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Immigration
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September 11, 2024
Gov't Spent $236B In Fraud And Improper Payments In 2023
Federal agencies made $236 billion in improper payments in fiscal 2023, a drop of about $11 billion from the prior year, according to a report released Tuesday by the U.S. Government Accountability Office.
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September 11, 2024
Department Of Homeland Security's Top Lawyer Steps Down
The Department of Homeland Security's top lawyer has resigned from his position in the administration, according to a LinkedIn post.
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September 11, 2024
Rights Groups Urge DHS To Free Immigrants Granted Asylum
Immigrants granted fear-based protection from deportation are often held in detention, contrary to U.S. Immigration and Customs Enforcement guidance, and should be freed, 80 civil rights organizations, legal services groups and law firms said in a Tuesday letter to U.S. Department of Homeland Security officials.
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September 11, 2024
Sidley, Other Attys Get $850K In Fees For Migrant Family Suit
A California federal judge signed off on $850,000 in legal fees for Sidley Austin LLP's and Public Counsel's work advising plaintiffs in a class action that saw the federal government ordered to provide mental health treatment for migrant families separated at the border.
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September 10, 2024
Border, Deportations And Dogs Dominate Presidential Debate
Immigration took center stage through much of Tuesday night's presidential debate between former President Donald Trump and Vice President Kamala Harris, with discussion of thwarted border legislation, deportation plans, and unproven claims that immigrants in Ohio have eaten people's pets.
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September 10, 2024
Scientist Nabs $3.8M Win In U. Of Alabama Harassment Suit
A federal jury found that a former University of Alabama at Birmingham scientist should receive nearly $4 million in damages after allegedly enduring years of harassment based on her race and Iranian national origin, an assault by her supervisor and a trumped-up arrest after she complained about the mistreatment.
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September 10, 2024
Biden Says He'd Veto Proposed GOP Continuing Resolution
President Biden said Monday that he would veto House Republicans' proposed continuing resolution for fiscal year 2025, asserting that the funding measure amounts to "brinksmanship" and would "place agencies at insufficiently low levels — both for defense and non-defense — for a full six months."
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September 10, 2024
DeSantis Blasts Mass. Suit Over Martha's Vineyard Flights
Florida Gov. Ron DeSantis shouldn't have to fight "conspiracy theory" claims in Massachusetts over whether the Sunshine State tricked migrants into boarding flights to Martha's Vineyard, the governor said in a sweeping dismissal bid.
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September 09, 2024
Army Corps Wants Border Fence Deal Rating Dispute Tossed
The U.S. Army Corps of Engineers has urged the U.S. Court of Federal Claims to dismiss a suit alleging it gave an unfairly low performance rating to a border fence construction contractor on a $789 million deal, arguing the rating was fair and reasonable.
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September 09, 2024
Wash. Ends First Inspection Effort Against GEO Group
Washington State has dropped its original bid to force private prison operator The GEO Group to allow its health agency to conduct spot inspections at an immigrant detention facility, after it launched a new suit alleging officials had been blocked from entering.
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September 09, 2024
Texas Still Not Injured By DHS Parole Program, 5th Circ. Told
Texas' concerns about the Biden administration restarting a parole program for Cubans, Haitians, Nicaraguans and Venezuelans following a fraud investigation did little to move the yardstick on whether the state has standing, intervenors hoping to save the program told the Fifth Circuit.
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September 09, 2024
Immigration Nonprofit Can Join 10th Circ. Okla. Suit, For Now
A nonprofit that has backed the Biden administration's opposition to Oklahoma's ban on unauthorized immigrants living in the state can participate in the state's appeal to the Tenth Circuit, but the appellate court said the panel ultimately assigned to the case can decide otherwise.
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September 09, 2024
Engineers' Counsel Requests $220K In Forced Labor Suit
Attorneys representing a class of Mexican engineers who claimed they were lured to the U.S. with false promises of high-paying jobs asked a Georgia federal court to greenlight their request for $220,000 for their work securing a $1.2 million settlement to resolve the dispute.
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September 06, 2024
ICE Is Failing Language Service Obligations, Report Says
U.S. Immigration and Customs Enforcement has routinely violated internal standards for providing detainees with language services, leaving detainees unable to communicate severe medical conditions and being deported for missing simple filing requirements, according to a report from Yeshiva University's Benjamin N. Cardozo School of Law.
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September 06, 2024
Advocates Seek Info On How Migrant Children's Ages Are Decided
Two immigration advocacy organizations sued the U.S. Department of Homeland Security in New York federal court for information on whether it is using a "discredited" method to assess the age of unaccompanied migrant children when making custody determinations.
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September 06, 2024
9th Circ. Says Immigration Board Mischaracterized Calif. Law
A split Ninth Circuit panel ordered the Board of Immigration Appeals on Friday to reconsider a Jamaican man's request to reopen his removal case, saying the board mischaracterized the California law under which the conviction that formed the basis of his removal was vacated.
