannot show that her failure to timely file a petition for review in 2013 was caused by an extraordinary circumstance beyond her control.

From the opinion
Federal RegisterNotice

Detention and enforcement

Ratification of Civil Penalties

91 FR 67325

The Department of Homeland Security (“DHS”), through the Secretary of Homeland Security, ratifies all final civil penalties that had been assessed in accordance with interim regulations. These interim regulations were later adopted as final with only slight modification so retained substantially the same procedures by which the civil penalties are assessed. This notification ratifies all civil penalties assessed in accordance with the interim regulations prior to the final adoption.

This ratification is issued on October 26, 2026 and relates back to the original date of each civil penalty assessed in accordance with the interim regulations. All claims submitted pursuant to this notice must be received by ICE on or before November 16, 2026.

From the document
USCISNews alert

Asylum, refugees and TPS

Litigation-Related Update: Sileiri Doe Class Members May Request Reopening or Reconsideration of an Adverse Decision Without a Fee

On Sept. 28, 2026, the U.S. District Court for the District of Massachusetts issued an order requiring DHS to remediate certain adverse consequences for the class of aliens paroled into the United States after scheduling an appointment through the CBP One mobile app, and whose parole was terminated by the federal government via mass email in April 2025. Sileiri Doe v. DHS, 1:25-cv-12245-ADB (D. Mass).

From the notice

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