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Immigration
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June 27, 2024
Parole Challenge Ruling Was 'Error Twice Over,' 5th Circ. Told
A Texas-led coalition of states told the Fifth Circuit on Wednesday that a cost-benefit analysis a trial court considered before allowing a new Biden administration migrant parole program to continue is "error twice over," writing that such calculations are not for the court to make when it evaluates standing.
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June 27, 2024
9th Circ. Revives US Citizen's Hiring Bias Suit Against Meta
A split Ninth Circuit panel on Thursday reinstated a proposed class action alleging Facebook parent company Meta unlawfully favors visa holders when hiring, ruling that a Reconstruction-era civil rights law bars employers from discriminating against U.S. citizens.
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June 27, 2024
Justices Limit SEC's Use Of In-House Courts
The U.S. Supreme Court on Thursday curtailed the U.S. Securities and Exchange Commission's use of its in-house court system, saying the accused have a right to a jury trial when financial penalties are on the table.
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June 26, 2024
Claims Court Says USAID Wrongly Cut JV From $800M Deal
The U.S. Court of Federal Claims has ruled that the U.S. Agency for International Development was wrong to rescind a joint venture's slot on an $800 million support services procurement after one of its members was suspended from federal contracting.
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June 26, 2024
NJ, Pa. Apartment Co. Accused Of Migrant Discrimination
A Guatemalan immigrant who has received protections under the Deferred Action for Childhood Arrivals program accused a real estate development and management company of alienage discrimination on Wednesday after she was informed that the company could not accept her housing applications without a valid permanent resident card or visa.
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June 26, 2024
Texas Moves To Bar DOJ Witness In Rio Grande Barrier Fight
Texas has moved to disqualify one of the Biden administration's witnesses in litigation over the Lone Star state's 1,000-foot barrier in the Rio Grande to keep out migrants, arguing the witness has no relevant or reliable opinions to offer.
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June 26, 2024
Texas Uses Justices' Gun Ruling To Defend Deportation Law
Texas has told the Fifth Circuit that a recent U.S. Supreme Court decision maintaining a ban on firearm ownership for domestic abusers supports its state law authorizing the arrest and deportation of migrants.
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June 26, 2024
Fed. Circ. Says No Fees For HID Global In Patent Suit
The Federal Circuit has backed a U.S. Court of Federal Claims finding that HID Global Corp. can't have attorney fees after being let out of patent litigation brought by Giesecke & Devrient, but it affirmed on different grounds.
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June 26, 2024
Judge Won't Free Texas Officials From Lengthy Detention Suit
A Texas federal judge refused to toss four migrants' claims that state officials detained them for longer than allowed, saying they have pled enough misconduct that, if true, would show the officers were aware they were holding detainees for weeks past their release date.
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June 26, 2024
NC Bar Rips Immigration Atty's 'Absurd' Disbarment Appeal
The North Carolina State Bar urged a state appellate court not to entertain an immigration attorney's appeal of his disbarment, stating that his appeal featured arguments that came too late and otherwise relied on a fallacious and "incoherent" reading of disciplinary regulations with "absurd results."
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June 25, 2024
Expired Diversity Visas Can't Be Processed, DC Circ. Says
The D.C. Circuit on Tuesday reversed several lower court orders requiring the U.S. Department of State to process applications for diversity visas for fiscal years 2020 and 2021 after the deadline, finding the district court lacked the authority to order such relief.
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June 25, 2024
9th Circ. Reopens Jehovah's Witness Preacher's Asylum Bid
The Ninth Circuit on Tuesday reopened a Jehovah's Witness preacher's petition seeking asylum after he was attacked and threatened by Salvadoran gang members for regularly preaching on the streets, finding his religion would be a central reason for the attacks, even without the gang's motive for financial gain through extortion.
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June 25, 2024
Texas' Challenge To Biden Admin. Asylum Rule Survives
A Texas federal judge ruled Tuesday that he got it right when he declined the federal government's attempt to end the state's suit challenging a Biden administration rule that broadens immigration officers' power over the asylum system, saying Texas did enough to withstand a motion to dismiss.
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June 25, 2024
2nd Circ. Affirms 5-Year Sentence For Impostor Immigration Atty
A Connecticut woman sentenced to five years in federal prison for stealing money from vulnerable victims by pretending to be an immigration attorney can't undo her plea deal or lessen the roughly $368,000 she was ordered to pay in restitution, the Second Circuit has ruled.
