Immigration

  • September 03, 2024

    3rd Circ. Preview: Starbucks Firing, Liquor Law In September

    Two National Labor Relations Board cases grace the Third Circuit's September session, when panels will probe the agency's suits against Starbucks Corp. for firing Philadelphia workers attempting to unionize and a plastic company accused of firing a safety whistleblower.

  • September 03, 2024

    2nd Circ. Won't Ax Dad's Removal Over Child's Mental Health

    The Second Circuit ruled Tuesday that a man who entered the U.S. illegally more than two decades ago can't cancel his removal on the grounds that it would cause his daughter hardship, ruling that any adverse impacts would be typical of family separation.

  • September 03, 2024

    Turf Farm Can't Claim Agricultural OT Exemption, Judge Rules

    The work H-2A visa workers performed for a turf farm doesn't represent the agricultural work that would be exempt from overtime under the Fair Labor Standards Act, a Missouri federal judge ruled Tuesday, handing the workers a partial win in their overtime suit.

  • September 03, 2024

    Advocates Urge 8th Circ. To Keep Iowa Arrest Law Blocked

    Immigration lawyers and advocates for domestic violence survivors slammed Iowa's defense of a state law authorizing the arrest of immigrants who reentered the country after deportation, telling the Eighth Circuit that the immigrants may have obtained humanitarian protections after removal.

  • September 03, 2024

    Fla. AG Sues Feds Over Immigration Policy FOIA Requests

    Florida's Attorney General Ashley Moody filed a lawsuit Tuesday accusing the federal government of failing to respond to a public records request for information about what she says is a Biden administration policy of not automatically deporting "criminal aliens" after they have served their sentences.

  • September 03, 2024

    Former Aide To NY Gov. Indicted On Foreign Agent Charges

    A former aide to New York Gov. Kathy Hochul and ex-Gov. Andrew Cuomo was arrested Tuesday on allegations of secretly acting as an agent of China's government in a yearslong political conspiracy to promote the interests of the Chinese Communist Party and reap millions of dollars.

  • September 03, 2024

    Missing Recruitment Records Doom Foreign Translator Hire

    A U.S. Department of Labor appeals panel refused to let a company refile a labor certification application for a full-time foreign translator, saying the company committed a substantial error by failing to fulfill an officer's request for recruitment records.

  • August 30, 2024

    Fannie Mae Can't Save Foreign Hire With Belated Letter

    Fannie Mae couldn't save an application for a foreign software engineer by explaining her qualifications in a letter, when it didn't list her qualifications on the application itself, according to a ruling from the U.S. Department of Labor's appeals board.

  • August 30, 2024

    DOL Board Saves Foreign Broker Job Over Date Stamp Snafu

    The U.S. Department of Labor's appeals board revived a financial planner's efforts to permanently hire a foreign broker, ruling that a certifying officer incorrectly rejected the mailed-in request by using a processing center's time stamp as the filing date.

  • August 30, 2024

    Colo. Immigration Atty Disbarred After Hiding Her Suspension

    A Colorado immigration attorney was disbarred after she filed several documents with immigration authorities while suspended — claiming she was licensed in Nebraska — and appeared before an immigration judge without disclosing her suspension, according to a stipulation to discipline filed Thursday.

  • August 30, 2024

    Midyear Report: Texas Legislation To Watch Ahead Of 2025

    Texas lawmakers are scheduled to convene in January, and both the Texas House and Senate are already busy preparing to introduce new legislation.

  • August 30, 2024

    Georgia Judge Won't Undo Block Of H-2A Farmworker Rule

    A Georgia federal judge denied the U.S. Department of Labor's request to reconsider a preliminary injunction blocking a new rule aimed at improving pay and conditions for foreign farmworkers, ruling that its arguments to have the order more narrowly tailored were "far too little too late."

  • August 29, 2024

    Gov't Claims Title 42 Suit Is Nullified By End Of Program

    A D.C. federal judge on Thursday questioned government arguments that a proposed class of Haitian migrants' claims were moot in their challenge to the now-unenforceable Title 42 expulsion program for migrants from areas troubled by communicable disease, while wondering whether an immigration advocacy group plaintiff actually had standing.

