Immigration

  • March 04, 2024

    H-2A Farmworkers Seek Partial Win Ahead Of Wage Trial

    A certified class of migrant sugarcane farmworkers under the H-2A visa program asked an Arkansas federal judge to partly rule in their favor in a wage dispute set for an April jury trial, saying payroll records indicate the farm labor contractor shorted them $410,089 and that the owner should be held liable.

  • March 04, 2024

    Deported Man Seeks Mass. Justices' OK For Remote Retrial

    A man deported to the Dominican Republic due to convictions that were later vacated asked Massachusetts' high court on Monday for permission to join the government's retrial of the same charges via videoconference because there's no legal way for him to attend the trial physically.

  • March 04, 2024

    9th Circ. Says Mexican Man's Torture By Gov't Facility Unlikely

    The Ninth Circuit refused to revive a Mexican man's bid for deportation relief, agreeing with the Board of Immigration Appeals that the man failed to show he'd likely be tortured by healthcare providers in Mexico's state-run mental health facilities.

  • March 04, 2024

    5th Circ. Order May Let Migrant Arrest Law Take Effect

    The Fifth Circuit on Saturday stayed a federal judge's injunction on a Texas law that authorizes the arrest and deportation of migrants, but gave the Biden administration one week to convince the U.S. Supreme Court to consider the case.

  • March 01, 2024

    Ga. Tech Prof Gets Most China-Tied Fraud Charges Tossed

    A Georgia federal judge on Friday overruled a federal magistrate in dismissing nine of 10 criminal charges against a former Georgia Institute of Technology professor who was accused of using his post to help bring foreign nationals into the U.S. to covertly work for Chinese telecommunications firm ZTE.

  • March 01, 2024

    Wash. Seeks Injunction To Force GEO ICE Prison Inspections

    The Washington state labor and health departments have urged a Washington federal judge to compel GEO Group to let inspectors inside a Seattle-area immigrant detention facility, saying the private prison giant will otherwise continue to block entry and keep regulators from investigating complaints about unsafe and unsanitary conditions.

  • March 01, 2024

    Afghan Allies' Visa Processing On The Rise, Watchdog Says

    The U.S. Department of State was able to increase the number of special immigrant visas issued to Afghan allies during the last months of 2023, the U.S. Department of Defense watchdog recently reported.

  • March 01, 2024

    Iowa Co.'s Ongoing Need For Workers Sinks H-2B Bid

    A U.S. Department of Labor appeals board backed the department's denial of a pre-engineered building manufacturer's bid to temporarily hire 25 foreign workers, saying the Iowa company failed to show that its need for the workers was indeed temporary.

  • March 01, 2024

    GOP Subpoena Of Mayorkas Is Media Grab, DHS Says

    The U.S. Department of Homeland Security says the House Republicans' recent subpoena of its secretary for documents and communications related to the U.S.-Mexico border is just a grab for press attention.

  • March 01, 2024

    Fla. Judge Resigns Amid Ethics Charges Over Ex Parte Chat

    A Florida state judge has resigned, ending an ethics case triggered by his allegedly biased ex parte comments to a prosecutor following a Zoom hearing in August.

  • February 29, 2024

    Veteran Journalist Held In Contempt For Not Divulging Source

    A D.C. federal judge on Thursday found veteran journalist Catherine Herridge in civil contempt of his order to reveal her sources for a series of stories she wrote while at Fox News about a Chinese American scientist who was the subject of a federal investigation.

  • February 29, 2024

    Attys Seek To Get Migrant Kids Out Of 'Unsafe' Open-Air Sites

    A group of human rights organizations urged a California federal court on Thursday to compel the Biden administration to move migrant children out of open-air detention sites along the border, saying the children have been forced to shelter in "extraordinarily unsafe and unsanitary" conditions including portable toilets, dumpsters and trash-filled filled tarps to escape the elements.

  • February 29, 2024

    Texas Hotel Co. Denied H-2B Workers For National Guard Influx

    The Board of Alien Labor Certification Appeals has ruled that a hotel management company seeking foreign housekeepers and cleaners to work in hotels housing National Guard soldiers deployed to the border failed to show they temporarily needed the H-2B workers.

  • February 29, 2024

    Feds Say High Court Ruling Is Irrelevant To Razor Wire Fight

    The Biden administration told the Fifth Circuit on Thursday that the U.S. Supreme Court's recent ruling rejecting its sovereign-immunity defense in Fair Credit Reporting Act litigation "sheds no light" on its fight with Texas over concertina razor-wire barriers the Lone Star State has erected along the U.S-Mexico border.

  • February 29, 2024

    Fox Rothschild Wants Atty Gag Order In NJ Malpractice Suit

    Fox Rothschild LLP asked a New Jersey federal court Thursday to impose a gag order on an attorney who recently called it a "corrupt organization" and threatened criminal prosecution, claiming those comments — made in a malpractice lawsuit over allegedly botched immigration work — are a cynical ploy to extort the firm into "a lucrative settlement."

  • February 29, 2024

    Texas Judge Bars State's Migrant Arrest Law During Litigation

    A Texas federal judge on Thursday slammed the brakes on a Texas law that would allow the state to arrest and deport migrants, ruling that states can't exercise immigration enforcement power without federal permission.

  • February 28, 2024

    Sbarro Worker Appeals 'Prejudiced' Verdict On Rape Claims

    A former Sbarro employee asked the Ninth Circuit on Wednesday to order a retrial on her allegations that she was sexually assaulted multiple times by a manager and co-workers, claiming a jury verdict favoring the company resulted from a trial tainted by prejudicial assertions, improper evidence and defamatory comments toward her and her counsel.

