Immigration

  • April 23, 2024

    10th Circ. Backs Mexican Woman's Appeal Of Asylum Denial

    The Tenth Circuit on Tuesday revived the asylum bid of a woman who based her fear of returning to Mexico on her cousin's murder, saying the woman had challenged an immigration judge's ruling properly before the Board of Immigration Appeals.

  • April 23, 2024

    Justices' Doubts May Undo 9th Circ. On Spousal Visa Rights

    The right wing of the U.S. Supreme Court appeared skeptical on Tuesday that a U.S. citizen can challenge her Salvadoran husband's visa denial, but seemed disinclined to rule that she has no constitutional rights in the process either.

  • April 23, 2024

    Judge Overturns Biz's H-2B Ban, Blaming 'Gaslighting' Atty

    A U.S. Department of Labor administrative law judge overturned a decision to debar a Minnesota concessions stand company from the H-2B visa program over its failure to pay back wages and penalties, saying the small business's owner had only followed his attorney's advice — right into a legal disaster.

  • April 23, 2024

    Migrant-Hiring Crimes And Tax Evasion Get Pair Prison, $1.8M Fine

    A Florida federal judge has ordered two men to pay $1.8 million to the U.S. government and sentenced them to three years in prison after they confessed to recruiting migrants without employment authorization and failing to report workers' wages for tax purposes.

  • April 22, 2024

    Texas, Mo. Seek Full Vacatur Of DHS Border Wall Plan

    Texas and Missouri on Monday urged a Texas federal court to fully vacate the Biden administration's plans to redirect border wall construction funds, saying the plan adopted an overarching policy the court had declared was unlawful.

  • April 22, 2024

    Congress Urged To Fund Attys For Immigrants In Removal

    A coalition of more than 100 immigrant rights groups and several local governments urged congressional appropriators on Monday to allocate funds next fiscal year to increase legal representation for individuals in removal proceedings to protect their due process rights.

  • April 22, 2024

    Justices Reject Asylum Quest Of Man Caught In Transit Ban

    The U.S. Supreme Court turned down a Salvadoran man's petition to look at a Ninth Circuit decision that said the judiciary can't review expedited removal decisions from the executive branch, even though courts had found the Trump administration policy authorizing the man's removal to be unlawful.

  • April 22, 2024

    DC Judge Backs Feds' Power To Sanction Ex-Afghan Officials

    A D.C. federal judge shaved down a lawsuit challenging U.S. financial and immigration sanctions against two former Afghan lawmakers, stressing that the executive branch has sweeping authority to issue sanctions on individuals it finds to be corrupt.

  • April 22, 2024

    Immigration Orgs Fight Feds' Bid To Win Fee Hikes Dispute

    Nonprofit legal service providers fired back Friday against the federal government's bid to defeat the groups' lawsuit challenging Trump-era increases to immigration court fees, arguing that the government's final rule, which could raise certain fees by 700%, is arbitrary, capricious and unlawful.

  • April 19, 2024

    Feds Say Texas' Reliance On Justices In SB 4 Case Is Misplaced

    The U.S. Department of Justice told the Fifth Circuit on Friday that contrary to Texas' contention, two recent U.S. Supreme Court decisions don't knock down a district court injunction stopping Texas officials from arresting and deporting migrants suspected of crossing the border without authorization.

  • April 19, 2024

    Wrongful Detention Suit Illustrates Pitfalls Of ICE Lockups

    A Salvadoran woman's recent lawsuit alleging immigration authorities locked her up for months despite her protected status highlights how authorized immigrants, and sometimes even U.S. citizens, can wind up being wrongfully detained, and how, with no right to counsel in immigration proceedings, it can prove difficult to free them.

  • April 19, 2024

    Up Next At High Court: Abortions & Presidential Immunity

    The U.S. Supreme Court will return Monday for the term's final week of oral arguments, during which it will consider several high-stakes disputes, including whether a federal healthcare law can preempt state abortion bans and whether former President Donald Trump is entitled to immunity from criminal charges related to official acts.

  • April 19, 2024

    Fla. Can't Wage Real Estate War On Foreigners, 11th Circ. Told

    A group of Chinese citizens and a brokerage firm urged the Eleventh Circuit on Friday to block Florida from enforcing a law prohibiting certain foreign nationals from owning land while they challenge the statute's constitutionality, saying it's discriminatory and preempted by federal authority.

  • April 19, 2024

    Staffing Co. Can't Escape Bar On Task Order Protests

    A staffing firm can't escape the "gravitational field" of a rule restricting the U.S. Court of Federal Claims' authority to review task orders, a judge has said, ditching its challenge to being disqualified from orders reserved for women-owned small businesses.

  • April 18, 2024

    Texas Says Justices' Takings Decision Saves Its Arrest Law

    Texas has pointed the Fifth Circuit to a recent U.S. Supreme Court decision, arguing that it supports the state's bid to undo a district court injunction blocking state officials from arresting and deporting immigrants suspected of crossing the border unlawfully.

  • April 18, 2024

    BNP Paribas Can't Escape Suit Over Sudan's Rights Abuses

    A New York federal judge on Thursday largely denied BNP Paribas SA's request for an early win in a lawsuit accusing it of funding the former Sudan government's human rights violations, saying the Sudanese refugee plaintiffs have pointed to a "multitude of proofs" showing the bank's "conscious assistance" and knowledge of Sudan' genocidal acts.

