Immigration

  • June 28, 2024

    Biden Extends Deportation Protections For 309K Haitians

    The Biden administration on Friday expanded a humanitarian immigration program to provide temporary deportation relief to roughly 309,000 Haitians currently living in the U.S. who can't safely return to their war-torn Caribbean nation where gang violence has escalated in recent months.

  • June 28, 2024

    Afghans Who Aided U.S. Gov't Sue Over Kids' Visa Denials

    A group of Afghan nationals who supported the U.S. government in its decades-long war against the Taliban sued the federal government in Virginia federal court Thursday, claiming their children's visa applications were arbitrarily denied after years of processing delays, forcing them to remain in Afghanistan and putting them in grave danger.

  • June 28, 2024

    Ga. Secretary Of State Seeks Denial Of Fees In Voting Case

    The Georgia secretary of state has urged a federal judge not to award attorney fees and costs to a coalition of voting rights groups that challenged the legality of how the state adds newly naturalized citizens to its voter rolls.

  • June 28, 2024

    High Court Enters July With 3 Rulings To Go

    In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action. 

  • June 28, 2024

    Supreme Court Strikes Down Chevron Deference

    The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.

  • June 27, 2024

    Biden, Trump Spar On Abortion Access In The Wake Of Dobbs

    The U.S. Supreme Court's Dobbs decision upending Americans' access to abortion care made an early appearance at Thursday night's presidential debate, with President Joe Biden lamenting the end of Roe v. Wade and former President Donald Trump taking credit for handing the issue of abortion rights "back to the states."

  • June 27, 2024

    Ga. Judge Says NBC Falsely Reported Mass Hysterectomies

    A Georgia federal judge has ruled several news programs under the NBCUniversal umbrella incorrectly portrayed a doctor as having performed unwanted mass hysterectomies on immigrant women held at a private detention center.

  • June 27, 2024

    Expert Testimony Gets Narrowed In Immigrants' Vetting Fight

    A Washington federal judge on Wednesday prohibited some expert testimony offered by both parties in a certified class action alleging that the Biden administration illegally shelved Muslim immigrants' naturalization applications for "extreme vetting."

  • June 27, 2024

    Parole Challenge Ruling Was 'Error Twice Over,' 5th Circ. Told

    A Texas-led coalition of states told the Fifth Circuit on Wednesday that a cost-benefit analysis a trial court considered before allowing a new Biden administration migrant parole program to continue is "error twice over," writing that such calculations are not for the court to make when it evaluates standing.

  • June 27, 2024

    9th Circ. Revives US Citizen's Hiring Bias Suit Against Meta

    A split Ninth Circuit panel on Thursday reinstated a proposed class action alleging Facebook parent company Meta unlawfully favors visa holders when hiring, ruling that a Reconstruction-era civil rights law bars employers from discriminating against U.S. citizens.

  • June 27, 2024

    Justices Limit SEC's Use Of In-House Courts

    The U.S. Supreme Court on Thursday curtailed the U.S. Securities and Exchange Commission's use of its in-house court system, saying the accused have a right to a jury trial when financial penalties are on the table.

  • June 26, 2024

    Claims Court Says USAID Wrongly Cut JV From $800M Deal

    The U.S. Court of Federal Claims has ruled that the U.S. Agency for International Development was wrong to rescind a joint venture's slot on an $800 million support services procurement after one of its members was suspended from federal contracting.

  • June 26, 2024

    NJ, Pa. Apartment Co. Accused Of Migrant Discrimination

    A Guatemalan immigrant who has received protections under the Deferred Action for Childhood Arrivals program accused a real estate development and management company of alienage discrimination on Wednesday after she was informed that the company could not accept her housing applications without a valid permanent resident card or visa.

  • June 26, 2024

    Texas Moves To Bar DOJ Witness In Rio Grande Barrier Fight

    Texas has moved to disqualify one of the Biden administration's witnesses in litigation over the Lone Star state's 1,000-foot barrier in the Rio Grande to keep out migrants, arguing the witness has no relevant or reliable opinions to offer.

  • June 26, 2024

    Texas Uses Justices' Gun Ruling To Defend Deportation Law

    Texas has told the Fifth Circuit that a recent U.S. Supreme Court decision maintaining a ban on firearm ownership for domestic abusers supports its state law authorizing the arrest and deportation of migrants.

  • June 26, 2024

    Fed. Circ. Says No Fees For HID Global In Patent Suit

    The Federal Circuit has backed a U.S. Court of Federal Claims finding that HID Global Corp. can't have attorney fees after being let out of patent litigation brought by Giesecke & Devrient, but it affirmed on different grounds.

