Immigration

  • January 16, 2025

    10th Circ. Revives Hondurans' Bid To Fight Removal

    The Tenth Circuit said the Board of Immigration Appeals can't require a Honduran mom and daughter to include a disciplinary complaint against their attorney, who they blamed for missing an appeal deadline, with their bid to reopen their removal case.

  • January 16, 2025

    'Nothing To Fear' For DOJ Attys With Bondi, Ex-Colleague Says

    Prosecutors and law enforcement officials, including one Democrat, told lawmakers Thursday that President-elect Donald Trump's pick for attorney general will be a fair-minded official who will not succumb to possible outside pressure to abuse the office.

  • January 16, 2025

    State Dept. Extends Protections For Hong Kongers Into 2027

    The U.S. Department of State said it is extending temporary safe haven provisions for Hong Kong residents who are concerned about returning home due to a "steady assault" on basic rights by the Chinese and Hong Kong governments.

  • January 15, 2025

    Wells Fargo Unit Sued Over Ex-Rep's EB-5 Investment Scheme

    A Wells Fargo subsidiary has been hit with a suit in Nevada federal court by an attorney and real estate developer who claims she and several other entities were hit with a U.S. Securities and Exchange Commission enforcement action because the Wells Fargo subsidiary and one of its former employees gave bad investment advice.

  • January 15, 2025

    9th Circ. Revives H-1B Fraud Charges Against CEO, HR Head

    The Ninth Circuit on Tuesday revived criminal visa fraud charges against a semiconductor company's CEO and human resources manager, saying in a published opinion that the government could protect itself against fraud, even through questions it had no right asking.

  • January 15, 2025

    Dem AGs Want In On Case Challenging 'Dreamers' Healthcare

    Democratic attorneys general from 14 states sought to intervene Wednesday in a Kansas-led challenge to a Biden administration regulation that allows DACA recipients to get federal health insurance through the Affordable Care Act exchanges.

  • January 15, 2025

    Shipbuilder Inks $1M FCA Deal To End Worker Eligibility Row

    A Louisiana-based shipbuilder agreed to fork over more than $1 million to settle claims that it failed to verify several workers' employment eligibility through E-verify, and knowingly billed the U.S. Coast Guard for that labor, the Department of Justice said Wednesday.

  • January 15, 2025

    Fla. Credit Union Sued Over DACA Loan Denial

    A Deferred Action for Childhood Arrivals recipient living in Florida has filed a proposed class action against Florida Credit Union, alleging he was denied membership to the union and an auto loan because of his immigration status.

  • January 15, 2025

    Texas Court Unsure State Can Shutter Immigrant Nonprofit

    A Texas appellate court seemed doubtful Wednesday that the state attorney general has authority to shut down a nonprofit over its political speech, with the justices suggesting that Texas might be blurring the line between state and federal nonprofit oversight.

  • January 15, 2025

    Fla. Man Says Gov't Miscalculated Forfeiture In PPP Fraud

    A Haitian man currently serving a 50-month prison sentence for concealing a COVID-19 loan fraud scheme from U.S. immigration officials to get citizenship urged the Eleventh Circuit on Wednesday to reverse a forfeiture judgment against him, arguing that the government miscalculated the amount of his ill-gotten gains from the scheme.

  • January 15, 2025

    Trump's AG Pick Tries To Assure Congress On Independence

    President-elect Donald Trump's nominee for attorney general attempted to assuage uneasiness from Democrats on Wednesday, saying the U.S. Department of Justice will be free of politics and will not go after perceived enemies.

  • January 15, 2025

    Jackson Lewis Grows In Atlanta With E-Commerce Biz Atty

    Jackson Lewis PC has gained a new principal in Atlanta who formerly worked in-house for e-commerce company StockX and previously practiced with Ogletree Deakins Nash Smoak & Stewart PC.

  • January 14, 2025

    9th Circ. OK's Deportation Over Threatening A Witness

    The Ninth Circuit has denied review of a permanent resident's challenge to a deportation order issued after his California state law conviction for dissuading a witness, saying his conviction was a categorical match for a federal aggravated felony offense.

