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Immigration
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December 13, 2024
Immigration Board Won't Halt Removal In $4M Criminal Case
The Board of Immigration Appeals on Friday rejected a Dominican man's attempt to halt his removal from the country after he was convicted of conspiracy to commit money laundering, saying the nearly $4 million laundered renders the conviction an aggravated felony.
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December 13, 2024
DOL Board Says Agency Can Revoke Prior H-2B Registrations
The Board of Alien Labor Certification Appeals has affirmed a U.S. Department of Labor officer's decision to deny a Texas fabrication company's request to temporarily hire dozens of foreign metalworkers and to revoke its previously approved registration number for the H-2B visa program.
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December 13, 2024
Wash. School District Settles Civil Rights Probe By DOJ
The U.S. Department of Justice said this week that it reached an agreement to end an investigation into severe and widespread harassment of Black, Latino and LGBTQ+ students in an eastern Washington school district.
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December 13, 2024
White House Reviewing 2nd Half Of H-1B Modernization Rule
With just over a month to go before the inauguration, the White House is reviewing the second half of a regulation to overhaul the H-1B temporary visa program for specialty occupations, the last step before the rule can be finalized.
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December 12, 2024
DHS Must Do More For Acquisition Staff Troubles, GAO Says
The U.S. Department of Homeland Security is not doing all it can to address the workload and hiring challenges its acquisition workforce is facing, according to a U.S. Government Accountability Office report released on Thursday.
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December 12, 2024
Judge Says Pay Owed After Texas Co. Benched H-1B Worker
A Department of Labor judge said a Houston engineering company owes a former H-1B worker nearly $57,000 in wages since it "benched" the worker without pay for months after a third-party contract collapsed during the COVID-19 pandemic.
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December 12, 2024
Immigrant Rights Groups Slam DHS 'Manifestation' Standard
Immigrant rights organizations challenging the Biden administration's directive curtailing asylum at the southern border told a D.C. federal judge that the administration's latest brief confirms the updated rule goes far beyond what Congress authorized.
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December 12, 2024
Prison Co. Says Jurors Shouldn't See ICE Facility In TVPA Suit
Private prison operator Geo Group urged a Colorado federal judge to deny immigrant detainees' request to show jurors the inside of its detention facility in a trafficking case, including the size of housing units, arguing Wednesday the facility's size will not be relevant when determining whether detainees performed forced labor.
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December 12, 2024
DHS Unveils New Evidence Requirements For Entrepreneurs
U.S. Citizenship and Immigration Services on Thursday updated and expanded the types of evidence foreign entrepreneurs can submit to get temporary admission to the U.S. under a program designed to encourage U.S. startups and spur economic growth.
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December 11, 2024
4th Circ. Unsure Judges' Free Speech Suit Belongs In Court
A Fourth Circuit panel appeared skeptical Wednesday that courts could hear a challenge from the immigration judges' union to a policy it contends restrains their free speech rights, suggesting that recent U.S. Supreme Court precedent would doom the appeal.
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December 11, 2024
Dem Senators Urge Biden To Extend Immigrant Protections
Several Democratic senators on Wednesday urged President Joe Biden to use his final days in office to bolster temporary protected status protections for several countries and expedite the renewal process for Deferred Action of Childhood Arrivals recipients.
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December 11, 2024
DHS Confirms 4th Chinese Nationals Removal Flight This Year
More Chinese migrants were deported from the U.S. via chartered flight Monday as part of the federal government's policy imposing harsher penalties for those who enter the country illegally, marking the fourth large-scale removal flight to China in the last six months, the Department of Homeland Security said Wednesday.
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December 11, 2024
Border Protection Says It's Swamped With FOIA Requests
U.S. Customs and Border Protection told a judge it is working to hand over records Texas Attorney General Ken Paxton requested months ago, but said a spike in document requests has made it "almost impossible" to meet Freedom of Information Act deadlines.
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December 11, 2024
Cross-Border Criminal Antitrust Trial Will Stay In Houston
A case against a group of defendants accused of using violence to monopolize the cross-border sale of used cars from the U.S. into Central America must stay in Houston, a federal judge ruled this week.