  • June 26, 2024

    Judge Won't Free Texas Officials From Lengthy Detention Suit

    A Texas federal judge refused to toss four migrants' claims that state officials detained them for longer than allowed, saying they have pled enough misconduct that, if true, would show the officers were aware they were holding detainees for weeks past their release date.

  • June 26, 2024

    NC Bar Rips Immigration Atty's 'Absurd' Disbarment Appeal

    The North Carolina State Bar urged a state appellate court not to entertain an immigration attorney's appeal of his disbarment, stating that his appeal featured arguments that came too late and otherwise relied on a fallacious and "incoherent" reading of disciplinary regulations with "absurd results."

  • June 25, 2024

    Expired Diversity Visas Can't Be Processed, DC Circ. Says

    The D.C. Circuit on Tuesday reversed several lower court orders requiring the U.S. Department of State to process applications for diversity visas for fiscal years 2020 and 2021 after the deadline, finding the district court lacked the authority to order such relief.

  • June 25, 2024

    9th Circ. Reopens Jehovah's Witness Preacher's Asylum Bid

    The Ninth Circuit on Tuesday reopened a Jehovah's Witness preacher's petition seeking asylum after he was attacked and threatened by Salvadoran gang members for regularly preaching on the streets, finding his religion would be a central reason for the attacks, even without the gang's motive for financial gain through extortion.

  • June 25, 2024

    Texas' Challenge To Biden Admin. Asylum Rule Survives

    A Texas federal judge ruled Tuesday that he got it right when he declined the federal government's attempt to end the state's suit challenging a Biden administration rule that broadens immigration officers' power over the asylum system, saying Texas did enough to withstand a motion to dismiss.

  • June 25, 2024

    2nd Circ. Affirms 5-Year Sentence For Impostor Immigration Atty

    A Connecticut woman sentenced to five years in federal prison for stealing money from vulnerable victims by pretending to be an immigration attorney can't undo her plea deal or lessen the roughly $368,000 she was ordered to pay in restitution, the Second Circuit has ruled.

  • June 25, 2024

    Feds Stonewalling Immigration Fee Record Request, Suit Says

    A civil rights group in Boston filed suit Tuesday to force the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services to hand over records about how the government decides requests to waive fees for people seeking immigration protections.

  • June 25, 2024

    Immigration Org.'s Attys Can Be In Union, NLRB Official Says

    Attorneys at a nonprofit providing immigration legal services may remain in a voluntarily recognized union bargaining unit, a National Labor Relations Board regional director concluded, saying the attorneys are not supervisors who are excluded from unionizing under federal labor law.

  • June 25, 2024

    Fed. Circ. Revives Class Action Against Feds' Visa Fraud Sting

    The Federal Circuit on Tuesday revived an Indian citizen's proposed class action to recover tuition payments to a fake university the U.S. Department of Homeland Security set up to catch visa fraudsters, saying the lower court wrongly determined it lacked jurisdiction.

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Expert Analysis

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Tips For Student Visa Applicants Mired In Processing Delays

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    Notwithstanding procedural changes at the U.S. Department of State that provided hope for more timely and predictable visa processing outcomes, international student applications continue to risk becoming bogged down in administrative processing, but certain steps may improve the situation, say Carl Risch and Lauren Epstein at Mayer Brown.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • How A Gov't Shutdown Would Affect Immigration Processing

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    While a government shutdown would certainly create issues and cause delays for immigration processing, independently funded functions would continue for at least a limited time, and immigration practitioners can expect agencies to create reasonable exceptions and provide guidance for navigating affected matters once operations resume, say William Stock and Sarah Holler at Klasko Immigration Law Partners.

  • Opinion

    Smart Immigration Reform Can Improve Health Care Access

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    With the U.S. health care crisis expected to worsen due to ongoing nationwide physician shortages, immigration reform can provide one short-term solution to bring more trained doctors to medically underserved areas, says Sarah Peterson at Fragomen.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Opinion

    Time To End Double Standard On Kids' Green Cards

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    Recent changes to the U.S. Citizenship and Immigration Services rules have helped many children qualify for green cards, but the government's failure to extend these changes to consular processing unfairly leaves out children stuck abroad who need visas to join their parents in the U.S., says Edward Ramos at Kurzban Kurzban.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Litigation Can Facilitate EB-5 Investor Visa Determinations

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    Processing times in the EB-5 investor visa program continue to rise, but filing a mandamus claim in the right venue against U.S. Citizenship and Immigration Services may offer applicants mired in delay a means to expedite processing, says Mark Stevens at Clark Hill.

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