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Immigration
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April 02, 2024
DOJ Adds 5 Members To Immigration Appeals Board
The U.S. Department of Justice expanded its Board of Immigration Appeals, adding five jurists to its existing 23-member body to reduce the immigration courts' historic caseload.
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April 01, 2024
Fla. Judge Refuses To Pause Wage Rule For H-2A Workers
A Florida federal judge on Friday adopted a magistrate judge's recommendation to uphold a U.S. Department of Labor rule raising the wages of H-2A agricultural workers, rejecting objections from farm groups that the report was overly deferential to the government's arguments.
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April 01, 2024
Investors Group Says New EB-5 Guidance Violates APA
A trade association of EB-5 visa regional centers brought U.S. Citizenship and Immigration Services into D.C. federal court, accusing the agency of abruptly changing the minimum investment period for foreigner investors seeking green cards without soliciting public comments.
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April 01, 2024
Farmworker Org. Seeks Ruling On Fla. Immigrant Transport Law
Attorneys for the Farmworker Association of Florida Inc. have urged a federal judge to get a move on in deciding whether to block a Florida law that makes transporting unauthorized immigrants a crime, saying a recent Fifth Circuit decision provides the impetus.
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April 03, 2024
CORRECTED: Immigration Bond Cos. Owe $811M For Deceptive Practices
A Virginia federal judge ordered Libre by Nexus Inc., a bonding company, to fork over more than $811 million in the Consumer Financial Protection Bureau's suit alleging the company engages in predatory bonding practices targeting cash-strapped immigration detainees.
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April 01, 2024
DeSantis Ducks Mass. Suit Over Migrant Flights
A Massachusetts federal judge has released Florida Gov. Ron DeSantis and most other defendants from a proposed class suit by a group of migrants who claim they were duped into boarding flights to Martha's Vineyard, ruling that the court lacked jurisdiction.
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April 01, 2024
Immigration Atty Can't Challenge Suspension For Phone Use
An immigration attorney can't challenge her suspension before the Board of Immigration Appeals for refusing to stop using her phone in court, as a North Carolina federal judge has found the case moot because she failed to show how her reputation has continued to be harmed.
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April 01, 2024
Dems Urge Biden To Extend Immigrants' Expiring Work Docs
Seventy congressional Democrats signed off on a letter released Monday urging the Biden administration to immediately extend employment authorization for tens of thousands of immigrants who will soon lose their ability to legally work due to processing delays.
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March 29, 2024
Northern Texas Judges Won't Adopt Judge-Shopping Rule
Judges with the Northern District of Texas have opted not to make any changes to how cases are assigned, despite a recent letter from Senate Majority Leader Chuck Schumer urging the district to implement an updated policy aiming to prevent litigants from judge shopping, the district's chief judge said Friday.
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March 29, 2024
High Court SEC Case May Bear On DOJ's Immigration Probes
A highly anticipated Supreme Court decision on the constitutionality of the U.S. Securities and Exchange Commission's tribunal body could lend support to Walmart and SpaceX in immigration enforcement proceedings, and it may even have the potential to strike the foundation of immigration courts.
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March 29, 2024
Migrant's Death Had To Be Direct Shot, Ariz. Jury Hears
Jurors weighing charges that an Arizona rancher murdered a migrant who was allegedly trespassing on his property heard testimony Friday from a weapons expert who said the fatal wound had to be from a direct shot as opposed to a stray falling bullet.
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March 29, 2024
GEO Group Brass Agree To Reforms To End Derivative Suit
Shareholders who claimed executives of private prison contractor GEO Group Inc. lied about financing deals with major banks told a Florida federal judge that the company has agreed to a host of corporate reforms to end the derivative suit, which will include the appointment of a chief compliance officer.
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March 29, 2024
Bill Would Ease Native American Travel Across Canadian Border
A bipartisan bill recently introduced in the U.S. House of Representatives would simplify the process for indigenous community members to cross the U.S.-Canadian border by eliminating a blood quantum requirement and allowing them to use tribal-issued identification as proof of membership in a federally recognized tribe.
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March 29, 2024
Judge Won't Stop Immigration Fee Hikes From Taking Effect
A Colorado federal judge refused Friday to temporarily halt upcoming immigration fee hikes, saying the $5,775 increase the EB-5 investor will pay is a drop in the bucket compared to the plaintiff's $500,000 capital investment.
