Immigration

  • August 16, 2024

    9th Circ. Revives Jamaican Man's Bid To Fight Removal

    The Ninth Circuit resuscitated a Jamaican man's case to fight his removal from the country, agreeing with both the man and the government that an immigration appeals board misapplied the law when it dismissed the suit.

  • August 16, 2024

    NC Legislation To Watch In 2024: A Midyear Report

    College "prop bets" are on the line, and a public face mask requirement could be torpedoed — at least in some situations — under two proposals being considered by the North Carolina General Assembly.

  • August 15, 2024

    7th Circ. Says Voluntary Departure Eligibility Limits Are Sound

    The Seventh Circuit on Thursday rejected a Mexican man's challenge to a regulation that limits the availability of voluntary departure, saying Congress gave the attorney general the authority to whittle down who is eligible.

  • August 15, 2024

    Feds Say Texas Lacks Standing To Join Asylum-Limits Suit

    The federal government is reiterating its arguments that the state of Texas should not be allowed to join a lawsuit challenging the Biden administration's newest limits on asylum seekers, arguing Thursday that a Texas federal judge's dismissal of the state's challenge to a 2023 asylum rule was instructive.

  • August 15, 2024

    Judge Wary Of Paxton's Bid To 'Annihilate' Houston Nonprofit

    A Texas state judge indicated Thursday that he was hesitant to allow Texas Attorney General Ken Paxton to file a suit seeking to take away an immigrant-led nonprofit's corporate charter, telling attorneys that Paxton was asking him "to go zero to 100" by seeking "annihilation" of the entity.

  • August 15, 2024

    DHS Sets Immigrant Worker Reforms For June 2025 Agenda

    The U.S. Department of Homeland Security has proposed amending its regulations in three preference classifications, setting possible rulemaking for its semiannual regulatory agenda in June 2025.

  • August 15, 2024

    Illinois Rep. Touts Bill To Train Immigration Court Attys

    U.S. Rep. Delia Ramirez, D-Ill., said Thursday that a large number of defendants in U.S. immigration courts have no legal representation due to those courts having no policy to provide them with an attorney if they can't afford it and touted a bill she co-sponsored that would create a grant program to train more immigration attorneys.

  • August 15, 2024

    DC Judge Restarts Border Wall Suit After Deal Scuttled

    A D.C. federal judge has resumed a suit over border wall damage on Arizona ranch lands after the ranches and the Biden administration said a Texas injunction in a different case upended a potential settlement in this one.

  • August 14, 2024

    ICE Faces Trimmed Suit Over Detainee's COVID-19 Death

    A California federal court on Tuesday again allowed U.S. Immigration and Customs Enforcement to trim a lawsuit alleging it failed to protect a man who died in detention but kept claims alleging ICE failed to oversee its facilities or protect the man from COVID-19.

  • August 14, 2024

    GSA Hit With Protest Over $985M Migrant Kid Transport Deal

    Trailboss Enterprises Inc. is protesting the General Services Administration's decision to award a $985.4 million transportation and logistics contract for unaccompanied children in federal custody to a competitor, saying it lost the contract because of a flawed selection process.

  • August 14, 2024

    House Republicans Press DHS On Pause Of Parole Program

    House Republicans are pressing the U.S. Department of Homeland Security for more information about why the agency paused a humanitarian program for Cuba, Haiti, Nicaragua and Venezuela, saying documents the agency already turned over highlight issues with sponsor vetting.

  • August 14, 2024

    1st Circ. Says Brazilian's Asylum Testimony Not Credible

    The First Circuit denied a petition for review from a Brazilian man and his son of a Board of Immigration Appeals decision denying their bid for removal protection, finding that the decision was supported by evidence that the father lacked credibility.

  • August 14, 2024

    Top Immigration Cases To Watch In The 2nd Half Of 2024

    The remainder of this year could see courts render decisions on President Joe Biden’s efforts to curb unlawful immigration, the legality of the Deferred Action for Childhood Arrivals program, and fresh challenges to immigration-related regulations. Here, Law360 looks at cases that could rock the immigration sphere in the latter half of the year.

