Immigration

  • September 10, 2024

    DeSantis Blasts Mass. Suit Over Martha's Vineyard Flights

    Florida Gov. Ron DeSantis shouldn't have to fight "conspiracy theory" claims in Massachusetts over whether the Sunshine State tricked migrants into boarding flights to Martha's Vineyard, the governor said in a sweeping dismissal bid.

  • September 09, 2024

    Army Corps Wants Border Fence Deal Rating Dispute Tossed

    The U.S. Army Corps of Engineers has urged the U.S. Court of Federal Claims to dismiss a suit alleging it gave an unfairly low performance rating to a border fence construction contractor on a $789 million deal, arguing the rating was fair and reasonable.

  • September 09, 2024

    Wash. Ends First Inspection Effort Against GEO Group

    Washington State has dropped its original bid to force private prison operator The GEO Group to allow its health agency to conduct spot inspections at an immigrant detention facility, after it launched a new suit alleging officials had been blocked from entering.

  • September 09, 2024

    Texas Still Not Injured By DHS Parole Program, 5th Circ. Told

    Texas' concerns about the Biden administration restarting a parole program for Cubans, Haitians, Nicaraguans and Venezuelans following a fraud investigation did little to move the yardstick on whether the state has standing, intervenors hoping to save the program told the Fifth Circuit.

  • September 09, 2024

    Immigration Nonprofit Can Join 10th Circ. Okla. Suit, For Now

    A nonprofit that has backed the Biden administration's opposition to Oklahoma's ban on unauthorized immigrants living in the state can participate in the state's appeal to the Tenth Circuit, but the appellate court said the panel ultimately assigned to the case can decide otherwise. 

  • September 09, 2024

    Engineers' Counsel Requests $220K In Forced Labor Suit

    Attorneys representing a class of Mexican engineers who claimed they were lured to the U.S. with false promises of high-paying jobs asked a Georgia federal court to greenlight their request for $220,000 for their work securing a $1.2 million settlement to resolve the dispute.

  • September 06, 2024

    ICE Is Failing Language Service Obligations, Report Says

    U.S. Immigration and Customs Enforcement has routinely violated internal standards for providing detainees with language services, leaving detainees unable to communicate severe medical conditions and being deported for missing simple filing requirements, according to a report from Yeshiva University's Benjamin N. Cardozo School of Law.

  • September 06, 2024

    Advocates Seek Info On How Migrant Children's Ages Are Decided

    Two immigration advocacy organizations sued the U.S. Department of Homeland Security in New York federal court for information on whether it is using a "discredited" method to assess the age of unaccompanied migrant children when making custody determinations.

  • September 06, 2024

    9th Circ. Says Immigration Board Mischaracterized Calif. Law

    A split Ninth Circuit panel ordered the Board of Immigration Appeals on Friday to reconsider a Jamaican man's request to reopen his removal case, saying the board mischaracterized the California law under which the conviction that formed the basis of his removal was vacated.

  • September 06, 2024

    5th Circ. Urged To Act Fast On Green Card Rule Suit Appeal

    A nonprofit immigrant rights group has asked the Fifth Circuit to accelerate its challenge to a lower court's refusal to let them intervene in a Texas lawsuit against a program allowing noncitizen relatives of U.S. citizens to seek green cards, noting a bench trial could proceed soon without its participation.

  • September 06, 2024

    Immigration Judges May Fix Some Faulty Removal Notices

    Immigration judges can use their broad authority to amend documents to fix notices to appear in immigration court that are missing the time and location of the removal hearing, the Board of Immigration Appeals ruled Friday.

  • September 06, 2024

    DOL Allows Visa Extension After US Worker's Resignation

    A garden and landscape nursery can extend a foreign worker's H-2A visa based on the sudden resignation of a domestic worker, a U.S. Department of Labor judge said, reversing an officer's refusal to grant the extension.

  • September 05, 2024

    CFTC Says Ex-Commish's Signature Was Forged For $1.5M Scam

    The Commodity Futures Trading Commission has sued the operator of an unlicensed commodity pool for allegedly targeting dozens of Spanish-speaking immigrants in a $1.5 million Ponzi-like scheme that used a fictitious license containing a counterfeit CFTC seal and a forged commissioner signature to falsely promise investors guaranteed monthly returns.

  • September 05, 2024

    Immigration Orgs Warn White House Not To Pursue Border Act

    Immigration and human rights advocacy organizations warned the Biden administration that they would oppose any plans to revive a failed, bipartisan bill that would have introduced a new presidential authority to stop asylum processing at the border, calling the proposal cruel and anti-immigrant.

