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Immigration
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January 16, 2025
Deal Ends Suit Over Deportation Of US Citizens' Spouses
A federal judge signed off Thursday on a settlement in a long-running class action brought by New England-based immigrants and their U.S. citizen spouses, ending a suit that challenged the first Trump Administration's policy of separating families pursuing legal status for a spouse at risk of deportation.
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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.
Expert Analysis
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Series
Skiing And Surfing Make Me A Better Lawyer
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.
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Justices' Removal Ruling Presents Hurdles, But Offers Clarity
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.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
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.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
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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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.