BIA overrules Matter of Arrabally and Yerrabelly — advance-parole travel can now trigger the 3- or 10-year unlawful-presence bars. On August 13, the Board of Immigration Appeals issued Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026). The Board expressly overruled Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012), and held that leaving the United States under advance parole is a “departure” for purposes of INA § 212(a)(9)(B). That means a person who has accrued sufficient unlawful presence may trigger the three- or ten-year bar by traveling on advance parole. Importantly, the BIA made its new rule prospective.
Federal judge allows termination of Somali TPS to proceed. On August 14, a federal judge in Massachusetts cleared the way for DHS to terminate TPS for approximately 1,100 Somali beneficiaries. Reuters reports that the ruling follows the Supreme Court’s June decision limiting judicial review of the administration’s termination of TPS designations. Judges have also recently allowed TPS termination for South Sudan and Myanmar to proceed; Ethiopia’s termination remains blocked for now.
USCIS gains authority to require electronic filing. Effective August 11, DHS issued an interim final rule allowing U.S. Citizenship and Immigration Services to designate particular benefit requests as subject to mandatory electronic filing. The regulation also establishes a waiver process for people unable to file electronically. USCIS has not thereby converted every form to mandatory e-filing; rather, the rule creates the regulatory mechanism for USCIS to designate forms going forward. Comments are due October 13.
State Department says it has revoked more than 175,000 visas. On August 10, the State Department reported that the administration has revoked more than 175,000 visas. According to the Department, most revocations followed law-enforcement encounters, with assault, DUI, theft, and drug offenses among the leading reasons. The Department also cited more than 100 visa revocations involving alleged “birth tourism.”
New H-1B/L-1 fee rule takes effect September 9. DHS finalized a rule expanding application of the 9-11 Response and Biometric Entry-Exit Fee to covered employers filing H-1B and L-1 extension-of-status petitions. Under the new interpretation, the fee applies to all covered extensions of status, including extensions that do not involve a change of employer. The rule becomes effective September 9, 2026.
Supreme Court case could determine whether attorneys can recover fees for successful immigration habeas cases. A pending Supreme Court case involving Salvadoran national Kevin Montoya Palacios asks whether a person who successfully challenges unlawful immigration detention through habeas can recover attorney fees under the Equal Access to Justice Act (EAJA). The circuits are divided: Reuters notes that the Second, Third, Ninth, and Tenth Circuits treat habeas proceedings as civil actions for EAJA purposes, while the Fourth and Fifth Circuits disagree.
Representation of unaccompanied children remains unsettled after major contract shake-up. AP reports that a small Texas firm selected for a $150 million contract to represent unaccompanied migrant children declined the award. The development follows the expiration of a contract covering nearly 100 legal-service providers and raises continuing questions about access to counsel for children in removal proceedings.
Another death raises concerns about medical care in ICE detention. AP reported this week that a Guatemalan man died after suffering a seizure while detained at Delaney Hall in New Jersey. ICE said it initially did not publicly disclose the death because officials were not informed that he died after being transported to a hospital.
