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Immigration
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November 05, 2024
Paxton Seeks Sanctions In Immigration Nonprofit Row
The office of Texas Attorney General Ken Paxton has asked an El Paso federal judge to sanction an immigrant rights nonprofit, claiming that it resisted a civil investigation by making misrepresentations to the court.
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November 05, 2024
2nd Circ. Blocks Schizophrenic Immigrant's Removal Order
The Second Circuit on Tuesday vacated an order for a man with schizophrenia to be removed to Jamaica, finding that an immigration judge had failed to adequately ensure that his court proceedings had safeguards to address his mental illness.
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November 05, 2024
Spousal Work Permit Rule Doesn't Need Rethink, Feds Say
The government urged the DC Circuit to deny a full panel hearing to a group of ex-information technology workers challenging a visa work rule, saying the workers hadn't shown that the rule exceeds the U.S. Department of Homeland Security's authority.
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November 05, 2024
On The Ground: How Attorneys Safeguarded The Election
Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.
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November 04, 2024
Justices Revive Immigration Case In Light Of Loper Bright
The U.S. Supreme Court on Monday vacated a Second Circuit decision denying a Chinese national's appeal of an immigration judge's removal order, citing its recent Loper Bright decision overturning decades-old precedent instructing judges about when they could defer to federal agencies' interpretations of law in rulemaking.
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November 04, 2024
Hit-And-Run Is Moral Turpitude, Immigration Board Says
A divided panel of the Board of Immigration Appeals upheld a removal order for a man convicted of striking an individual dead while driving intoxicated and fleeing the scene, finding that his actions constitute a crime of moral turpitude.
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November 04, 2024
Texas Border Buoy Trial Delayed After En Banc Ruling
An Austin federal judge paused an impending bench trial between the Biden administration and the state of Texas over a 1,000-foot buoy barrier in the Rio Grande, reopening discovery Monday in the wake of an en banc circuit court opinion that slammed the judge for ordering the removal of the buoys.
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November 04, 2024
Justices To Review 30-Day Appeal Window In Removal Case
The U.S. Supreme Court on Monday accepted a case that could resolve a circuit split on whether noncitizens with final removal orders must appeal to courts within 30 days of the order, or 30 days after administrative appeals conclude.
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November 01, 2024
USCIS Moves To Toss Regional Centers' EB-5 Guidance Fight
U.S. Citizenship and Immigration Services has urged a D.C. federal judge to toss a lawsuit alleging that it unlawfully changed the minimum investment period for foreign investors seeking green cards, saying it did not create a legislative rule but merely interpreted one.
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November 01, 2024
#MeToo, Except For Migrants Fleeing Gender-Based Violence
Women fleeing gender-based violence face an uphill battle in a U.S. asylum system that has long been perceived as largely geared toward victims of state persecution and has yet to absorb the #MeToo movement's cultural shift.
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November 01, 2024
Army Allies Slam Bid To Trim Visa Case For Pending Plan
Afghan and Iraqi military translators slammed U.S. immigration officials' efforts to trim their lawsuit challenging delays with their visa applications, telling a D.C. federal court that the Biden administration's plan to streamline visa processing is not yet final.
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November 01, 2024
Nonprofit Urges Miss. Judge To Uphold H-2A Worker Rule
A nonprofit supporting migrant workers' rights filed an amicus brief Friday urging a Mississippi federal court to deny the U.S. Chamber of Commerce's bid to stay a regulation allowing H-2A migrant farmworkers to organize, saying the rule falls well within the authority of the U.S. Department of Labor.
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November 01, 2024
Paxton Can't Take Depo In 'Bogus' Probe, Immigrant Org Says
The Texas Civil Rights Project opposed state Attorney General Ken Paxton's bid to depose a representative of a nonprofit that provides shelter to migrants, saying Paxton is twisting facts to further a "bogus" investigation.
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November 01, 2024
Hawaii Resort's H-2B Bid Doomed By Contractor Status
A Hawaiian resort lost its effort to temporarily hire 40 housekeepers and dishwashers, failing to convince a U.S. Department of Labor judge that it, and not its owner, would serve as the guestworkers' employer.
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October 31, 2024
2nd Circ. Says Naturalized Citizens Owed Adequate Counsel
The full Second Circuit determined Thursday that a naturalized U.S. citizen considering whether to enter a guilty plea has a constitutional right to be advised by counsel that they may lose their citizenship as a result.
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October 31, 2024
6th Circ. Says Removal Waiver Wouldn't Have Helped
The Sixth Circuit refused Thursday to undo a woman's removal order over an immigration judge's failure to inform her she could apply for a removal waiver, saying a waiver, if granted, would not have been able to save her case.
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October 31, 2024
Texas Says It Has Right To Stop Drivers Transporting Migrants
The state of Texas told an El Paso federal judge that an executive order allowing officers to pull over drivers suspected of transporting unauthorized migrants is within the state's authority and doesn't conflict with federal law.
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October 31, 2024
The 2024 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.
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October 31, 2024
Firms' Hiring Strategies Are Evolving In Fight For Top Spot
Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.
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October 30, 2024
Rights Org. Calls For Probe Of Allegedly Manipulated ICE Data
Immigration rights group The Black Alliance for Just Immigration said U.S. Immigration and Customs Enforcement should be investigated immediately, claiming the agency had classified detained Black immigrants as white for years.
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October 30, 2024
11th Circ. Says Daughter's B-Day Dooms Dad's Removal Relief
A Mexican father's hopes to remain in the country and not cause undue hardship for his American daughter were foiled when he didn't object to his final removal hearing getting scheduled for after her 21st birthday, a divided Eleventh Circuit panel ruled.
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October 30, 2024
Landscape Workers Can Be 3 Classes In OT Suit
U.S. citizens and H-2B landscape workers who claimed that a company cheated them out of overtime pay can keep their collective status while also proceeding in three separate classes, a Kansas federal judge ruled.
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October 30, 2024
Access To 'Dreamer' Info Limited In Suit Over HHS Rule
A North Dakota magistrate judge has imposed limits on who can see the names and addresses of 130 Deferred Action for Childhood Arrivals recipients after the court ordered the Biden administration to hand that data over to the state attorney general.
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October 30, 2024
High Court Says Va. Can Keep Purging 'Noncitizen' Voters
A divided U.S. Supreme Court wiped out a federal court order Wednesday that prohibited Virginia from removing suspected noncitizens from its voting rolls this close to Election Day, a program the U.S. Department of Justice and advocacy groups claim has erroneously stripped eligible voters of their constitutional rights.
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October 29, 2024
Feds Tell High Court To Deny Va.'s Bid To Revive Voter Purge
The U.S. Supreme Court must leave in place a court order prohibiting Virginia from removing suspected noncitizens from its voting rolls this close to Election Day, the federal government and advocacy groups argued Tuesday, contending the risk of erroneously stripping eligible voters of their rights outweighs any purported harm to the state.
Expert Analysis
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Justices' Removal Ruling Presents Hurdles, But Offers Clarity
The U.S. Supreme Court’s recent decision in Campos-Chaves v. Garland and two other consolidated cases endorses a multistep notice practice that could impair noncitizens' access to adequate judicial notice, but its resolution of a longstanding circuit split also provides much-needed clarity, says Devin Connolly at Reeves Immigration Law Group.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.