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June 25, 2024
Feds Stonewalling Immigration Fee Record Request, Suit Says
A civil rights group in Boston filed suit Tuesday to force the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services to hand over records about how the government decides requests to waive fees for people seeking immigration protections.
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June 25, 2024
Immigration Org.'s Attys Can Be In Union, NLRB Official Says
Attorneys at a nonprofit providing immigration legal services may remain in a voluntarily recognized union bargaining unit, a National Labor Relations Board regional director concluded, saying the attorneys are not supervisors who are excluded from unionizing under federal labor law.
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June 25, 2024
Fed. Circ. Revives Class Action Against Feds' Visa Fraud Sting
The Federal Circuit on Tuesday revived an Indian citizen's proposed class action to recover tuition payments to a fake university the U.S. Department of Homeland Security set up to catch visa fraudsters, saying the lower court wrongly determined it lacked jurisdiction.
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June 24, 2024
Feds Reach $34M Deal Over Canceled Deportation Flights
The U.S. Department of Homeland Security, U.S. General Services Administration and an aviation company have struck a $34.4 million settlement ending litigation over canceled deportation flights, according to a filing at the U.S. Civilian Board of Contract Appeals.
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June 24, 2024
NJ Atty Suspended 3 Years For Unauthorized Practice Of Law
A New Jersey attorney has been suspended from practicing law for three years after she continued to represent clients and mishandle sensitive matters while she was suspended for similar conduct in 2019, according to a New Jersey Supreme Court order.
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June 24, 2024
Justices' Removal Notice Decision Unwinds 3 Migrants' Wins
The U.S. Supreme Court's recent endorsement of multipart removal notices resulted in the Monday vacatur of three circuit court decisions offering migrants another chance at fighting deportation after receiving notices that initially omitted important information about their removal hearings.
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June 24, 2024
Duane Morris Appoints New Immigration Law Chair
Philadelphia-based Duane Morris LLP announced on Friday the appointment of business immigration partner Ted J. Chiappari as chair of its immigration division, part of its employment, labor, benefits and immigration practice.
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June 21, 2024
DOL Says Union's Farm Wage Challenge Too Late
The U.S. Department of Labor has pushed back against a challenge to rules introduced in 2022 that a Washington union said are depressing farmworkers' wages, telling a federal judge Friday that the union should have objected during the rule-making period.
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June 21, 2024
NCAA Teams May Suffer Without Int'l Student Pay Regs
The historic $2.77 billion settlement to address college athletes' alleged lost compensation on name, image and likeness deals could have an adverse effect on university team rosters if the federal government fails to level the playing field for international athletes.
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June 21, 2024
Wrong Address Dooms Removal Relief Bid, 11th Circ. Finds
The Eleventh Circuit won't reverse the long-ago removal in absentia of a Honduran woman who missed her removal hearing, citing the Board of Immigration Appeals' finding that she'd provided an inaccurate address to receive notice of the hearing.
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June 21, 2024
Justices Won't Allow Citizens To Contest Denied Spouse Visas
The U.S. Supreme Court ruled Friday that Americans do not have a constitutional right to challenge the U.S. Department of State's denial of spousal visa applications, rejecting a woman's bid to review the department's rejection of her Salvadoran husband's visa.
Expert Analysis
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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What's Ahead For Immigrant Employee Rights Enforcement
The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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How Int'l Student-Athlete Law Would Change The NIL Game
Recently proposed legislation to allow international student-athletes the opportunity to profit from their name, image and likeness without violating their F-1 nonimmigrant student visa status represents a pivotal step in NIL policy, and universities must assess and adapt their approaches to accommodate unique immigration concerns, say attorneys at Phelps Dunbar.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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How AI Executive Order Aims To Compete For Foreign Talent
Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Expect CFPB Flex Over Large Nonbank Payment Cos.
A recent enforcement action and a new rule proposal from the Consumer Financial Protection Bureau indicate a growing focus on the nonbank payment ecosystem, especially larger participants, in 2024, say Felix Shipkevich and Jessica Livingston at Shipkevich.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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What New DHS Cybersecurity Policy Means For Bid Protests
The U.S. Department of Homeland Security's recently unveiled policy of factoring cybersecurity self-assessments into its overall evaluation of contractors could raise novel bid protest considerations for offerors in both the pre-award and post-award contexts, say Amy Hoang at Seyfarth and Sandeep Kathuria at L3Harris Technologies.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.