  • September 05, 2024

    Feds Seek To Nix EB-1 Visa Suit After Reopening Application

    U.S. Citizenship and Immigration Services told a Pennsylvania federal court on Thursday that an Irish steeplechase jockey's lawsuit challenging a denied application for an EB-1 extraordinary ability visa should be dismissed, as it was reconsidering the request.

  • September 05, 2024

    Texas Judge Extends Block On DHS Spousal Parole Program

    A Texas federal judge Wednesday denied the Biden administration's bid to lift a soon-to-expire pause on issuing parole under its new program for certain U.S. citizens' relatives seeking green cards while in the U.S., extending the temporary stay for another 14 days.

  • September 05, 2024

    Russia 'History Nerd' Avoids Jail In Probe Of Oligarch Ties

    A Manhattan federal judge on Thursday allowed a Soviet Union-born Russia history buff to avoid time behind bars for lying the FBI about his affiliation with an anti-Ukraine group controlled by indicted Russian oligarch Konstantin Malofeyev.

  • September 04, 2024

    Marine Atty Fights Sanctions In Afghan Baby Kidnapping Suit

    A U.S. Marine Corps lawyer facing a $15 million lawsuit for allegedly kidnapping an orphaned Afghan baby urged a Virginia federal judge to reject a bid by the baby's cousins for attorney fees as part of a sanctions order against him and his wife.

  • September 04, 2024

    DC Circ. Says Feds Can Withhold Asylum Assessments

    The D.C. Circuit ruled that U.S. Citizenship and Immigration Services need not honor Freedom of Information Act requests seeking officers' confidential assessments of asylum seekers, saying the agency had sufficiently explained how that disclosure would harm government interests.

  • September 04, 2024

    Judge Says EB-5 Investors, Fund Must Disclose More Info

    An Illinois federal judge told a group of Chinese investors and a development fund on Wednesday they both must provide additional information in a suit accusing the fund of making off with $13.2 million intended for the development of a Hawaii resort.

  • September 04, 2024

    DHS Seeks To Lift Block On Spousal Parole Program

    The Biden administration urged a Texas federal court to restore its policy letting certain foreign relatives of American citizens such as spouses apply for green cards from within the U.S., saying that states opposing the policy haven't shown it caused financial harm.

  • September 04, 2024

    Full DC Circuit Refuses To Save Green Cards For Visa Winners

    Thousands of diversity visa winners lost their yearslong court battle to obtain their green cards, when the full D.C. Circuit declined to review a panel decision barring the U.S. Department of State from processing their expired visa applications.

  • September 03, 2024

    3rd Circ. Preview: Starbucks Firing, Liquor Law In September

    Two National Labor Relations Board cases grace the Third Circuit's September session, when panels will probe the agency's suits against Starbucks Corp. for firing Philadelphia workers attempting to unionize and a plastic company accused of firing a safety whistleblower.

  • September 03, 2024

    2nd Circ. Won't Ax Dad's Removal Over Child's Mental Health

    The Second Circuit ruled Tuesday that a man who entered the U.S. illegally more than two decades ago can't cancel his removal on the grounds that it would cause his daughter hardship, ruling that any adverse impacts would be typical of family separation.

  • September 03, 2024

    Turf Farm Can't Claim Agricultural OT Exemption, Judge Rules

    The work H-2A visa workers performed for a turf farm doesn't represent the agricultural work that would be exempt from overtime under the Fair Labor Standards Act, a Missouri federal judge ruled Tuesday, handing the workers a partial win in their overtime suit.

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Expert Analysis

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • What's Ahead For Immigrant Employee Rights Enforcement

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    The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • How Int'l Student-Athlete Law Would Change The NIL Game

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    Recently proposed legislation to allow international student-athletes the opportunity to profit from their name, image and likeness without violating their F-1 nonimmigrant student visa status represents a pivotal step in NIL policy, and universities must assess and adapt their approaches to accommodate unique immigration concerns, say attorneys at Phelps Dunbar.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Expect CFPB Flex Over Large Nonbank Payment Cos.

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    A recent enforcement action and a new rule proposal from the Consumer Financial Protection Bureau indicate a growing focus on the nonbank payment ecosystem, especially larger participants, in 2024, say Felix Shipkevich and Jessica Livingston at Shipkevich.

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