  • April 18, 2024

    Weather Data Dooms Co.'s H-2B Visa Bid For Warm Months

    A U.S. Department of Labor judge rejected a concrete company's efforts to hire seasonal workers from spring to fall, pointing out that its weather data undermined claims that it was seeking workers during warm-weather months favorable to concrete work.

  • April 18, 2024

    Feds Say Texas' Asylum Fight Must Go After La. Suit Got Axed

    The Biden administration told a Texas federal judge Wednesday that the Lone Star state's lawsuit challenging a Biden administration rule broadening immigration officers' power to expedite asylum applications must be tossed in light of a recent decision in Louisiana throwing out nearly identical claims lodged by 19 Republican-led states.

  • April 18, 2024

    DHS Watchdog Finds Use Of Force Issues In Fla. ICE Facility

    Officers at a U.S. Immigration and Customs Enforcement detention facility in Miami used inappropriate force on detainees, including pepper-spraying a harmless and isolated individual through a slot in a cell door, according to a government watchdog report.

  • April 18, 2024

    Immigrant Sues USCIS Over Denial Of I-130 Bids For Children

    A naturalized U.S. citizen sued the U.S. Citizenship and Immigration Services on Wednesday, demanding the agency reverse a decision that she said improperly denied her I-130 petitions for permanent residency for her four children.

  • April 17, 2024

    Salvadoran Deported By Mistake Ends Suit Over Injuries Abroad

    A Salvadoran man who was wrongly deported by U.S. Immigration and Customs Enforcement has ended his suit over the abuse he suffered in a Salvadoran prison, after reaching a settlement with the federal government, according to Massachusetts federal court documents.

  • April 17, 2024

    Lack Of Standing Sinks GOP States' Asylum Policy Challenge

    A Louisiana federal judge dismissed Republican-led states' lawsuit attacking a Biden administration rule that facilitates the quick adjudication of asylum applications at the border, saying the states failed to link an alleged increase in asylees to increased public benefit costs.

  • April 17, 2024

    Senate Dems Make Short Work Of Mayorkas Impeachment

    Senate Democrats on Wednesday followed through on a promise to quickly dismiss articles of impeachment against U.S. Department of Homeland Security Secretary Alejandro Mayorkas, sidestepping a trial despite Republican opposition and attempts to postpone the proceedings.

  • April 17, 2024

    WashU Medical School Settles Claims Of Asylee Bias, Firing

    The Washington University School of Medicine in St. Louis has settled claims that it fired a worker who complained that he was being forced to prove he held asylum, according to the U.S. Department of Justice.

  • April 16, 2024

    GEO Asks Judge To Again Bar NJ Immigration Detention Law

    GEO Group has asked a New Jersey federal judge in a new complaint to enjoin enforcement of a state law prohibiting private detention facilities from contracting with federal immigration authorities, saying the judge had already barred the law's enforcement against a fellow prison operator, CoreCivic.

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Expert Analysis

  • Ghosting In BigLaw: How To Come Back From Lack Of Feedback

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    Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

  • Pugin Ruling Lowers Bar For Felony-Based Deportation

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    The U.S. Supreme Court's recent decision in Pugin v. Garland that an offense may constitute an obstruction of justice aggravated felony, even when an investigation or proceeding is not pending, may allow the government to seek deportation for other low-level offenses never intended to be grounds for felony-based deportation, says Peter Alfredson at Capital Area Immigrants' Rights Coalition.

  • Steps To Success For Senior Associates

    Excerpt from Practical Guidance
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    Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

  • Legal Profession Must Do More For Lawyers With Disabilities

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    At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

  • Opinion

    Appellate Funding Disclosure: No Mandate Is Right Choice

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    The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.

  • RETRACTED: How New Prevailing Wage Rule May Affect H-1B Employment

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    Editor's note: This guest article has been removed due to an inaccurate discussion of the status of the U.S. Department of Labor's prevailing wage rule, "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States." The rule is no longer on the Biden administration's current rulemaking agenda.

  • Opinion

    Congress Should Pass Bipartisan Immigration Reform Bill

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    By reforming visa allocation, expediting asylum processing, creating new employment visas and creating a path forward for individuals lacking permanent legal status, the recently introduced Dignity Act presents an opportunity for much-needed reform and deserves support from both sides of the aisle, says Laura Reiff at Greenberg Traurig.

  • How Attys Can Avoid Exposing Their Firms To Cyberattacks

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    Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

  • Virginia 'Rocket Docket' Slowdown Is Likely A Blip

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    After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

  • 5 Management Tips To Keep Law Firm Merger Talks Moving

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    Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

  • Pay Transparency Laws Complicate Foreign Labor Cert.

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    State and local laws adopted to help close the gender pay gap pose challenges for U.S. companies recruiting foreign nationals, as they try to navigate a thicket of pay transparency laws without running afoul of federally regulated recruitment practices, say Stephanie Pimentel and Asha George at Berry Appleman.

  • Rethinking In-Office Attendance For Associate Retention

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    The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.

  • Murdaugh Trials Offer Law Firms Fraud Prevention Reminders

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    As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.

  • Foreign Labor Certification Website Still Structurally Limited

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    Though the U.S. Department of Labor's Office of Foreign Labor Certification has shown encouraging responsiveness in correcting at least one major issue with its online portal, several sources of frustration — including employers' limited access to filed applications — still require fixing, says Michael Morton at Fakhoury Global.

  • Firm Tips For Helping New Lawyers Succeed Post-Pandemic

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    Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

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