Immigration

  • June 11, 2024

    4th Circ. Unconvinced Migrant Siblings' Abuse Was Retaliatory

    The Fourth Circuit has refused to revive an asylum application from two Salvadoran siblings fleeing an abusive uncle, unconvinced that the uncle had targeted the pair in retaliation for their mother's reporting him to the police.

  • June 11, 2024

    NC Hair Braiding Biz Loses H-2B Bid Over Year-Round Need

    A North Carolina hair braiding business won't be able to hire three shampoo assistants after a U.S. Department of Labor appeals board found that an increase in business doesn't qualify as temporary need under the H-2B temporary foreign labor program.

  • June 11, 2024

    NY Courts Agree To Boost Translation Services After Bias Case

    New York state court officials instituted reforms and sealed an agreement with federal prosecutors on Tuesday related to claims that an upstate county denied Spanish-speaking defendants translation services in violation of their civil rights.

  • June 11, 2024

    Immigration Firm Says Rival Poached Workers And Stole TM

    A Washington immigration law firm specializing in visas for domestic violence and sex trafficking victims is accusing a competing Texas firm of poaching its employees and stealing a Spanish phrase covered by its trademark — "Arreglar sin salir!" — which translates to "fix without leaving."

  • June 10, 2024

    Permanent Residents Say Iowa Removal Law Will Ensnare Them

    Immigrant advocacy group Iowa Migrant Movement for Justice responded on Monday in Iowa federal court to the state's argument that lawful permanent residents are exempted from a law empowering officials to arrest and remove previously deported noncitizens, saying no such exception exists.

  • June 10, 2024

    Labor Shortage Can't Justify Bid For H-2B Caregivers

    A U.S. Department of Labor judge rejected a home healthcare company's efforts to use an alleged national labor shortage to push through an application to hire foreign workers, saying the company hadn't shown the labor issue was likely to end.

  • June 10, 2024

    Ohio Judge Won't Free Feds From Wife's Visa Delay Suit

    An Ohio federal magistrate judge refused to free the U.S. Department of State from a lawsuit challenging a delayed green card application, rejecting officials' claims that an application pushed into administrative proceedings was outside the court's purview.

  • June 10, 2024

    Migrant Cleaners Rebuff Colo. Hotel's Bid To Ditch Wage Suit

    The migrant contractor staff that cleaned a Colorado luxury hotel slammed the hotel's efforts to escape claims of underpaying its workers, telling a Colorado federal court Monday that the hotel set the terms of their employment.

  • June 10, 2024

    Texas Urges 5th Circ. To Prioritize DHS Parole Program Appeal

    Texas has urged the Fifth Circuit to expedite its bid to revive a challenge to the Biden administration's parole program for Cuba, Haiti, Nicaragua and Venezuela, saying time is of the essence because the case has major implications on federal immigration policy.

  • June 07, 2024

    Fla. Urges Judge To Reconsider Block Of Immigration Law

    Florida has urged a federal judge to reconsider an order blocking a state law that criminalizes the transportation of unauthorized immigrants, saying its argument that opposing parties failed to state the law is federally preempted was never addressed by the court.

  • June 07, 2024

    Judge Doubts Ethnicity Questions Deserve Jury Bias Probe

    A Washington appellate judge pushed back Friday against a Filipino family who claimed a hospital's questions about their ethnicity at trial required a bias inquiry, noting race is "something that can't be ignored" in any courtroom filled with people who look different from one another.

  • June 07, 2024

    DC Circ. Won't Let Gov't Toss Sped-Up Timeline For Ally Visas

    The D.C. Circuit on Friday refused to terminate a plan requiring the U.S. Department of State to speed up visa processing for Iraqi and Afghan nationals, ruling that some judicial involvement is still necessary to address delays.

  • June 07, 2024

    Judge Asks Impact Of New Border Policy On CBP App Suit

    A California federal judge has asked for briefing on the impact of a new executive order on asylum seekers who enter between ports of entry on a pending lawsuit ​​​​challenging a requirement that migrants use a smartphone app to submit applications.

  • June 07, 2024

    Vehicle Repair Co. Gets New Shot At Hiring H-2B Mechanic

    A maintenance and vehicle repair company will have another chance to apply for an H-2B certification for a diesel mechanic, a U.S. Department of Labor appeals board ruled, saying that a certifying officer arbitrarily anticipated the deadline for submission.

