Immigration

  • 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.

  • August 27, 2024

    DOJ Says Immigration Group Can't Join Oklahoma Suit

    The federal government urged the Tenth Circuit to reject a Tulsa immigration nonprofit's efforts to join its suit against Oklahoma over a state law that would ban unauthorized immigrants from settling in the state.

  • August 27, 2024

    Feds Clarify Int'l Students' Eligibility For STEM Visa Program

    U.S. Citizenship and Immigration Services updated its policy manual on Tuesday to clarify when international students graduating from STEM programs may be eligible for a visa allowing them to temporarily work in the U.S.

  • August 27, 2024

    Immigration Orgs Slam DHS' 'Tired Contentions' Over Asylum

    Immigration rights groups and asylum-seekers countered the Biden administration's "tired contentions" that new asylum restrictions at the southern border comport with federal immigration law, telling a D.C. federal judge that the policy is an attempted end-run around the law.

  • August 27, 2024

    9th Circ. Says Inference Foils Mexican Man's Removal Fight

    The Ninth Circuit refused to revive a Mexican-born man's removal order challenge, saying in a published opinion that an Arizona federal court was allowed to choose an unfavorable inference that his mother couldn't transmit U.S. citizenship to him.

  • August 27, 2024

    NY-Licensed Atty Tells Appeals Court NC Bar Can't Touch Him

    An immigration attorney has told the North Carolina Court of Appeals he can't be disciplined in a state where he was never licensed, saying the state bar's decision to disbar him should be reversed.

  • August 26, 2024

    Biden Admin's New Green Card Rule Hit With 14-Day Pause

    A Texas federal judge on Monday temporarily halted the Biden administration from granting parole under its new program for noncitizen spouses and stepchildren of U.S. citizens seeking green cards from within the U.S., days after Texas accused the administration of exceeding its parole authority.

  • August 26, 2024

    Ga. Judge Won't Let DOL Play 'Sorcerer' With H-2A Rule

    A Georgia federal judge on Monday temporarily restricted the U.S. Department of Labor's ability to enforce a rule protecting union-related activities for H-2A foreign agricultural workers, saying the law is unconstitutional because it violates the 1935 National Labor Relations Act.

  • August 26, 2024

    NJ Couple Admit To Preparing False Asylum Applications

    A Garden State couple admitted Monday in New Jersey federal court that they participated in a conspiracy to prepare and submit fraudulent asylum applications, the U.S. attorney announced.

  • August 26, 2024

    Citizenship Error Can't Bar Labor Certification, Board Says

    A marketing software company that misidentified a prospective Turkish employee as American on its labor certification application can refile the request, after a U.S. Department of Labor appeals panel found that DOL applications cannot be denied based on immigration status.

  • August 26, 2024

    DOL Board OKs Firm's Bid To Hire Permanent Foreign Atty

    The Board of Alien Labor Certification Appeals has vacated a decision that rejected a law firm's request for permanent labor certification of a foreign attorney, finding it wrongly concluded the firm had not reasonably provided all relevant material on alternative U.S.-based applicants.

  • August 26, 2024

    Texas Cases To Watch In Last Half Of 2024

    Courts across the state are poised to make decisions in several high-stakes cases over the next several months, including ruling on whether Texas Attorney General Ken Paxton can be deposed in a long-running employment retaliation suit and whether a challenge to Texas' floating Rio Grande barrier must be tried before a jury. 

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Expert Analysis

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • USCIS Can Take On The Semiconductor Workforce Gap Now

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    While the semiconductor industry is calling for legislative change to immigration policy so it can fill more jobs, there are simpler actions that the current administration and U.S. Citizenship and Immigration Services leadership can take in the meantime, says Adam Rosen at Murthy Law Firm.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Opinion

    OFAC Designation Prosecutions Are Constitutionally Suspect

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    Criminal prosecutions based on the Office of Foreign Assets Control’s sanctions-related listing decisions — made with nearly unfettered discretion through an opaque process — present several constitutional issues, so it is imperative that courts recognize additional rights of review, say Solomon Shinerock and Annika Conrad at Lewis Baach.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Employer Considerations For New I-9 Virtual Verification

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    A recently implemented Form I-9 option modernizes the process of employment eligibility verification by making pandemic-era virtual verification permanent, though employers will need to understand the option’s procedures and requirements to ensure compliance with all immigration laws, say attorneys at Littler.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • Canada's H-1B Policy Leverages U.S. Green Card Backlog

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    Canada’s new policy allowing U.S. H-1B visa holders and their families to relocate and seek work in Canada takes advantage of the backlog in U.S. green card processing, and other countries seeking highly skilled workers trained in the U.S. are likely to follow suit, says Sarah Hawk at Barnes & Thornburg.

  • Ch. 11 Ruling Sets New Standard For Using Reinstatement

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    A New York bankruptcy court’s recent ruling in Golden Seahorse, which concluded that Section 365(b)(2)(D) of the U.S. Bankruptcy Code only creates a cure exception for nonmonetary defaults, sets a high bar for challenging the requirement to pay default interest as a condition to reinstatement of a loan agreement under a Chapter 11 plan, says Debra Dandeneau at Baker McKenzie.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

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