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Immigration
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May 17, 2024
Immigration Board Backs Evidence Standards For Adoptions
The Board of Immigration Appeals on Friday backed the evidentiary standards that U.S. Citizenship and Immigration Services has set for U.S. citizens seeking green cards for children adopted from countries that have signed an international adoption treaty.
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May 17, 2024
Sanctioned Man's Daughter Says Blacklist Inescapable
A Myanmar woman the U.S. blacklisted based on conclusions her father provided fuel to Myanmar's military regime accused the U.S. government of trapping her on a sanctions list, leaving her unable to support herself or complete studies at Columbia University.
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May 17, 2024
DOL Fails To Win Order Barring Retaliation On Pork Workers
A Tennessee federal judge rebuffed a request from the U.S. Department of Labor to bar a pork producer from retaliating against workers providing information about wages, ruling that the department had failed to show that any retaliation had occurred.
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May 17, 2024
Industry Emboldened After Justices Galvanize Agency Attacks
In the year since the U.S. Supreme Court said "extraordinary" and "far-reaching" attacks on administrative enforcers can skip agency tribunals and go straight to federal district court, ambitious challenges to regulatory powers are rapidly gaining traction, and the high court is poised to put them on an even firmer footing.
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May 17, 2024
1st Circ. Rejects Ex-Immigration Judges' Bid For Asylum Redo
The First Circuit's full bench refused to reopen a Salvadoran woman's case seeking asylum, despite former immigration judges weighing in to say that the judge who denied her asylum didn't follow a legal requirement to ensure her record was complete.
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May 16, 2024
New Immigration Rule To Speed Up Hearing Process For Some
The United States will speed up the resolution of immigration cases for some single adults who are not citizens and attempt to cross between southern border ports of entry in a change that also largely rescinds a rule finalized in the last weeks of the Trump administration.
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May 16, 2024
Judge OKs Plan For Those Hit By Rescinded Trump Travel Ban
Immigration advocates who sued the federal government said they were celebrating "a glimmer of hope" this week after a federal judge OK'd a plan that would require immigration officials to reconsider visa applications for people denied entry into the U.S. because of a Trump-era travel ban affecting individuals from Muslim-majority countries.
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May 16, 2024
Taliban Victim Says Asylum Priority Practice Needs To Go
A Pakistani asylum-seeker asked a New York federal court to rule that the federal government's practice of prioritizing the most recent asylum applications in a backlog is unlawful, saying in a lawsuit that the policy has caused indefinite uncertainty and hardships.
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May 16, 2024
Prosecutors Say Fake Fortune 500 Workers Funded N. Korea
The Biden administration alleged that North Korea may have raised $6.8 million to develop nuclear weapons by installing remote information technology workers at Fortune 500 businesses, announcing charges Thursday against two individuals accused of helping agents pose as U.S. employees.
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May 16, 2024
Seattle-Area Atty Disbarred For Immigration Court Violations
A Seattle-area attorney has lost her legal license after the Washington State Bar Association found she submitted falsified paperwork to the federal government, lied to her clients and immigration courts to conceal filing delays, and committed other violations that exposed her clients to possible deportation and other serious harm.
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May 16, 2024
Judge Ends ICE's 'Knock And Talk' Immigrant Arrest Tactic
A California federal court has struck down U.S. Immigration and Customs Enforcement's policy of entering immigrants' private property without authorization for arrest, ruling that the practice violated the immigrants' Fourth Amendment protections against unlawful seizure.
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May 15, 2024
Conn. Strip Club Owner Ran 'Brothel,' Hid $5.7M, Feds Say
The man in charge of a Connecticut strip club and two of his associates operated the business as a brothel, took payments for "commercial sex acts," lied to secure a $150,000 federal COVID-19 relief grant, and hid $5.7 million in income from the IRS, according to a federal indictment unsealed Wednesday.
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May 15, 2024
2nd Circ. Revives Removal Fight Over Judge's Lack Of Analysis
An immigrant facing removal despite fearing a drug cartel's torture back home got another shot to fight deportation, after the Second Circuit ruled that an immigration judge didn't adequately explain why short shrift was given to the immigrant's expert witness.
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May 15, 2024
Rio Grande Is A 'Creek,' Texas Tells 5th Circ. In Barrier Rehearing
The state of Texas told the full Fifth Circuit on Wednesday that the Rio Grande is "little more than a creek with an excellent publicist" as it pushed the court to vacate an order that would require it to remove a floating barrier intended to keep migrants out of the country.
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May 15, 2024
Fla. Sheriff Caved To ICE Detainer On American, Atty Says
Attorneys for a Tampa-area U.S. citizen mistaken for a Jamaican national and nearly deported told a Florida federal judge Wednesday that the Monroe County sheriff lacked probable cause to arrest the man, arguing that the police agency blindly followed a federal immigration detainer without checking its accuracy.
