Immigration

July 03, 2024
9th Circ. Says Carjacking Is Not Reason For Removal

The Ninth Circuit has ruled the 2006 carjacking conviction of a Salvadoran immigrant isn't enough to deport him because carjacking alone "is not a categorical crime of violence" under federal law.
July 03, 2024
4 Mass. Rulings You Might Have Missed In June

Massachusetts state courts last month dealt with thorny contract disputes, mistakenly disclosed emails between a defendant and an attorney, and a company's overtime policy change that may not have been spelled out to workers.
July 03, 2024
Feds Call Delayed Asylum Bid Reasonable Amid Backlogs

The U.S. Department of Homeland Security is urging a Florida federal court to rule that it's not unreasonable for one man's asylum application to still be processing after four years and counting in light of the asylum backlogs at U.S. Citizenship and Immigration Services.
July 03, 2024
After Chevron Deference: What Lawyers Need To Know

This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.
July 02, 2024
Immigration Attys Cautiously Optimistic After Chevron Ruling

The U.S. Supreme Court's ruling that courts no longer have to defer to federal agencies' interpretations of ambiguous statutes could help some immigrants fight removal orders while serving as a buffer against partisan challenges to executive immigration actions.
July 02, 2024
IT Workers Say Chevron's End Dooms Spouse Work Permits

Ex-information technology workers told the D.C. Circuit that the U.S. Supreme Court decision overturning decades-old precedent instructing judges about when they can defer to federal agencies' interpretations of law buoys their challenge to an Obama-era program allowing work permits for some spouses of highly skilled foreign workers.
July 02, 2024
Paxton Slammed For 'Intolerable' Bid To Shutter El Paso Org

Texas Attorney General Ken Paxton's efforts to shut down a Catholic nonprofit he has accused of smuggling and harboring migrants is "outrageous and intolerable," an El Paso County judge ruled Tuesday, blasting him for using his administrative power to push "his own personal beliefs or political agenda."
July 02, 2024
Iranian AI Experts, Other Professionals Sue Over Visa Delays

Iranian experts in artificial intelligence and other emerging technologies sued the U.S. Department of State to speed up delayed visa applications, arguing their green card troubles undermine the Biden administration's push to ease labor shortages in the technology industry.
July 02, 2024
Justices To Review Relief For Self-Deportation Failure

The U.S. Supreme Court agreed Tuesday to review if noncitizens who fail to leave voluntarily within 60 days of a deportation order can try reopening their removal cases when the 60th day falls on a weekend or federal holiday.
July 01, 2024
High Court's 1-2 Punch Sets Up Long-Standing Regs For KO

By ending its term with a stinging combination against federal agencies, the U.S. Supreme Court's conservative bloc left behind a bruised bureaucracy and a regulatory system that's now vulnerable to a barrage of incoming attacks.
July 01, 2024
Immigrants Alleging Unlawful Detention Get Class Cert. In NY

A New York federal judge on Monday certified a class of hundreds of immigrants accusing the Suffolk County Sheriff's Office of unlawfully granting requests from U.S. Immigration and Customs Enforcement to detain them past their release date.
July 01, 2024
Judge Partially Ends Flores Deal For Detained Migrant Kids

A California federal judge has partially terminated the long-running Flores settlement governing detention conditions for immigrant children, giving the federal government the green light to partly replace the settlement with an April regulation.
July 01, 2024
Judge Blocks Okla. Law Barring Unauthorized Immigrants

An Oklahoma federal judge has temporarily barred Oklahoma from enforcing a law preventing unauthorized immigrants from living in the state, agreeing with the Biden administration that the policy likely conflicted with the federal immigration scheme.
July 01, 2024
Supreme Court Widens Window To Challenge Federal Regs

Legal challenges to federal regulations can be brought outside the normal statute of limitations if someone isn't adversely affected until after the six-year window of time to file suit, the U.S. Supreme Court ruled Monday.
June 28, 2024
Chevron's End Is Just The Start For Energized Agency Foes

By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.
June 28, 2024
In Chevron Case, Justices Trade One Unknown For Another

The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
June 28, 2024
Justices' SEC Ruling Unlikely To Bear On Immigration Actions

The U.S. Supreme Court's decision reining in the U.S. Securities and Exchange Commission's use of administrative courts is unlikely to help Walmart and SpaceX escape proceedings for alleged immigration-related violations, with the justices punting on the authority of administrative law judges.
June 28, 2024
Judge Won't Give Bond Co. More Time To Pay $811M Fine

