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Immigration
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Bid Protest Spotlight: Nonprecedential, Unreasonable, Scope
James Tucker at MoFo examines three recent decisions showing that while the results of past competitions may inform bid strategy, they are not determinative; that an agency's award may be deemed unreasonable if it ignores available information; and that a protester may be right about an awardee's noncompliance but still lose.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Opinion
Expanded Detention Will Not Solve Immigration Challenges
The recently defeated bipartisan border package included provisions that would increase funding for detention, a costly distraction from reforms like improved adjudication and legal representation that could address legitimate economic and public safety concerns at much lower cost, say Alexandra Dufresne and Kyle Wolf at Cornell University.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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How Harsher Penalties For AI Crimes May Work In Practice
With recent pronouncements from the U.S. Department of Justice that prosecutors may seek sentencing enhancements for crimes committed using artificial intelligence, defense counsel should understand how the sentencing guidelines and statutory factors will come into play, says Jennie VonCannon at Crowell & Moring.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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2026 World Cup: Companies Face Labor Challenges And More
Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.