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May 15, 2024
Staffing Co. Settles Claims It Spurned Immigrant's Work Docs
A medical staffing company agreed to improve employee anti-discrimination training to resolve allegations that it fired an immigrant employee, after refusing to accept valid evidence that she could work in the U.S., the U.S. Department of Justice announced Wednesday.
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May 15, 2024
US Accused Of Ditching Refugee Families Without Explanation
Three families the United Nations refugee agency referred to the U.S. for resettlement after they fled to Kenya from Congo are accusing the U.S. government of leaving them in limbo after an eleventh-hour cancellation on their move to the U.S.
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May 14, 2024
Asset Manager Cops To $1.2B Venezuelan Oil Co. Fraud
An asset manager pled guilty Tuesday to one count of conspiracy to commit money laundering for his role in a $1.2 billion scheme to embezzle money from Venezuela's state-owned oil company and launder it through false investment schemes in the U.S. and abroad.
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May 14, 2024
4th Circ. Says Attempted Child Sex Abuse Warrants Removal
The Fourth Circuit approved the deportation of a man convicted of attempting to sexually abuse a child, ruling Tuesday that the attempted offense qualified as child abuse crime warranting removal.
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May 14, 2024
Iraqis, Feds Seek Settlement OK In Deportation Row
The U.S. government and a class of Iraqi nationals fighting deportation for fear of persecution urged a Michigan federal judge to preliminarily approve a settlement reached after what they said were nearly seven years of vigorous litigation.
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May 14, 2024
DOL Appeals Board Nixes Disaster Relief Provider's H-2B Bid
A U.S. Department of Labor appeals board has upheld the denial of H-2B visas for a Louisiana-based company seeking to hire foreign workers for disaster relief services, finding that the company did not show the work to be seasonal.
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May 14, 2024
NY Court System Immune To Spanish-Speaker's Bias Case
The New York Unified Court System can't be sued in federal court by a Spanish speaker whose limited English language skills allegedly barred him from a program that could have reduced a drug offense's severity, the New York federal court has ruled.
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May 13, 2024
Wall Fraud Conviction Affirmed Despite Juror-Prosecutor Tie
The Second Circuit on Monday affirmed the conviction of a Colorado man found to have siphoned online donations meant to fund a Southern border wall, saying the fact that a federal prosecutor had mentored a juror's daughter didn't warrant vacating the conviction.
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May 13, 2024
Celebrated Irish Jockey Sues USCIS For Denying EB-1 Visa
An accomplished jockey and steeplechase champion from Ireland is suing U.S. Citizenship and Immigration Services in Pennsylvania federal court, alleging that the agency wrongly denied his 390-plus page application for an EB-1 visa because he didn't respond to a request for additional evidence despite the original petition having ample evidence to support the classification.
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May 13, 2024
DOL Says Policy Disagreement Not Enough To Nix H-2A Rule
The U.S. Department of Labor rejected a group of farms' criticisms of new H-2A agricultural wages as a mere policy disagreement, telling a North Carolina federal court that the rule was appropriately enacted after taking stock of its potential financial effects.
Expert Analysis
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Opinion
Student Visas Should Allow Int'l Athletes' NIL Opportunities
The U.S. Department of Homeland Security should heed a recent request by U.S. Sens. Richard Blumenthal and Chris Murphy, Democrats from Connecticut, for changes to visa regulations that would allow foreign student athletes to take full advantage of name, image and likeness opportunities without jeopardizing their immigration status, say Gabriel Castro and Tiffany Derentz at Berry Appleman.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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Using International Arb. To Settle Cannabis Industry Disputes
As cannabis legalization continues in the U.S. and other countries, overseas investors and business owners should consider international arbitration for dispute resolution and assess the enforceability of relevant treaties and arbitration provisions, says Ramsey Schultz at Duane Morris.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.
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Opinion
Humanism Should Replace Formalism In The Courts
The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.
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Employment-Related Litigation Risks Facing Hospitality Cos.
A close look at recent hospitality industry employment claims highlights key issues companies should keep an eye out for, and insurance policy considerations for managing risk related to wage and hour, privacy, and human trafficking claims, say Jan Larson and Huiyi Chen at Jenner & Block.
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Don't Let Client Demands Erode Law Firm Autonomy
As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.
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Opinion
Federal Judge's Amici Invitation Is A Good Idea, With Caveats
An Arkansas federal judge’s recent order — inviting amicus briefs in every civil case before him — has merit, but its implementation may raise practical questions about the role of junior attorneys, economic considerations and other issues, says Lawrence Ebner at the Atlantic Legal Foundation.
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Fox Ex-Producer Case Is A Lesson In Joint Representation
A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.