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December 10, 2024
BNP Paribas Seeks High Court Appeal In Sudan Refugee Case
BNP Paribas has urged the U.S. Supreme Court to clarify the standard for permitting immediate appeals of class certifications, arguing the Second Circuit was wrong to deny it such review in a class action accusing the bank of enabling human rights abuses in Sudan.
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December 10, 2024
Use Of 1798 Law For Mass Removals Could Be Tough Sell
If President-elect Donald Trump follows through with his promise to invoke the Alien Enemies Act of 1798 to deport millions of unauthorized immigrants, he may have an uphill battle convincing federal courts that the law can be used to quell an immigrant "invasion."
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December 10, 2024
Fed. Circ. Says IT Cos. Can't Duck $4K H-1B Petition Fees
The Federal Circuit on Tuesday rejected software companies' attempt to secure a refund on H-1B visa petition fees for U.S.-based noncitizens, saying the fee is applicable regardless of whether the workers are already in the country or not.
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December 10, 2024
AFL-CIO Backs DOL In Effort To Keep H-2A Labor Rule Alive
The AFL-CIO on Tuesday backed the U.S. Department of Labor's efforts to toss a suit in North Carolina federal court challenging the department's final rule protecting union-related activities for agricultural workers on seasonal H-2A visas, saying that it doesn't violate federal labor law.
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December 10, 2024
8th Circ. Remands Sexual Misconduct Removal Case
The Eighth Circuit sent a Minnesota man's removal case back to immigration court for further review after finding that the third-degree sexual misconduct statute that he pled guilty to doesn't fall within the federal definition of rape that would allow him to be removed.
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December 10, 2024
DHS Makes Automatic Work Permit Extensions Permanent
The U.S. Department of Homeland Security said Tuesday it's permanently increasing the automatic extension period for expiring work authorization to 540 days, giving a boost to eligible immigrant workers who may otherwise confront a lapse in their permission to work.
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December 10, 2024
High Court Bars Judicial Review Of Revoked Visa Petitions
The U.S. Supreme Court on Tuesday held that revocations of previously approved visa petitions cannot be appealed in federal courts because they are discretionary agency decisions that are not subject to judicial review.
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December 09, 2024
Feds Cite 9th Circ. In Bid To End Texas' Migrant Transit Law
The Biden administration and immigrant advocacy groups told a Texas federal court that a recent Ninth Circuit decision backed their bid to strike down a Texas executive order allowing state officers to pull over drivers suspected of transporting unauthorized migrants.
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December 09, 2024
Healthcare Facilities Biz Settles DOJ Citizenship Bias Claims
Healthcare Services Group Inc. and one of its affiliates have agreed to pay roughly $17,400 in penalties and lost wages and benefits to put to rest the U.S. Department of Justice's allegations the company discriminated against prospective employees based on citizenship status, the Justice Department announced Friday.
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December 09, 2024
1st Circ. Gives Salvadoran Another Shot At Asylum Bid
The First Circuit has ruled that an immigration judge and later the Board of Immigration Appeals may have erred in denying a Salvadoran man's bid for asylum by not fully considering the risk of torture and persecution he faced in his home country.
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December 09, 2024
5th Circ. Revives Yemeni Man's Bid To Recover Atty Payment
The Fifth Circuit on Monday revived a Yemeni man's bid to recover over $800,000 from his former attorney, saying a bankruptcy court didn't fully flesh out whether equitable tolling was warranted if the attorney secretly transferred the money elsewhere.
Expert Analysis
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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How Harsher Penalties For AI Crimes May Work In Practice
With recent pronouncements from the U.S. Department of Justice that prosecutors may seek sentencing enhancements for crimes committed using artificial intelligence, defense counsel should understand how the sentencing guidelines and statutory factors will come into play, says Jennie VonCannon at Crowell & Moring.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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2026 World Cup: Companies Face Labor Challenges And More
Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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What Attorneys Need To Know About H-1B Lottery Changes
The newly revamped H-1B lottery process opened Wednesday and promises to bring more fairness to securing highly competitive slots, giving more companies a chance to access highly skilled workers, say Renée Mueller Steinle and Elizabeth Chatham at Stinson.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.