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Immigration
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December 11, 2024
Dem Senators Urge Biden To Extend Immigrant Protections
Several Democratic senators on Wednesday urged President Joe Biden to use his final days in office to bolster temporary protected status protections for several countries and expedite the renewal process for Deferred Action of Childhood Arrivals recipients.
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December 11, 2024
DHS Confirms 4th Chinese Nationals Removal Flight This Year
More Chinese migrants were deported from the U.S. via chartered flight Monday as part of the federal government's policy imposing harsher penalties for those who enter the country illegally, marking the fourth large-scale removal flight to China in the last six months, the Department of Homeland Security said Wednesday.
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December 11, 2024
Border Protection Says It's Swamped With FOIA Requests
U.S. Customs and Border Protection told a judge it is working to hand over records Texas Attorney General Ken Paxton requested months ago, but said a spike in document requests has made it "almost impossible" to meet Freedom of Information Act deadlines.
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December 11, 2024
Cross-Border Criminal Antitrust Trial Will Stay In Houston
A case against a group of defendants accused of using violence to monopolize the cross-border sale of used cars from the U.S. into Central America must stay in Houston, a federal judge ruled this week.
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December 10, 2024
BNP Paribas Seeks High Court Appeal In Sudan Refugee Case
BNP Paribas has urged the U.S. Supreme Court to clarify the standard for permitting immediate appeals of class certifications, arguing the Second Circuit was wrong to deny it such review in a class action accusing the bank of enabling human rights abuses in Sudan.
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December 10, 2024
Use Of 1798 Law For Mass Removals Could Be Tough Sell
If President-elect Donald Trump follows through with his promise to invoke the Alien Enemies Act of 1798 to deport millions of unauthorized immigrants, he may have an uphill battle convincing federal courts that the law can be used to quell an immigrant "invasion."
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December 10, 2024
Fed. Circ. Says IT Cos. Can't Duck $4K H-1B Petition Fees
The Federal Circuit on Tuesday rejected software companies' attempt to secure a refund on H-1B visa petition fees for U.S.-based noncitizens, saying the fee is applicable regardless of whether the workers are already in the country or not.
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December 10, 2024
AFL-CIO Backs DOL In Effort To Keep H-2A Labor Rule Alive
The AFL-CIO on Tuesday backed the U.S. Department of Labor's efforts to toss a suit in North Carolina federal court challenging the department's final rule protecting union-related activities for agricultural workers on seasonal H-2A visas, saying that it doesn't violate federal labor law.
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December 10, 2024
8th Circ. Remands Sexual Misconduct Removal Case
The Eighth Circuit sent a Minnesota man's removal case back to immigration court for further review after finding that the third-degree sexual misconduct statute that he pled guilty to doesn't fall within the federal definition of rape that would allow him to be removed.
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December 10, 2024
DHS Makes Automatic Work Permit Extensions Permanent
The U.S. Department of Homeland Security said Tuesday it's permanently increasing the automatic extension period for expiring work authorization to 540 days, giving a boost to eligible immigrant workers who may otherwise confront a lapse in their permission to work.
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December 10, 2024
High Court Bars Judicial Review Of Revoked Visa Petitions
The U.S. Supreme Court on Tuesday held that revocations of previously approved visa petitions cannot be appealed in federal courts because they are discretionary agency decisions that are not subject to judicial review.
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December 09, 2024
Feds Cite 9th Circ. In Bid To End Texas' Migrant Transit Law
The Biden administration and immigrant advocacy groups told a Texas federal court that a recent Ninth Circuit decision backed their bid to strike down a Texas executive order allowing state officers to pull over drivers suspected of transporting unauthorized migrants.
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December 09, 2024
Healthcare Facilities Biz Settles DOJ Citizenship Bias Claims
Healthcare Services Group Inc. and one of its affiliates have agreed to pay roughly $17,400 in penalties and lost wages and benefits to put to rest the U.S. Department of Justice's allegations the company discriminated against prospective employees based on citizenship status, the Justice Department announced Friday.
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December 09, 2024
1st Circ. Gives Salvadoran Another Shot At Asylum Bid
The First Circuit has ruled that an immigration judge and later the Board of Immigration Appeals may have erred in denying a Salvadoran man's bid for asylum by not fully considering the risk of torture and persecution he faced in his home country.