A Virginia federal judge on Friday declined to grant an immigrant bond company the additional 45 days it requested to finish a sale before it has to pay an $811 million fine for predatory lending practices, pointing out that the transaction had already gone through.
June 28, 2024
Biden Extends Deportation Protections For 309K Haitians

The Biden administration on Friday expanded a humanitarian immigration program to provide temporary deportation relief to roughly 309,000 Haitians currently living in the U.S. who can't safely return to their war-torn Caribbean nation where gang violence has escalated in recent months.
June 28, 2024
Afghans Who Aided U.S. Gov't Sue Over Kids' Visa Denials

A group of Afghan nationals who supported the U.S. government in its decades-long war against the Taliban sued the federal government in Virginia federal court Thursday, claiming their children's visa applications were arbitrarily denied after years of processing delays, forcing them to remain in Afghanistan and putting them in grave danger.
June 28, 2024
Ga. Secretary Of State Seeks Denial Of Fees In Voting Case

The Georgia secretary of state has urged a federal judge not to award attorney fees and costs to a coalition of voting rights groups that challenged the legality of how the state adds newly naturalized citizens to its voter rolls.
June 28, 2024
High Court Enters July With 3 Rulings To Go

In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action.
June 28, 2024
Supreme Court Strikes Down Chevron Deference

The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.
June 27, 2024
Biden, Trump Spar On Abortion Access In The Wake Of Dobbs

The U.S. Supreme Court's Dobbs decision upending Americans' access to abortion care made an early appearance at Thursday night's presidential debate, with President Joe Biden lamenting the end of Roe v. Wade and former President Donald Trump taking credit for handing the issue of abortion rights "back to the states."
June 27, 2024
Ga. Judge Says NBC Falsely Reported Mass Hysterectomies

A Georgia federal judge has ruled several news programs under the NBCUniversal umbrella incorrectly portrayed a doctor as having performed unwanted mass hysterectomies on immigrant women held at a private detention center.

Expert Analysis

How AI Executive Order Aims To Compete For Foreign Talent

Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.
Series

The Pop Culture Docket: Judge D'Emic On Moby Grape

The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
Series

Performing Music Makes Me A Better Lawyer

The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
Expect CFPB Flex Over Large Nonbank Payment Cos.

A recent enforcement action and a new rule proposal from the Consumer Financial Protection Bureau indicate a growing focus on the nonbank payment ecosystem, especially larger participants, in 2024, say Felix Shipkevich and Jessica Livingston at Shipkevich.
Breaking Down High Court's New Code Of Conduct

The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
What New DHS Cybersecurity Policy Means For Bid Protests

The U.S. Department of Homeland Security's recently unveiled policy of factoring cybersecurity self-assessments into its overall evaluation of contractors could raise novel bid protest considerations for offerors in both the pre-award and post-award contexts, say Amy Hoang at Seyfarth and Sandeep Kathuria at L3Harris Technologies.
Opinion

Legal Profession Gender Parity Requires Equal Parental Leave

To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
Series

Writing Thriller Novels Makes Me A Better Lawyer

Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
What Lawyers Must Know About Calif. State Bar's AI Guidance

Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
Industry Must Elevate Native American Women Attys' Stories

The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
Understanding Discovery Obligations In Era Of Generative AI

Excerpt from Practical Guidance

Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
Navigating USCIS' New Minimum EB-5 Investment Period

Recent significant modifications to U.S. Citizenship and Immigration Services’ EB-5 at-risk requirement are causing uncertainty for several reasons, but investors who consider certain key aspects of prospective projects can mitigate the immigration and investment risks, say Samuel Silverman at EB5AN, Ronald Klasko at Klasko Immigration, and Kate Kalmykov at Greenberg Traurig.
The Case For Post-Bar Clerk Training Programs At Law Firms

In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
CFPB, DOJ Signal Focus On Fair Lending To Immigrants

New joint guidance from the Consumer Financial Protection Bureau and the U.S. Department of Justice effectively broadens the scope of protected classes under the Equal Credit Opportunity Act to include immigration status, indicating a significant shift in regulatory scrutiny, say Alex McFall and Leslie Sowers at Husch Blackwell.
Attorneys Have An Ethical Duty To Protect The Judiciary

The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.