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Immigration
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March 07, 2024
GOP States Seek To Save Biden's Asylum Limits Rule
Several Republican attorneys general said Thursday their states should get the opportunity to intervene in the Biden administration's attempt to settle a lawsuit over a rule limiting asylum, saying the rule actually helps states deal with unlawful immigration.
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March 07, 2024
9th Circ. Says Board Ignored Salvadoran's Testimony
The Ninth Circuit has ordered the Board of Immigration Appeals to reconsider whether deporting a Salvadoran mother and daughter would expose them to state-condoned gang violence, faulting the board for "entirely" failing to address evidence that local police cooperated with gang members.
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March 07, 2024
Long-Distance Truck Drivers Again Found Eligible For H-2B
An administrative law judge has revived a trucking company's bid to temporarily hire foreign drivers, saying the Office of Foreign Labor Certification's answers to frequently asked questions, which a certifying officer relied on when denying the bid, got immigration law wrong.
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March 06, 2024
8th Circ. Rejects Appeal Of Denial Of Pause In Green Card Fight
The Eighth Circuit on Tuesday unanimously rejected a challenge by a group of Indian nationals to a U.S. Citizenship and Immigration Services' refusal to issue final decisions on their status adjustment applications seeking lawful permanent residency, finding the panel lacks subject-matter jurisdiction to hear the case.
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March 06, 2024
Feds Resolve Immigrant Father-Son Border Separation Suit
The U.S. government has finalized a settlement with a Guatemalan father and son to end a $6 million lawsuit alleging federal immigration officers forcibly separated them at the border and blaming the Trump administration's policies for the trauma the two suffered as a result, according to recent court filings.
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March 06, 2024
House Votes To Require DHS Border Contract Reviews
A newly passed bill by the U.S. House of Representatives seeks to ensure accountability of federal contracts for operations and services along the U.S.-Mexico border.
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March 06, 2024
Lottery Winners Say Visa Wait Has Sent Them To The Border
Winners of the diversity visa lottery pressed the Washington, D.C., federal court to order the immediate processing of thousands of green cards, saying visa hopefuls who have waited years to immigrate are now entering through the U.S.-Mexico border instead.
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March 06, 2024
GEO Tries To Keep Immigration Site Inspection Suit In Fed Court
Private prison operator GEO Group argued this week that the Washington state labor department's lawsuit accusing GEO of unlawfully turning away inspectors from an immigrant detention facility should stay in federal court since GEO was merely following U.S. Immigration and Customs Enforcement instructions.
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March 05, 2024
Settlement Gets 'Tire Spinning' EB-5 Fraud Suit Unstuck
Winter thawed in a Florida courthouse on Tuesday when the last remaining defendant in a nearly decade-long $50 million investment fraud suit agreed to settle the case, surprising the judge and opposing counsel after refusing for years to strike a deal.
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March 05, 2024
Fed. Circ. Doubts Whether Atty Fee Suit Has Legs
The Federal Circuit didn't seem convinced Tuesday morning that a U.S. Court of Federal Claims order overturning an attorney fee award was even ripe for appeal, but by the end of oral arguments, the panel's ire was drawn toward an eleventh-hour challenge to jurisdiction.
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March 05, 2024
DocGo Hit With Investor Suit Over 'Limitless' Charter Clause
A mobile-healthcare company under scrutiny after being awarded a $432 million contract to provide services for migrants in New York City has been hit with a stockholder suit in Delaware's Court of Chancery alleging that the company's charter contains "broad and limitless" provisions that run afoul of state corporate law.
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March 05, 2024
8th Circ. Says Minor's Duress From Gang Can't Aid Asylum Bid
The Eighth Circuit has refused to overturn an immigration judge's decision denying asylum to a Honduran man who trafficked guns and drugs for MS-13 as a child, finding that his counsel didn't show how duress was linked to the asylum claim.
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March 05, 2024
ADI Can't Recoup Full Quinn Emanuel Bill In IP Theft Case
A Massachusetts federal judge on Tuesday compared Analog Devices Inc.'s pricey hiring of a Quinn Emanuel attorney to monitor its former engineer's trade secrets trial in person to paying "a brain surgeon to pop a pimple" in an order denying restitution for those costs.
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March 04, 2024
Ranches Nix Shepherds' 'Indentured Servitude' Suit For Now
A Nevada federal judge culled individual ranches from a sheepherder's antitrust lawsuit Monday, ruling that for now, the proposed class action has failed to specify their role in an alleged scheme led by the Western Range Association to keep guest worker wages down to the level of "permanent indentured servitude."
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March 04, 2024
Judge 'Uncomfortable' In Tossing Man's No-Fly-List Suit
A Michigan federal judge dismissed Monday a Lebanese-American businessman's lawsuit accusing several federal agencies of violating his fundamental rights by putting him on a secretive no-fly list, but the judge said the decision wasn't easy since the man couldn't face certain evidence.
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March 04, 2024
Alito Delays 5th Circ. Order On Texas' Migrant Arrest Law
The U.S. Supreme Court on Monday delayed a Fifth Circuit order that would have allowed a Texas law authorizing the arrest and removal of migrants to take effect on March 10, giving the state three additional days to fight the Biden administration's bid to block the law.
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March 04, 2024
ICE Could Have Acted On $14M Deal Protest Sooner, Judge Says
A U.S. Court of Federal Claims judge tossed a lawsuit protesting a $14.5 million U.S. Immigration and Customs Enforcement body armor deal, but not without chiding the agency for failing to address a purported conflict of interest earlier on in the dispute.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Opinion
Federal Courts Should Adopt Supreme Court's Amicus Stance
The federal courts of appeals should adopt the U.S. Supreme Court's new approach to amicus curiae briefs, which allows the friend-of-the-court submissions to be filed without consent from the court or the parties, says Lawrence Ebner at Atlantic Legal Foundation.
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Why NIL Policy Isn't A Game Changer For Int'l Students
While it's been over a year since the NCAA's groundbreaking policy change allowing paid sponsorships, most international student-athletes will be unable to benefit until U.S. government agencies clarify the immigration consequences, says Gabriel Castro at BAL.
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3 Pricing Trends In Law Firm Use Of Litigation Funding
As BigLaw firms increasingly include litigation funding as a financing option for clients, internal pricing groups are taking the lead on standardizing and centralizing firm processes, and aggregating risk budgets, says Brendan Dyer at Woodsford Group.
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Safeguarding Attorneys' Greatest Asset: Our Mental Health
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.
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Digital Nomads: Key Considerations For Global Businesses
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.
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Top 10 Labor And Employment Issues In M&A Transactions
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.
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Opinion
Law Schools Are Right To Steer Clear Of US News Rankings
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.
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Opinion
Litigation Funders Seek Transparency In Disclosure Debate
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.
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Employee Immigration Considerations For M&A Due Diligence
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.
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5 Principles For Better Professional Development Programs
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.
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Series
My Favorite Law Prof: How I Learned To Practice With Passion
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.
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Questions To Ask Before Making A Lateral Move As Partner
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.
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Series
My Favorite Law Prof: How I Learned To Argue Open-Mindedly
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.
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ABA's No-Contact Rule Advice Raises Questions For Lawyers
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.
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4 Key Skills For An Effective Attorney Coaching Conversation
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.