  • August 29, 2024

    DOL, Miss. Fishery Reach Deal To End Suit Over Wage Probe

    The U.S. Department of Labor and a Mississippi fishery asked a federal judge on Thursday to sign off on a settlement in a suit accusing the fishery of interfering with a DOL wage investigation by threatening to physically harm workers and have them deported if they cooperated, referring to the claims in the deal as a "misunderstanding."

  • August 29, 2024

    Pa. State Courts Can Make Juvenile Immigrant Determinations

    The Pennsylvania Supreme Court ruled Thursday that state custody courts can make determinations about whether immigrant youth qualify for special immigrant juvenile protections in cases where a parent living in the U.S. is awarded sole custody, rather than a foster parent or state agency.

  • August 29, 2024

    Judge Trims Assault, Wage Claims Against Long Island Cafe

    A New York federal judge tossed some claims brought by one of eight former employees suing Marie Eiffel Market, a Long Island cafe popular with celebrities, but left the majority of the claims brought by the employees untouched.

  • August 29, 2024

    Democrats Condemn Lawsuit Against New Green Card Rule

    Two Democratic senators from Western states rallied on Thursday for the Biden administration's new program to grant parole to noncitizen spouses and stepchildren of U.S. citizens seeking green cards, which a federal court recently halted temporarily.

  • August 29, 2024

    UK Man Hid Yacht Fraud During Green Card Bid, Feds Say

    A U.K. man was charged with lying on a green card application when he failed to mention that he had served three years in prison for numerous fraud schemes and reportedly attempted to flee after being arrested, Boston prosecutors announced Thursday.

  • August 28, 2024

    9th Circ. Rejects Brady Violation Claim In CWA Conviction

    The Ninth Circuit on Wednesday upheld a Seattle barrel cleaning company owner's conviction for dumping chemical-laden wastewater into public sewers, rejecting his argument that federal prosecutors kept information from the jury about the immigration status of a key witness who worked for him.

  • August 28, 2024

    3rd Circ. Rejects Citizenship Bid Despite 21-Year Gov't Delay

    The Third Circuit on Wednesday upheld the denial of citizenship to a Trinidad and Tobago national convicted of drug-related offenses despite the government's 21-year delay in correcting its error in issuing his Certificate of Citizenship to begin with, ruling it doesn't have the power to grant citizenship.

  • August 28, 2024

    Feds Looks To Toss Ex-Citizens' Renunciation Fee Challenge

    The federal government asked a D.C. federal judge to throw out a lawsuit brought by former U.S. citizens who want their $2,350 citizenship renunciation fee refunded, arguing during a Wednesday hearing that the United States is immune from the litigation and the plaintiffs can't relitigate claims that they already lost.

  • August 28, 2024

    Attempted Child Abuse Is Grounds For Removal, BIA Says

    The Board of Immigration Appeals said a noncitizen convicted in Texas of attempting to injure a child is removable, rejecting the man's argument that attempted child injury doesn't constitute actual child abuse under the Immigration and Nationality Act.

  • August 28, 2024

    4th Circ. Says Immigration Board 'Flouted' Review Precedent

    The Fourth Circuit on Wednesday overturned a Board of Immigration Appeals decision denying a Yemeni national another chance to seek asylum, ruling that the BIA "flouted its own precedents" in applying a needlessly strict standard to reconsideration of his case.

  • August 28, 2024

    Judge Tosses Boxer's Don King Suit Over Filing Deficiencies

    A federal Florida judge has stopped heavyweight boxer Mahmoud Charr's second attempt to resolve a $1 million contract dispute with legendary promoter Don King, saying the fighter and his attorney have failed to provide timely filings.

  • August 27, 2024

    9th Circ. Says Pakistani Man Didn't Show 'Good Faith' Marriage

    The Ninth Circuit has ruled a Pakistani citizen looking to overcome a removal order couldn't show he married a U.S. citizen in good faith, saying in a published opinion that his contention was foiled by an immigration judge's "fatal" adverse credibility finding.

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Expert Analysis

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Haste Is Priority For Participation In New Green Card Program

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    Immigration practitioners should determine their clients' eligibility under the Biden administration’s new policy to help certain noncitizens, particularly those married to U.S. citizens, to apply for green cards, and do so without delay given uncertainty tied to the upcoming election, says Brad Brigante at Brigante Law.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

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