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March 29, 2024
Ohio School Beats Race Bias Suit Over Pandemic Layoffs
The University of Akron defeated a lawsuit alleging it targeted two finance professors for layoffs during the pandemic because one is Black and one is Asian, with an Ohio federal judge ruling Friday that the academics relied on faulty statistical analysis to back up their claims.
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March 29, 2024
Varnum Grows Practice With Corporate Immigration Pro
A Michigan law firm has picked up an immigration attorney with more than 25 years of experience helping businesses meet their immediate and long-term immigration needs.
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March 29, 2024
Slew Of Briefs To Justices Chide Feds' Spousal Visa Denial
The U.S. Supreme Court has received a flood of amicus briefs, including from federal lawmakers, former U.S. Department of Homeland Security officials and the American Bar Association, asserting that the government unconstitutionally denied a man's spousal visa application by withholding a detailed explanation.
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March 28, 2024
Ariz. Rancher Appeared 'Calm' Before Body Found, Jury Hears
A Border Patrol agent who responded to an Arizona rancher's call for help before a migrant was found dead admitted Thursday that he would expect a person who had just shot someone to be "nervous, shaken up," and the rancher was the opposite of that.
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March 28, 2024
Staffing Co. Takes $100K DOJ Deal To End Hiring Bias Claims
An information technology staffing group agreed to pay $100,000 to resolve claims that its online job advertisements discouraged and excluded asylum-seekers and refugees from applying, the U.S. Department of Justice announced.
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March 28, 2024
Feds Lean On 5th Circ. SB 4 Order To Argue For Buoy Removal
The Biden administration has told a Texas federal court that a Fifth Circuit ruling blocking a controversial Texas migrant arrest law confirms that the administration has a valid cause of action in seeking to remove the state's floating anti-migrant barriers.
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March 28, 2024
DOL Judge Rejects Hawaiian Hotel's H-2B Bid Over Lack Of Info
A U.S. Department of Labor judge wouldn't let Grand Hyatt Kauai boost its staff with noncitizens during tourism season, faulting the Hawaiian resort for resubmitting the same information on its application in response to a request for more information.
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March 28, 2024
House To Push Impeachment Of DHS Head To Senate In April
House Speaker Mike Johnson, R-La., and 11 other House Republicans urged Senate Majority Leader Chuck Schumer, D-N.Y., to quickly schedule the impeachment trial for U.S. Department of Homeland Security Secretary Alejandro Mayorkas because the House will be sending over the articles of impeachment on April 10.
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March 28, 2024
Grading Garland: Attys Give AG Mixed Reviews 3 Years In
U.S. Attorney General Merrick Garland's name won't be on the ticket in November, but his performance three years into his tenure is a subplot in the 2024 presidential election.
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March 27, 2024
CFPB Flags False Advertising Risk For Money Transfer Firms
The Consumer Financial Protection Bureau on Wednesday cautioned international money transfer providers about how they market themselves, saying advertising services as "free" when customers are still required to pay additional fees for converting or delivering funds may violate federal law.
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March 27, 2024
Calif. Judge Decries DOJ's Broken Promises In Travel Ban Suit
A California federal judge reprimanded U.S. Department of Justice attorneys for causing delays, breaking promises and hobbling the administration of justice while granting class certification to individuals who sought waivers to former President Donald Trump's travel ban targeting mostly Muslim-majority countries.
Expert Analysis
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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Series
Inside Immigration Court: Making The Case For Bond Release
Immigration Judge Samuel Cole offers a guide to help attorneys practicing in immigration court — against a backdrop of high stakes and fast-moving dockets — better prepare for bond hearings, so proceedings run more smoothly and with less delay.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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Minimizing Discrimination Risks In Export Control Compliance
A recently issued U.S. Department of Justice fact sheet on avoiding immigration-related discrimination in U.S. export control compliance should help employers learn to walk a tightrope to ensure their good faith compliance efforts do not unintentionally create risks, say attorneys at Baker McKenzie.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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EB-5 Reform Continues To Weigh Heavily On Participants
Recent U.S. Citizenship and Immigration Services guidance helps clarify aspects of the 2022 EB-5 Reform and Integrity Act, which increased oversight of EB-5 regional centers, but does not end the industry's continuing state of uncertainty, says Robert Divine at Baker Donelson.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.