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December 09, 2024
5th Circ. Revives Yemeni Man's Bid To Recover Atty Payment
The Fifth Circuit on Monday revived a Yemeni man's bid to recover over $800,000 from his former attorney, saying a bankruptcy court didn't fully flesh out whether equitable tolling was warranted if the attorney secretly transferred the money elsewhere.
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December 09, 2024
19 Republican AGs Win Order Against DACA Health Coverage
Nineteen states secured an order on Monday that bars the federal government from requiring them to comply with a regulation that extends federal health coverage to immigrants brought to the U.S. as children without authorization, blocking enforcement of a Biden administration rule.
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December 09, 2024
3rd Circ. Judge Unsure Child Care Needs Can Halt Deportation
The Third Circuit on Monday pondered how it should analyze the effect a Trinidad and Tobago national's deportation would have on his U.S. citizen child, with one judge suggesting that the boy's medical issues may not rise to the level of canceling removal.
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December 09, 2024
Ex-Duane Morris Immigration Chair Joins Greenspoon Marder
Greenspoon Marder LLP announced Monday the hiring of a former immigration partner at Duane Morris LLP for its Miami office.
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December 09, 2024
Asylum Limits Suit May Remain On Ice Past Inauguration
The Biden administration and attorneys for a group of asylum-seekers challenging a rule restricting asylum on the southern border told a D.C. federal judge that settlement talks are ongoing but may not conclude before President-elect Donald Trump takes office next month.
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December 06, 2024
Chinese Magnet Co. CEO Latest Charged In DOD Supply Scam
Federal prosecutors on Friday unsealed the latest indictment in an allegedly sprawling conspiracy involving Quadrant Magnetics LLC and its employees, charging Quadrant's CEO with conspiring to export sensitive U.S. defense data to China while illegally selling U.S. defense companies Chinese-made Quadrant magnets.
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December 06, 2024
GEO Tells 9th Circ. Recent Ruling Backs It In Wage Fight
Private prison contractor The GEO Group Inc. told the Ninth Circuit on Friday that a recent ruling in the same court underscores its assertion that only the federal government can say whether a minimum wage must be paid to detained immigrants participating in a voluntary work program in Tacoma, Washington.
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December 06, 2024
Calif. Judge Revives H-1B Application For Biz With Pot Ties
A California federal judge has revived a software company's application for a foreign employee's H-1B visa amendment, ruling the government was not justified in denying the application because of the company's clientele in the cannabis industry.
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December 06, 2024
Split 6th Circ. Revives 2 Guatemalan Sisters' Asylum Bids
A split panel of the Sixth Circuit revived part of two Guatemalan sisters' asylum applications, with the majority finding that the U.S. Board of Immigration Appeals failed to properly consider that the duo may have been partially persecuted because of their family and one dissenting judge opining that "partially" is not enough.
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December 06, 2024
Trump Adds Border Hardliners To Homeland Security Team
President-elect Donald Trump rolled out three more picks to staff his homeland security team whose backgrounds indicate the incoming administration is poised to proceed apace with its planned border crackdown.
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December 05, 2024
Feds Defend Asylum Rule And 'Manifestation' Standard
The Biden administration on Wednesday defended its recent rule curtailing asylum at the southern border, telling a D.C. federal court that it acted reasonably in putting the "onus" on noncitizens to express a fear of persecution or torture.
Expert Analysis
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Biden Green Card Program Unlikely To Advance Post-Election
Even if Vice President Kamala Harris wins the election and continues a Biden administration policy that would allow certain foreign relatives of American citizens to apply for green cards without leaving the U.S., a challenge in Texas federal court is likely to delay implementation for a long time, says Brad Brigante at Brigante Law.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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Employment Verification Poses Unique Risks For Staffing Cos.
All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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How Immigration Attys Should Prep For A 2nd Trump Term
In light of the possibility of a drastic policy shift under a second Trump administration, immigration lawyers must review what Trump did during his first term, assess who would be most affected if those policies return and develop legal strategies to safeguard their clients' interests, says Adam Moses at Harris Beach.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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How A Trump Win Might Affect The H-1B Program
A review of the Trump administration's attempted overhaul of the H-1B nonimmigrant visa program suggests policies Donald Trump might try to implement if he is reelected, and specific steps employers should consider to prepare for that possibility, says Eileen Lohmann at BAL.