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Immigration
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July 29, 2024
Split 11th Circ. Won't Revive Class Action Over USCIS Denials
A split Eleventh Circuit panel on Monday backed the dismissal of claims from five immigrants given temporary protected status but later rejected for green cards, saying the court doesn't have jurisdiction to review U.S. Citizenship and Immigration Services matters due to a precedential 2021 U.S. Supreme Court decision.
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July 29, 2024
Immigration Orgs Ask DC Judge To Ax New Asylum Limits
Immigration advocacy groups suing the Biden administration over new restrictions on asylum for migrants crossing the southern border told a D.C. federal judge that the policy is "flatly inconsistent" with federal asylum law and must be thrown out.
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July 29, 2024
MoneyGram Opposes CFPB, NY's 'Futile' Bid To Bolster Case
MoneyGram told a New York federal judge that the state and federal regulators' bid to update their complaint against the remittance service is a "bad faith attempt" to "salvage" a case that should either be transferred to MoneyGram's home district of Texas or tossed entirely.
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July 29, 2024
Immigration Firm Wants Injunction In Trade Secret Fight
A Washington-based immigration law firm is arguing that a Colombian ex-employee helped a Houston immigration law firm poach its offshore employees in Colombia and copy its business model for building a large-scale firm, and that the court must declare a preliminary injunction to stop "irreparable harm."
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July 26, 2024
Apple Commits To White House Guidelines For Responsible AI
Apple Inc. has signed onto the Biden administration's voluntary guidelines for "responsible" artificial intelligence innovation, joining the likes of Amazon.com Inc., Google LLC, Microsoft Corp. and a dozen other leading tech companies, the White House announced Friday.
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July 26, 2024
Farmworkers' Children, Corteva Settle Pesticide Injury Claims
Children of migrant farmworkers, Corteva Inc. and its subsidiary Pioneer Hi-Bred International Inc. asked an Illinois federal judge Friday to greenlight their confidential settlement resolving claims that the children were injured when they were crop-dusted with pesticides during a corn-pruning operation.
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July 26, 2024
White House Offers Removal Relief For Lebanese
The Biden administration on Friday offered deportation relief to certain Lebanese nationals in the U.S. as conditions in South Lebanon break down amid hostilities between Hezbollah and Israel.
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July 26, 2024
Feds Tell 9th Circ. Wash. ICE Inspection Law Rightly Blocked
The federal government has inserted itself into the battle over a Washington state law allowing surprise inspections of a U.S. Immigration and Customs Enforcement immigration detention center, telling the Ninth Circuit it was rightly blocked under the intergovernmental immunity doctrine.
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July 26, 2024
Ga. Judge Gives Initial OK To $1.2M Forced Labor Suit Deal
A Georgia federal judge has given preliminary approval to a $1.2 million deal to settle allegations from Mexican engineers who claimed they were lured to the U.S. with false promises of high-paying jobs and then forced to do manual labor for low wages.
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July 26, 2024
7th Circ. Nixes Ex-Immigration Attorney's Appeal
The Seventh Circuit nixed an appeal from a former immigration attorney found guilty of conspiring with clients, interpreters and employees to submit fabricated asylum applications, saying the lower court didn't err in its rulings about benefits the government provided to some witnesses.
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July 25, 2024
Iowa Says Blocking Its Immigration Law Flouts High Court
Iowa told the Eighth Circuit on Thursday that a federal judge contorted U.S. Supreme Court precedent by granting the Biden administration's request to block a law criminalizing previously deported noncitizens' entry into the state.
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July 25, 2024
Judge Won't Ax Afghan Pair's Kidnapping Suit Against Marine
A Virginia federal court has refused to toss an Afghan couple's claims that a U.S. Marine schemed to abduct an orphaned cousin, saying the federal courts' rule against hearing domestic disputes doesn't bar the couple's $15 million fraud case.
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July 25, 2024
USDA Drops Push To Certify Contractors' Labor Compliance
The U.S. Department of Agriculture on Thursday scrapped from a proposed rule requirements for federal contractors to attest that they were following federal and state labor laws, tossing President Barack Obama's efforts an earlier version of the rule revamped.
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July 25, 2024
Texas Can Pursue 'Invasion' Defense In River Barrier Row
Texas can pursue an "invasion" defense in the Biden administration's suit over an anti-migrant barrier in the Rio Grande, a federal judge has ruled, saying the state could ultimately show migration at the southern border actually constitutes an invasion.
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July 25, 2024
3rd Circ. Enters Fray On Venue For Immigration Appeals
The Third Circuit has transferred an immigration case to the Sixth Circuit, finding that court to be the appropriate venue for an appeal stemming from an immigration case involving virtual appearances from multiple remote locations, because the complaint underlying the matter was filed in Ohio.
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July 24, 2024
Feds Say They're Shielded From Family Separation Damages
The U.S. Department of Justice told a California federal judge on Wednesday that the federal government was immune from claims brought by families seeking damages for emotional trauma after being separated at the border under the Trump administration.
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July 24, 2024
DHS Settles Fight Over Docs On Detained Immigrant Abuse
The U.S. Department of Homeland Security has settled a University of Washington lawsuit seeking documents that could shed light on human rights abuses on federal immigration detainees and others subject to deportation, the parties told a Washington federal judge.
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July 24, 2024
9th Circ. Wants Migrant's Credibility Reviewed After Atty Trick
A split Ninth Circuit panel has ordered an immigration judge to reconsider a Chinese asylum seeker's credibility, saying Wednesday that they incorrectly deemed her untruthful based on her flustered behavior after a government attorney gave her information that turned out to be false.
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July 24, 2024
Feds Say Immigration Orgs Can't Sue Over 2020 Asylum Rule
The federal government told a D.C. federal judge that two immigration advocacy groups have no standing to press their legal challenge to a Trump-era rule that narrowed asylum eligibility, saying the overhaul does not directly regulate the organizations.
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July 24, 2024
ICE Contractor Hit With Class Action Over Family Separations
A father and son who were separated for six years under the Trump administration's policy of "zero tolerance" for unlawful border crossings have brought a proposed class action against the private contractor responsible for transporting children, seeking to make it pay for the emotional trauma families have endured.
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July 24, 2024
USCIS Updates Immigrant Entrepreneur Requirements
Immigrant entrepreneurs hoping to take advantage of the international entrepreneur parole program will now have to meet higher investment and revenue thresholds, according to an updated U.S. Citizenship and Immigration Services regulation.
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July 23, 2024
9th Circ. Denies Woman's Derivative US Citizenship Claim
A Mexican woman facing deportation cannot claim to be a U.S. citizen despite her mother's naturalization, a split Ninth Circuit ruled Tuesday, saying her father's voluntary acknowledgment of paternity thwarted her citizenship claim.
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July 23, 2024
Bannon To Face Border Wall Trial After Release From Prison
Steve Bannon's New York trial on charges that he stole donor money earmarked for a wall along the southern U.S. border will begin on Dec. 9, a month and a half after the former Donald Trump adviser is released from prison on a separate contempt of Congress conviction.
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July 23, 2024
Senate Dems Roll Out Bill To Codify Chevron Deference
Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.
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July 23, 2024
Clark Hill Adds Red Notice Specialist To Immigration Division
Clark Hill PLC has hired an immigration and human rights attorney who specializes in helping foreign nationals fight Interpol red notices that bar them from entering the U.S. and leave them vulnerable to repression abroad.
Expert Analysis
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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.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.