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Immigration
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April 18, 2024
Texas Says Justices' Takings Decision Saves Its Arrest Law
Texas has pointed the Fifth Circuit to a recent U.S. Supreme Court decision, arguing that it supports the state's bid to undo a district court injunction blocking state officials from arresting and deporting immigrants suspected of crossing the border unlawfully.
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April 18, 2024
BNP Paribas Can't Escape Suit Over Sudan's Rights Abuses
A New York federal judge on Thursday largely denied BNP Paribas SA's request for an early win in a lawsuit accusing it of funding the former Sudan government's human rights violations, saying the Sudanese refugee plaintiffs have pointed to a "multitude of proofs" showing the bank's "conscious assistance" and knowledge of Sudan' genocidal acts.
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April 18, 2024
Weather Data Dooms Co.'s H-2B Visa Bid For Warm Months
A U.S. Department of Labor judge rejected a concrete company's efforts to hire seasonal workers from spring to fall, pointing out that its weather data undermined claims that it was seeking workers during warm-weather months favorable to concrete work.
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April 18, 2024
Feds Say Texas' Asylum Fight Must Go After La. Suit Got Axed
The Biden administration told a Texas federal judge Wednesday that the Lone Star state's lawsuit challenging a Biden administration rule broadening immigration officers' power to expedite asylum applications must be tossed in light of a recent decision in Louisiana throwing out nearly identical claims lodged by 19 Republican-led states.
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April 18, 2024
DHS Watchdog Finds Use Of Force Issues In Fla. ICE Facility
Officers at a U.S. Immigration and Customs Enforcement detention facility in Miami used inappropriate force on detainees, including pepper-spraying a harmless and isolated individual through a slot in a cell door, according to a government watchdog report.
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April 18, 2024
Immigrant Sues USCIS Over Denial Of I-130 Bids For Children
A naturalized U.S. citizen sued the U.S. Citizenship and Immigration Services on Wednesday, demanding the agency reverse a decision that she said improperly denied her I-130 petitions for permanent residency for her four children.
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April 17, 2024
Salvadoran Deported By Mistake Ends Suit Over Injuries Abroad
A Salvadoran man who was wrongly deported by U.S. Immigration and Customs Enforcement has ended his suit over the abuse he suffered in a Salvadoran prison, after reaching a settlement with the federal government, according to Massachusetts federal court documents.
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April 17, 2024
Lack Of Standing Sinks GOP States' Asylum Policy Challenge
A Louisiana federal judge dismissed Republican-led states' lawsuit attacking a Biden administration rule that facilitates the quick adjudication of asylum applications at the border, saying the states failed to link an alleged increase in asylees to increased public benefit costs.
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April 17, 2024
Senate Dems Make Short Work Of Mayorkas Impeachment
Senate Democrats on Wednesday followed through on a promise to quickly dismiss articles of impeachment against U.S. Department of Homeland Security Secretary Alejandro Mayorkas, sidestepping a trial despite Republican opposition and attempts to postpone the proceedings.
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April 17, 2024
WashU Medical School Settles Claims Of Asylee Bias, Firing
The Washington University School of Medicine in St. Louis has settled claims that it fired a worker who complained that he was being forced to prove he held asylum, according to the U.S. Department of Justice.
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April 16, 2024
GEO Asks Judge To Again Bar NJ Immigration Detention Law
GEO Group has asked a New Jersey federal judge in a new complaint to enjoin enforcement of a state law prohibiting private detention facilities from contracting with federal immigration authorities, saying the judge had already barred the law's enforcement against a fellow prison operator, CoreCivic.
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April 16, 2024
7th Circ. Open To Religious Workers' Visa Rule Challenge
Religious institutions trying to revive their challenge to a visa regulation they contend unfairly strips work authorization from foreign ministers seemed to strike a chord with a Seventh Circuit panel on Tuesday, which suggested the rule might disadvantage religious workers.
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April 16, 2024
Son's Health Issues Not Enough To Prevent Dad's Deportation
A father could not convince the Tenth Circuit on Tuesday that his son's medical and educational issues warranted reopening his deportation case, his efforts to stay in the country undercut by evidence that the boy's condition was treatable.
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April 16, 2024
Judge Won't Rethink Wash. ICE Detention Hygiene Bill Injunction
A Washington federal judge stood by his month-old ruling that blocked the state from conducting surprise inspections at an immigration detention facility, saying the state hadn't shown that his decision was legally incorrect.
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April 16, 2024
Credit Union And 'Dreamers' Get Initial OK To Settle Bias Suit
A California federal judge preliminarily approved a settlement offering cash to individuals who accused Alliant Credit Union of denying them loans for being asylum claimants, recipients of the Deferred Action for Childhood Arrivals program or dependents of employment-based visa holders.
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April 15, 2024
Gov't Says Mich. Court Lacks Authority Over U-Visa Delay Suit
The federal government on Friday urged a Michigan federal court to toss a proposed class action alleging unreasonable decision delays in U-visa petitions, saying the court wouldn't be able to cure the visa-seeking plaintiffs' alleged harm of being unable to work.
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April 15, 2024
Counties Say Colo. Can't Limit Their Cooperation With ICE
Two Colorado counties filed a lawsuit Monday challenging state laws that restrict how local governments can work with federal immigration authorities, arguing that the state constitution forbids such interference with a local government's ability to cooperate with the federal government.
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April 15, 2024
Bond Co. Asks For Life-Saving Pause On $811M Fine
Immigration bonding company Libre by Nexus Inc. has begged a Virginia federal court for more time to pay an $811 million judgment for predatory bonding practices, saying it would collapse if forced to pay before it can execute its transfer to a new owner.