  • June 07, 2024

    Ex-Director In NYC Mayor's Office Charged With Bank Fraud

    A former director in the New York City Mayor's Office during the Bill de Blasio administration has been indicted on charges that he schemed to defraud over a dozen banks out of about $10 million using illegitimate fraud reports to induce reimbursements.

  • June 06, 2024

    5th Circ. Presses Feds On 'Perplexing' Razor Wire Arguments

    A three-judge Fifth Circuit panel had terse words Thursday for the government's argument that the court couldn't consider new facts on Texas' use of concertina wire at the border when deciding whether to issue a new injunction preventing federal agents from removing the wire, asking how it was "supposed to even react" to that claim during oral arguments

  • June 06, 2024

    7th Circ. Says Courts Can't Help Canadian Waive 10-Year Ban

    The Seventh Circuit on Thursday said its hands were tied on getting a Canadian man a quick decision on whether he can stay in the U.S. while he seeks to waive a requirement he stay abroad for 10 years.

  • June 06, 2024

    Judge Consolidates Suits Targeting Okla. Immigration Law

    A federal judge has combined two lawsuits challenging a new Oklahoma law making it a crime for undocumented immigrants to live in the state, joining separate cases lodged by the Biden administration and a nonprofit immigrant advocacy group.

  • June 06, 2024

    Wash. Labor Dept. Wants To Back AG In ICE Inspections Suit

    The Washington state labor and health departments want to throw their support behind efforts in the Ninth Circuit by the state's governor and attorney general to defend a state law that allows surprise inspections at private immigration detention centers.

  • June 06, 2024

    'Brothel' Manager Violated Bail After $5.7M Sting, Feds Say

    A manager and bookkeeper facing federal charges connected to a COVID-19 grant and tax fraud scheme at a Connecticut strip club violated his bail conditions by showing up at the facility and "hanging out" with a potential witness, federal probation authorities have alleged.

  • June 06, 2024

    Cleaning Co. Must Undergo Assisted Recruitment For H-2B

    A U.S. Department of Labor appeals board affirmed an order requiring a cleaning and restoration company to undergo assisted recruitment until late April 2026 to hire H-2B workers, saying the company, which sought foreign janitors, failed to follow regulatory recruitment requirements.

  • June 06, 2024

    Kurzban Law Firm Launches DC Office In Farragut Square

    Kurzban Kurzban Tetzeli & Pratt PA has launched an office in Washington, D.C., and named a Mayer Brown LLP attorney who was assistant secretary of state for consular affairs as its managing partner, the firm announced Wednesday.

  • June 05, 2024

    Biden Asylum Halt Contradicts Border Wire Suit, Texas Says

    Texas tore into the U.S. Department of Homeland Security on Wednesday, saying a new executive order that halts asylum claims from immigrants who cross the border illegally directly contradicts the agency's argument before the Fifth Circuit over Texas' use of concertina wire fencing at the border.

  • June 05, 2024

    Exceptions May Help New Border Rules Survive Litigation

    The new border regime that President Joe Biden rolled out this week relies on legal provisions that courts largely barred the Trump administration from using to restrict entry, but exceptions in Biden's policy could offer insulation from adverse rulings this time.

  • June 05, 2024

    Hiring Pattern Dooms Mo. Spa's Quest For Foreign Waitstaff

    A lakeside Missouri resort and spa lost in its quest to hire 15 foreign waitstaff for its tourist season after a U.S. Department of Labor appeals board ruled the resort failed to show its need for the foreign staff was temporary.

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Expert Analysis

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    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.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    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.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    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.

  • Litigation Inspiration: A Source Of Untapped Fulfillment

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    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.

  • Series

    Skiing Makes Me A Better Lawyer

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    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.

  • What Attorneys Need To Know About H-1B Lottery Changes

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    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.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    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.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    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.

  • 7 Common Myths About Lateral Partner Moves

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    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.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    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.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    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.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • USCIS Fee Increases May Have Unintended Consequences

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    U.S. Citizenship and Immigration Services’ new fee schedule, intended to provide the agency with needed funds while minimizing the impact of higher fees on individual immigrants and their families, shifts too much of the burden onto employers, say Juan Steevens and William Coffman at Mintz.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

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