  • February 28, 2024

    Au Pair Agency Can't Arbitrate Wage Claims, Judge Says

    Au pair agency Cultural Care has waived any claimed right to pursue arbitration in a proposed collective wage complaint by extensively litigating the case for several years, including a trip to the First Circuit, a Massachusetts federal judge concluded Wednesday.

  • February 28, 2024

    8th Circ. Won't Review Mexican National's Removal Fight

    A divided Eighth Circuit has backed the Board of Immigration Appeals' rejection of a Mexican national's bid to reopen his challenge to a deportation order, finding that his objections to the Department of Homeland Security's deficient notice to appear in immigration court were submitted too late.

  • February 28, 2024

    Hawaii Resort Gets Another Go At Foreign Staff For Golf Club

    A U.S. Department of Labor administrative law judge revived a luxury Hawaiian organization's application for temporary foreign groundskeepers, saying she was convinced that it needed additional staffers for its golf club's grand opening.

  • February 28, 2024

    Feds Fear Unlimited Discovery In Separated Families' Cases

    The Biden administration cautioned an Arizona federal judge against allowing migrant families separated under the Trump administration to obtain deposition transcripts from another family separation case, saying the request set no limits on how much more evidence could be collected.

  • February 28, 2024

    Coats Rose Atty Fired Over Threatening Letter To Judge

    The Texas law firm Coats Rose PC terminated one of its attorneys believed to have sent intimidating messages on firm letterhead to an immigration judge running for a judgeship in the 151st Civil District Court of Harris County, the firm confirmed to Law360 on Wednesday.

  • February 28, 2024

    2nd Circ. Revives Asylum Bid Over Testimony Interruption

    The Second Circuit ruled that an immigration judge wrongly faulted an asylum-seeking Eritrean man for not testifying about being tied up and left outside after being interrogated by the Eritrean military, saying the judge didn't give the man a chance to.

  • February 27, 2024

    7th Circ. Says Renewed Removal Orders Must Wait On CAT

    The 30-day deadline for people with reinstated deportation orders to go to the circuit courts begins once they've completed the agency appeals process, not when U.S. Department of Homeland Security reinstates the removal order, the Seventh Circuit said Tuesday.

  • February 27, 2024

    Texas Escapes Pregnant Worker Law But Not Migrant Funding

    A Texas federal judge on Tuesday blocked the Pregnant Workers Fairness Act from taking effect in the state, ruling that the U.S. House trampled on the U.S. Constitution's quorum requirements when it allowed some lawmakers to vote on the legislation by proxy.

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Expert Analysis

  • Safeguarding Attorneys' Greatest Asset: Our Mental Health

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    Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

  • Digital Nomads: Key Considerations For Global Businesses

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    As employers and employees embrace remote, location-independent work arrangements enabled by technology, they must be mindful of the employment law and tax consequences such arrangements may trigger, say Hannah Wilkins and Audrey Elliott at Eversheds Sutherland.

  • Top 10 Labor And Employment Issues In M&A Transactions

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    In order to ensure that M&A transactions come to fruition in the current uncertain environment, companies should keep several labor and employment issues in mind during the due diligence process to minimize risk, says Cassidy Mara at Akerman.

  • Opinion

    Law Schools Are Right To Steer Clear Of US News Rankings

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    By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.

  • Opinion

    Litigation Funders Seek Transparency In Disclosure Debate

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    Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

  • Employee Immigration Considerations For M&A Due Diligence

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    For a company going through a merger or acquisition, an immediate review of immigration issues, including compliance and impediments to employee retention, can remove several stumbling blocks known to trip up otherwise viable deals, say Elizabeth Gibbes and Miguel Manna at Parker Poe.

  • 5 Principles For Better Professional Development Programs

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    The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

  • Series

    My Favorite Law Prof: How I Learned To Practice With Passion

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    First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.

  • Questions To Ask Before Making A Lateral Move As Partner

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    Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.

  • Series

    My Favorite Law Prof: How I Learned To Argue Open-Mindedly

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    Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.

  • ABA's No-Contact Rule Advice Raises Questions For Lawyers

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    The American Bar Association's ethics committee recently issued two opinions concerning the no-contact rule — one creates an intuitive and practical default for electronic communications, while the other sets a potential trap for pro se lawyers, say Lauren Snyder and Deepika Ravi at HWG.

  • 4 Key Skills For An Effective Attorney Coaching Conversation

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    As BigLaw firms are increasingly offering internal coaching as one of many talent strategies to stem ongoing lawyer attrition, Stacey Schwartz at Katten discusses how coaches can help attorneys achieve their goals.

  • Perspectives

    How Civilian Attorneys Can Help Veterans

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    With legal aid topping the U.S. Department of Veterans Affairs' annual list of unmet needs of veterans facing housing insecurity, nonmilitary volunteer attorneys can provide some of the most effective legal services to military and veteran clients, say Anna Richardson at Veterans Legal Services and Nicholas Hasenfus at Holland & Knight.

  • Series

    My Favorite Law Prof: How I Learned That Culture Shapes Law

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    U.S. District Judge Jed Rakoff of the Southern District of New York considers how a class with Jerry Cohen at Harvard Law helped him understand culture and history’s influence on jurisprudence, and how even seemingly settled law can evolve — all while espousing a more humanistic approach to teaching that restored Judge Rakoff's pride in being a lawyer.

  • 9 Legal Ethics Considerations In Natural Disaster Preparation

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    Since natural disasters like Hurricane Ian do not relieve lawyers of their ethical obligations to clients, law firms should focus their preparedness efforts on specific areas crucial to continuity of representation and ethics compliance, like business and communications contingency planning, record redundancy and more, says Mark Hinderks at Stinson.

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