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April 15, 2024
Feds Tells Justices US Citizen Lacks Interest In Spouse's Visa
The U.S. State Department told the U.S. Supreme Court on Friday that U.S. citizens don't have a constitutional right to know why consular officers deny their spouses' visas, saying that any requirement to provide an explanation would raise national security concerns.
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April 15, 2024
Justices Revive 7 Immigration Appeals After Hardship Ruling
The U.S. Supreme Court on Monday granted certiorari in seven cases and remanded all of them in light of its recent ruling that circuit courts have the authority to review hardship determinations in immigration appeals.
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April 15, 2024
Justices Won't Hear Challenge To Wash. Voting Rights Law
The U.S. Supreme Court declined Monday to consider whether Washington's voting rights law made race the predominant factor in redistricting, in a case involving a rural county with a slim majority of Latino voters.
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April 12, 2024
GEO Seeks Wash. ICE Detention Law's Permanent End
Private prison operator GEO Group Inc. told a Washington federal court judge that the fact the court found parts of a law aimed at improving private prison standards unconstitutional meant the court should permanently bar the law's enforcement.
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April 12, 2024
Berry Appleman Faces Disability Bias Suit By Ex-Tech Lead
Global immigration law firm Berry Appleman & Leiden is facing a disability discrimination suit filed Friday in Texas federal court by its former software tech lead, who says the firm set him up to fail when he sought reasonable accommodations for a coding project due to side effects from his medication.
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April 12, 2024
House To Retry Spy Bill After Warrant Measure Fails By 1 Vote
The U.S. House of Representatives on Friday voted to reauthorize government surveillance of foreigners without warrants, only to have a Florida Republican call for a reconsideration vote for Monday to require warrants for spying on Americans' communications caught up in the surveillance.
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April 12, 2024
Split 6th Circ. Orders BIA To Rethink Iraqi Man's Asylum Bid
A divided panel of the Sixth Circuit has published an opinion ruling that the U.S. Board of Immigration Appeals did not properly consider new evidence in an Iraqi man's asylum petition under the Convention Against Torture, with one judge dissenting to say the board did not abuse its discretion.
Expert Analysis
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3 Job Satisfaction Questions For Partners Considering Moves
The post-pandemic rise in legal turnover may cause partners to ask themselves what they really want from their workplace, how they plan to grow their practice and when it's time to make a move, says Patrick Moya at Quaero Group.
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4 Exercises To Quickly Build Trust On Legal Teams
High-performance legal teams can intentionally build trust through a rigorous approach, including open-ended conversations and personality assessments, to help attorneys bond fast, even if they are new to the firm or group, says Ben Sachs at the University of Virginia School of Law.
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8 Steps To Improve The Perception Of In-House Legal Counsel
With the pandemic paving the way for a reputational shift in favor of in-house corporate legal teams, there are proactive steps that legal departments can take to fully rebrand themselves as strong allies and generators of value, says Allison Rosner at Major Lindsey.
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Procedure Rule 7.1 Can Simplify Litigators' Diversity Analysis
A recent amendment to Federal Rule of Civil Procedure 7.1 will help trial courts determine whether the parties to a case are diverse, and may also allow litigators to more quickly determine whether they can remove certain cases to federal court, says Steve Shapiro at Schnader Harrison.
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Atty Conflict Discussions In Idaho Murder Case And Beyond
A public defender's representation of the accused University of Idaho murderer after prior representation of a victim's parent doesn't constitute a violation of conflict of interest rules, but the case prompts ethical questions about navigating client conflicts in small-town criminal defense and big-city corporate law alike, say Hilary Gerzhoy and Charles Loeser at HWG.
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Why The Original 'Rocket Docket' Will Likely Resume Its Pace
Though the Eastern District of Virginia, for decades the fastest federal trial court in the country, experienced significant pandemic-related slowdowns, several factors unique to the district suggest that it will soon return to its speedy pace, say Dabney Carr and Robert Angle at Troutman Pepper.
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The Discipline George Santos Would Face If He Were A Lawyer
Rep. George Santos, who has become a national punchline for his alleged lies, hasn't faced many consequences yet, but if he were a lawyer, even his nonwork behavior would be regulated by the American Bar Association's Model Rules of Professional Conduct, and violations in the past have led to sanctions and even disbarment, says Mark Hinderks at Stinson.
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A Litigation Move That Could Conserve Discovery Resources
Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.
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Navigating DOJ's Fresh Focus On Criminal Monopoly Charges
For the first time in nearly 45 years, the U.S. Department of Justice has brought criminal charges for violations of Section 2 of the Sherman Act in two very different cases, displaying a renewed willingness to level criminal charges for price-fixing or other coordination under both Sections 1 and 2, say attorneys at Foley & Lardner.
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Litigators Should Approach AI Tools With Caution
Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.
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5 Ways Attorneys Can Use Emotion In Client Pitches
Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.
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5 Keys To A Productive Mediation
Excerpt from Practical Guidance
Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.
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Evaluating The Legal Ethics Of A ChatGPT-Authored Motion
Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.
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7 Tips To Increase Your Law Firm's DEI Efforts In 2023
Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.
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Series
Keys To A 9-0 High Court Win: Get Back To Home Base
When I argued for the petitioner in Morgan v. Sundance before the U.S. Supreme Court last year, I made the idea of consistency the cornerstone of my case and built a road map for my argument to ensure I could always return to that home-base theme, says Karla Gilbride at Public Justice.