September and October 2026 brought an unusual number of changes for noncitizens with criminal records, pending charges or cases in immigration court. This guide groups them by topic and links to our detailed analysis of each one. Primary sources are the Board decisions published in EOIR's Virtual Law Library, the Supreme Court dockets and the Federal Register.
Table of Contents
Convictions and admissions
- Matter of A-V-O-: an aggravated felony conviction makes an immigrant inadmissible as "ineligible to citizenship," for pleas or verdicts after September 17, 2026.
- Plea timing after A-V-O-: why the date of the plea now matters, including for re-pleas after a vacatur.
- Fraud loss over $10,000: how restitution orders decide the aggravated felony question.
- Matter of Mendez Maldonado: an admission of drug use to USCIS can make an applicant inadmissible without a conviction.
- Governor pardons: what a pardon waives, illustrated by a New York case dismissed by the Supreme Court in September.
Detention and bond
- Rhoney v. Barbosa da Cunha: the Supreme Court will decide mandatory detention for people never admitted. The case was granted on October 1, 2026, as shown on the Court's docket.
- Matter of Morales Cuxun and Matter of M-S-V- and Y-M-B-: danger, flight risk and sponsors at bond hearings.
Removal and protection
- DHS v. D.V.D.: third-country removals, set for argument on December 9, 2026.
- Matter of Cornejo-Aguilar: discretionary denial of cancellation for a permanent resident.
- Matter of M-R-I-, Matter of B-S-A-N- and Blanche v. Ozurumba: limits on asylum and the material support bar.
- Matter of Borges Borsoi: the SIJ filing deadline is the day before the 21st birthday.
Court procedure
- Matter of L. Ramirez: no presumption of a continuance for U visa petitioners; see also federal court options for U visa delays.
- Matter of J-E-D-C-: affidavits supporting reopening are not presumed true.
- Matters of G-R-B- and C-M-H-H-: pretermission and remand.
- Matter of Sethi: discipline for AI-hallucinated briefs.
Rules and fees
- EOIR fees for fiscal year 2027, civil penalties for failure to depart (see the final rule), the end of automatic EAD extensions and the proposal to end deference to prior approvals.
Practical guides updated for 2026
Green card applications with open criminal cases, criminal history questions on USCIS forms, naturalization with a criminal record, naturalization delays, derived citizenship as a defense and 212(h) hardship lessons. Federal delay litigation developments are tracked separately in mandamus case-law updates.
How to read these developments
Board precedents bind Immigration Judges nationwide unless they are modified or overruled by the Attorney General or a federal court, while court of appeals decisions control within their own circuit. A Supreme Court grant of review does not change the law by itself; existing precedent stays in place until the Court decides the case. Each article in this guide cites its primary source so readers can check the text directly.
Related Guides on This Site
See also Analyzing Judge Behavior to Tailor Witness Preparation Tactics. See also Global Airlines Report U S Immigration Policy Impacting Demand. See also You Wont Believe What a US Judge Just Ordered ICE to Do in Nyc.
Disclosure: Criminal Immigration Law collaborates with the law firm that publishes Mandamus.com and N600K.com; some articles link to their guides. General information only, not legal advice.
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