  • January 14, 2025

    Podcaster Must Face Discovery In ICE Doctor's Defamation Row

    A Georgia federal judge on Tuesday denied a podcaster's bid to dismiss a defamation lawsuit brought against her by a former immigration facility doctor but granted 60 days of jurisdictional discovery to assess the podcaster's involvement in publishing an allegedly defamatory episode accusing the doctor of performing forced hysterectomies on detainees.

  • January 14, 2025

    Vt. Judge Upends Visa Denial For José Andrés Ham Carver

    A Vermont federal judge has said the federal government's denial of celebrity chef José Andrés' restaurant group's petition to classify a Spanish national, who works as a "master ham carver," as an individual "of extraordinary ability" was arbitrary and capricious.

  • January 14, 2025

    Wynne Transportation Can Tap Some Of $6M DIP In Ch. 11

    A Delaware bankruptcy judge said Tuesday she will allow transportation service provider Wynne Transportation to borrow $2 million in initial debtor-in-possession financing on an interim basis, clearing the way to fund a Chapter 11 case the company launched in the wake of a nearly $33 million arbitration judgment.

  • January 14, 2025

    Fleeing-Or-Eluding Not Grounds For Removal, 3rd Circ. Says

    A Kenyan man allowed to enter the U.S. on a diversity visa can't be subject to deportation based on two felony convictions for vehicular fleeing or attempting to elude police in Pennsylvania, the Third Circuit said in a precedential opinion on Monday.

  • January 14, 2025

    Wage Violations Get NC Farmers Kicked Out Of H-2A Program

    A North Carolina father and daughter must pay $166,000 in fines and face a three-year debarment from the H-2A seasonal worker program for various violations, including underpaying farmworkers, the U.S. Department of Labor said Tuesday.

  • January 13, 2025

    5th Circ. Keeps Trans Immigrant's Removal Fight Alive

    The Fifth Circuit found that a transgender woman fighting deportation can stay in the country for the time being after the U.S. Supreme Court remanded a panel's previous decision, saying in a Monday opinion the Board of Immigration Appeals got it wrong because it engaged in factfinding.

  • January 13, 2025

    Bannon Must Explain Atty Swap As NY Wall Fraud Trial Looms

    A New York state judge on Monday ordered Steve Bannon to appear in court to explain why he switched counsel a month before he faces trial on charges of defrauding donors to a fundraiser to build a U.S. southern border wall.

  • January 13, 2025

    Texas Justices Probe State's Bid To Shutter Refugee Nonprofit

    The Texas Supreme Court appeared skeptical Monday that the state's attorney general has broad power under an anti-harboring law to shut down a religious nonprofit it claims illegally shelters unauthorized immigrants, with the justices probing how far that power extends.

  • January 13, 2025

    Dissuading A Witness Is Grounds For Removal, 9th Circ. Says

    Immigration courts correctly ruled that an El Salvador citizen's conviction for dissuading a witness by force or threat in California qualified as an aggravated felony and grounds for removal, a Ninth Circuit panel said Monday.

  • January 13, 2025

    Wynne Transportation Files Ch. 11 After $32M Arbitration Loss

    Transportation services company Wynne Transportation Holdings LLC filed for Chapter 11 protection in Delaware after an arbitrator said it must pay a former subcontractor $32.8 million because it severed their partnership after the state of Texas required it to bus migrants to Democratic-controlled areas.

  • January 13, 2025

    Justices Remand 'Beyond Doubt' Green Card Applicant Rule

    The U.S. Supreme Court on Monday sent a case back to the Fourth Circuit to reconsider whether previously admitted noncitizens must meet a higher standard of proof when applying for a green card from within the U.S. as a form of removal protection.

  • January 10, 2025

    1st Circ. Questions Reach Of Anti-Torture Law In Civil Cases

    The First Circuit on Friday hinted it may be considering limits on the jurisdiction of the Torture Victims Protection Act, during a hearing where former Justice Stephen Breyer recalled concerns he first raised on the Supreme Court that an overly broad reading could pave the way for other nations to arrest Americans for incidents on U.S. soil.

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Expert Analysis

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • How High Court Approached Time Limit On Reg Challenges

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    The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Series

    After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • After Chevron

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    Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    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.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    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.

  • Justices' Removal Ruling Presents Hurdles, But Offers Clarity

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    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.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    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.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    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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