  • August 13, 2024

    DHS To Expedite Asylum Processing At Canadian Border

    The Biden administration is set to begin expediting asylum processing at the Northern border with Canada and limiting how long asylum seekers have to consult attorneys, U.S. Department of Homeland Security confirmed to Law360 on Tuesday.

  • August 13, 2024

    Honduran Woman's Rape Case Against ICE Dismissed Again

    A Honduran immigrant waited too long to sue over claims that a U.S. Immigration and Customs Enforcement agent raped her repeatedly for seven years, a Connecticut federal court ruled for the second time, once again finding in favor of the defendants after the Second Circuit revived the case in 2023.

  • August 13, 2024

    CBP Strikes $45M Deal To End Pregnancy Bias Suit

    U.S. Customs and Border Protection will pay $45 million to wrap up a class action brought on behalf of 1,000 workers who said the agency forced them onto light duty because they became pregnant, the workers' attorneys said Tuesday.

  • August 13, 2024

    DOJ Says Law Bars All River Structures In Texas Buoy Row

    The Biden administration criticized Texas' "cribbed reading" of the Rivers and Harbors Act in its suit to make Texas remove a border barrier in the Rio Grande, saying the law bars all unauthorized structures in the river — even those that haven't been built yet.

  • August 13, 2024

    The Top Immigration Cases Of 2024 So Far

    The U.S. Supreme Court handed down 2024’s biggest immigration rulings so far, including greenlighting a two-step removal notice scheme, barring U.S. citizens from challenging spousal visa denials and opening up hardship determinations to judicial review. Here, Law360 looks back at the year's four most consequential court decisions for immigration.

  • August 12, 2024

    Split 9th Circ. Says Mexican Man Deprived Of Right To Atty

    A split Ninth Circuit panel affirmed a district court's dismissal of an indictment against a Mexican national for illegal reentry after being previously deported, finding that he did not knowingly and voluntarily waive his right to an attorney.

  • August 12, 2024

    Tesla Subcontractors Didn't Violate FCA, 9th Circ. Rules

    The Ninth Circuit on Monday refused to revive two foreign workers' whistleblower suit against companies tapped to provide a Tesla construction project with laborers, ruling in a published opinion that the companies didn't defraud the government by seeking cheaper work visas.

  • August 12, 2024

    Visa Lottery Winners Ask Full DC Circ. To Allow Processing

    Attorneys for 2020 and 2021 diversity visa lottery winners asked the full D.C. Circuit to undo a panel decision barring the U.S. Department of State from processing their expired visa applications, saying the decision flouts precedent.

  • August 12, 2024

    SEC Accuses Crypto Co., Execs, Promoters Of $650M Fraud

    The U.S. Securities and Exchange Commission on Monday sued crypto trading firm Nova Tech Ltd., its founders and promoters in Florida federal court for their roles in an alleged $650 million fraud and pyramid scheme that targeted many in the Haitian American community.

  • August 12, 2024

    Top Immigration Policies To Watch In The 2nd Half Of 2024

    The final months of the Biden administration could bring last-minute policymaking to address worker shortages, while new asylum restrictions could be solidified along with a program to offer protections and work permits to unauthorized spouses of U.S. citizens.

  • August 09, 2024

    Migrant Detentions In Texas Too Long, DHS Watchdog Says

    U.S. Immigration and Customs Enforcement's struggles with holding detainees at its long-term detention facilities have caused prolonged detentions at three U.S. Border Patrol facilities near the Texas-Mexico border, the U.S. Department of Homeland Security's internal watchdog revealed on Thursday.

  • August 09, 2024

    Visa Rule Change Forcing Priests Out Of US, Suit Claims

    A U.S. Department of State regulation unlawfully deprioritized visa availability for foreign religious workers, who as a result are being forced to leave the U.S. and abandon their congregations or overstay their visas, a new federal lawsuit claims.

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Expert Analysis

  • Justices' Removal Ruling Presents Hurdles, But Offers Clarity

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    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.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    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.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    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.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    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.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    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.

  • How Associates Can Build A Professional Image

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    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.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    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.

  • Think Like A Lawyer: Always Be Closing

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    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.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    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.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    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.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    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.

  • Series

    Fishing Makes Me A Better Lawyer

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    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.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    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.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    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.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

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