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Immigration
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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.
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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.
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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.
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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.
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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.
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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.
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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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August 23, 2024
Afghan Supporters Say US Arbitrarily Delayed Parole Requests
The U.S. government has been arbitrarily delaying action on requests of Afghans seeking humanitarian parole while expeditiously processing parole applications of those living in Ukraine, Cuba and Haiti for free and approving their travel authorizations, according to plaintiffs seeking to file an amended proposed class action in Massachusetts federal court.
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August 23, 2024
Calif. Judge Says Spousal Visa Delay Could Be Unreasonable
A California federal judge is allowing a suit to move forward against U.S. State Department officials, including Secretary of State Antony Blinken, accusing the agency of slow-walking visa petitions for Pakistani spouses of U.S. citizens, saying the delay might be unreasonable.
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August 23, 2024
Transport Co.'s Union Pushback Flouted Law, Judge Says
A company that transports migrant children and families from facilities at the U.S.-Mexico border violated federal labor law through its pushback on a union drive, which included interrogating a worker about his union sympathies and later suspending him, a National Labor Relations Board judge ruled Friday.
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August 23, 2024
Texas Sues To Halt Green Cards For Mixed-Status Families
Texas sued the Biden administration Friday seeking to block a new program for noncitizens and stepchildren of U.S. citizens to apply for green cards and work permits from within the country, saying it exceeds the administration's parole authority.
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August 23, 2024
DHS Urges Justices To Bar Review Of Revoked Visa Petitions
The U.S. Department of Homeland Security has urged the U.S. Supreme Court to find that an immigration law bars federal courts from reviewing revoked visa petitions, saying lawmakers had reduced the possibility of duplicative legal proceedings by preventing judicial review.
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August 23, 2024
Border Agent Charged With Making Migrants Expose Breasts
An agent from U.S. Customs and Border Protection has been charged with forcing four women to expose their breasts to him during processing, claiming it was a legitimate search related to their admission into the country.
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August 22, 2024
3rd Circ. Denies Liberian Bank Whistleblower's Asylum Bid
The Third Circuit ruled Thursday that a Liberian man can't claim asylum despite having "suffered horrors" after unearthing a fraud scheme involving Liberian government officials' relatives and refusing a politician's bribe, saying he did not show evidence that his alleged perpetrators targeted him for having an anti-corruption political opinion.
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August 22, 2024
Justices Allow Part Of Ariz. Voter Law To Take Effect
The U.S. Supreme Court ruled Thursday that Arizona can enforce part of a law that requires proof of citizenship when residents register to vote, but won't unblock a provision extending the requirement to voting by mail or in presidential elections.
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August 22, 2024
Smuggling Suspect Arrested Over '22 Migrant Deaths In Texas
A Guatemalan national was arrested Wednesday in his home country at U.S. officials' request for his alleged role in a human smuggling operation blamed for the deaths of 53 migrants who were found in a tractor-trailer in Texas in 2022, federal prosecutors announced Thursday.
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August 22, 2024
2nd Circ. Says Feds Can't Forcibly Drug Man Facing Removal
The Second Circuit ruled Thursday that the Bureau of Prisons can't yet forcibly administer antipsychotic medication to render a Sierra Leone native competent to stand trial on charges of assaulting officers at a prison where he was being detained pending deportation.
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August 22, 2024
Fla. Immigration Attorney Also Disbarred In NY
A Miami immigration attorney who was disbarred in Florida earlier this year received another blow Thursday when the New York Supreme Court decided that he could no longer practice in its state either.
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August 22, 2024
Fisher Phillips Brings Smith Gambrell Atty To DC Gov't Team
Fisher Phillips' new D.C.-based agriculture employment partner has practiced several types of law throughout his career, and told Law360 Pulse Thursday that his employment law career started unexpectedly after a managing partner at one of his first firms called out sick before an interview.
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August 22, 2024
Feds Accuse NYC Man Of Acting As Chinese Agent
Manhattan federal prosecutors have accused a naturalized U.S. citizen of acting as an agent of the People's Republic of China and relaying intelligence to the Chinese government.
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August 22, 2024
Au Pair Co. Tells 1st Circ. Arbitration Bid Came In Time
An au pair company told the First Circuit that forcing it to advance arbitration efforts before filing a response in a wage suit would conflict with a U.S. Supreme Court's ruling tackling the timing of arbitration requests.
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August 21, 2024
Split 5th Circ. Revives Cameroonian Anglophone's Asylum Bid
A split Fifth Circuit has revived a Cameroonian nurse's asylum bid, saying in a published opinion that the Board of Immigration Appeals disregarded evidence he offered to prove that the Cameroonian military wanted him dead for purportedly being an English-speaking separatist.
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August 21, 2024
Feds Chide Iowa's 'Implausible' Immigration Law Defense
The Biden administration is urging the Eighth Circuit to reject Iowa's defense of a state law criminalizing the presence of previously deported noncitizens in the state, suggesting Iowa is mischaracterizing the law in an effort to skirt U.S. Supreme Court precedent.
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August 21, 2024
Cleaning Co., H-2B Workers Seek Final OK For Wage Deal
A group of 41 migrant housekeepers and a cleaning contractor asked a Colorado federal court Wednesday to give final approval to the $400,000 deal they reached to end claims of wage and visa law violations, including threats of deportation.
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August 21, 2024
Health Co. Investors Fight To Keep Suit Over Migrant Deal
Investors in mobile medical provider DocGo are urging a New York federal judge not to toss a suit alleging it deceived stockholders before a $432 million contract with New York City to provide emergency migrant housing came under public scrutiny, saying the complaint sufficiently establishes that the defendants made material misstatements and omissions.
Expert Analysis
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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How Biden's AI Order Stacks Up Against Calif. And G7 Activity
Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.
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Key Employer Takeaways From USCIS' H-1B Visa Proposal
There are several steps employers can take, like reviewing job descriptions and assessing cap-exempt eligibility, to be well positioned for the sweeping changes that U.S. Citizenship and Immigration Services proposes to implement next year to improve the H-1B visa program, say Brian Coughlin and Angelica Ochoa at Fisher Phillips.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Lost In A Maze Of USCIS Policy On Child Immigration Status
A succession of U.S. Citizenship and Immigration Services policy updates, erroneous denials and conflicting messages have limited practitioners' ability to know which clients qualify under a federal law that protects children from aging out of their parents' immigrant petitions, say Jeffrey Galkin and Anna Stepanova at Murthy Law Firm.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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EB-5 Investment Period Clarification Raises More Questions
U.S. Citizenship and Immigration Services' recent clarifying guidance for EB-5 investors, specifying that the statutory investment period begins two years from the date of investment, raises as many questions as it answers given related agency requirements and investors' potential contractual obligations, says Daniel Lundy at Klasko Immigration Law Partners.
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5 Considerations for Year-End Immigration Budget Planning
Courtney Noce and Miriam Thompson at Greenberg Traurig offer insights to help companies with year-end immigration budget planning, a complex process with many factors affecting expenses, from changes in corporate policy or structure, to anticipated fee increases and the uncertainties inherent in visa processing.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.