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September 06, 2024
5th Circ. Urged To Act Fast On Green Card Rule Suit Appeal
A nonprofit immigrant rights group has asked the Fifth Circuit to accelerate its challenge to a lower court's refusal to let them intervene in a Texas lawsuit against a program allowing noncitizen relatives of U.S. citizens to seek green cards, noting a bench trial could proceed soon without its participation.
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September 06, 2024
Immigration Judges May Fix Some Faulty Removal Notices
Immigration judges can use their broad authority to amend documents to fix notices to appear in immigration court that are missing the time and location of the removal hearing, the Board of Immigration Appeals ruled Friday.
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September 06, 2024
DOL Allows Visa Extension After US Worker's Resignation
A garden and landscape nursery can extend a foreign worker's H-2A visa based on the sudden resignation of a domestic worker, a U.S. Department of Labor judge said, reversing an officer's refusal to grant the extension.
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September 05, 2024
CFTC Says Ex-Commish's Signature Was Forged For $1.5M Scam
The Commodity Futures Trading Commission has sued the operator of an unlicensed commodity pool for allegedly targeting dozens of Spanish-speaking immigrants in a $1.5 million Ponzi-like scheme that used a fictitious license containing a counterfeit CFTC seal and a forged commissioner signature to falsely promise investors guaranteed monthly returns.
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September 05, 2024
Immigration Orgs Warn White House Not To Pursue Border Act
Immigration and human rights advocacy organizations warned the Biden administration that they would oppose any plans to revive a failed, bipartisan bill that would have introduced a new presidential authority to stop asylum processing at the border, calling the proposal cruel and anti-immigrant.
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September 05, 2024
Feds Seek To Nix EB-1 Visa Suit After Reopening Application
U.S. Citizenship and Immigration Services told a Pennsylvania federal court on Thursday that an Irish steeplechase jockey's lawsuit challenging a denied application for an EB-1 extraordinary ability visa should be dismissed, as it was reconsidering the request.
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September 05, 2024
Texas Judge Extends Block On DHS Spousal Parole Program
A Texas federal judge Wednesday denied the Biden administration's bid to lift a soon-to-expire pause on issuing parole under its new program for certain U.S. citizens' relatives seeking green cards while in the U.S., extending the temporary stay for another 14 days.
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September 05, 2024
Russia 'History Nerd' Avoids Jail In Probe Of Oligarch Ties
A Manhattan federal judge on Thursday allowed a Soviet Union-born Russia history buff to avoid time behind bars for lying the FBI about his affiliation with an anti-Ukraine group controlled by indicted Russian oligarch Konstantin Malofeyev.
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September 04, 2024
Marine Atty Fights Sanctions In Afghan Baby Kidnapping Suit
A U.S. Marine Corps lawyer facing a $15 million lawsuit for allegedly kidnapping an orphaned Afghan baby urged a Virginia federal judge to reject a bid by the baby's cousins for attorney fees as part of a sanctions order against him and his wife.
Expert Analysis
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Opinion
Time To End Double Standard On Kids' Green Cards
Recent changes to the U.S. Citizenship and Immigration Services rules have helped many children qualify for green cards, but the government's failure to extend these changes to consular processing unfairly leaves out children stuck abroad who need visas to join their parents in the U.S., says Edward Ramos at Kurzban Kurzban.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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Litigation Can Facilitate EB-5 Investor Visa Determinations
Processing times in the EB-5 investor visa program continue to rise, but filing a mandamus claim in the right venue against U.S. Citizenship and Immigration Services may offer applicants mired in delay a means to expedite processing, says Mark Stevens at Clark Hill.
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3rd Circ. Ruling Fine-Tunes The 'But It's Hemp' Defense
The Third Circuit’s recent U.S. v. Rivera decision, upholding the appellant’s conviction for marijuana possession, clarifies that defendants charged with trafficking marijuana have the burden of proving that the cannabis is actually federally legal hemp under the 2018 Farm Bill, say attorneys at McGlinchey Stafford.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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USCIS Can Take On The Semiconductor Workforce Gap Now
While the semiconductor industry is calling for legislative change to immigration policy so it can fill more jobs, there are simpler actions that the current administration and U.S. Citizenship and Immigration Services leadership can take in the meantime, says Adam Rosen at Murthy Law Firm.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Opinion
OFAC Designation Prosecutions Are Constitutionally Suspect
Criminal prosecutions based on the Office of Foreign Assets Control’s sanctions-related listing decisions — made with nearly unfettered discretion through an opaque process — present several constitutional issues, so it is imperative that courts recognize additional rights of review, say Solomon Shinerock and Annika Conrad at Lewis Baach.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.