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Immigration
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May 31, 2024
Migrant Influx Fuels Push For Right To Immigration Counsel
Amid a soaring backlog of asylum cases in the United States, pro-immigrant advocates have intensified their push for legislation that would give noncitizens the right to legal representation in deportation proceedings.
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May 31, 2024
Wash. Prison Law Not Biased Against GEO, 9th Circ. Told
Washington state has urged the Ninth Circuit to lift a lower court's injunction blocking a law aimed at improving private prison standards, saying the law does not discriminatorily target private prison operator GEO Group Inc.
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May 31, 2024
DOL Asks To Wait To Disclose Workers In Fishery Wage Case
The U.S. Department of Labor urged a Mississippi federal court to halt the disclosure of the identities of some migrant workers who helped in the department's investigation of a fish farm, saying that it plans to ask the court to reconsider ordering the disclosure.
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May 31, 2024
Houston Judge's Vast Display Reflects 25 Years On Bench
Along the hallways leading to U.S. District Judge Keith P. Ellison's Houston courtroom hang hundreds of notes, photos, thank-you cards and other correspondence, serving as a kind of interactive scrapbook of Judge Ellison's 25 years on the bench.
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May 30, 2024
Full 9th Circ. Won't Rehear Immigration Attys' Privacy Row
The full Ninth Circuit on Thursday declined a request from a filmmaker and two immigration attorneys to rehear a panel decision finding that a purportedly covert government surveillance program tracking journalists and advocates tied to a migrant caravan didn't harm them.
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May 30, 2024
Honduran Workers Say Carnival Overworked, Underpaid Them
Two Honduran seasonal workers have filed suit in a Virginia federal court, saying they were forced to work 80 hours a week assembling and disassembling rides for a traveling carnival for only a little more than $400 a week.
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May 30, 2024
Man Connected To Brazil Massacre Accused Of Visa Fraud
Federal prosecutors have accused a Brazilian man who came to the U.S. on a tourist visa and later applied for asylum and a green card of failing to tell U.S. immigration authorities that he faced murder charges in Brazil.
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May 30, 2024
Migrant Smuggling Group Leader Sentenced To 10 Years
A Honduras-based woman will spend 10 years in prison after admitting she led an organization that smuggled over 100 migrants from Honduras to the U.S. and threatened migrants for not paying smuggling fees, the U.S. Department of Homeland Security announced.
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May 30, 2024
Removal In Child Porn Case Used Wrong Law, 8th Circ. Says
The Eighth Circuit threw out a removal order against a man convicted of possessing child pornography, finding that while the offense could warrant removal, immigration officers had brought the case under the wrong law.
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May 30, 2024
Gunster Bolsters Employment And Immigration Teams In Florida
Gunster has hired two attorneys in two separate Florida offices who will continue their practices focused on labor and employment and immigration issues, the firm announced this week.
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May 29, 2024
DACA Holder Accuses Fla. Credit Union Of Discrimination
A man with temporary immigration protections through the Deferred Action for Childhood Arrivals program is accusing Florida's third-largest credit union of unlawfully denying him a home loan based on his immigration status, in a suit filed Wednesday in federal court.
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May 29, 2024
Feds, Dreamers Tell 5th Circ. That Fight For DACA Isn't Over
The Biden administration and recipients of the Deferred Action for Childhood Arrivals program urged the Fifth Circuit to reverse an order that held the program unlawful, saying the program has a chance of surviving in light of recent U.S. Supreme Court rulings.
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May 29, 2024
Iowa Immigration Law Challengers Want Identities Kept Secret
Two women using pseudonyms to challenge an Iowa law empowering state officials to deport certain immigrants resisted the state attorney general's efforts to publicly identify them, saying they fear the threat of removal as well as persecution from anti-immigrant extremists.
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May 29, 2024
Texas Judge Bans Using $1.4B Border Wall Funds For Repairs
A Texas federal judge on Wednesday permanently blocked the White House from using $1.4 billion of border wall construction funding for barrier repair, rejecting requests from landowners, contractors and environmental groups to reconsider the scope of the ban.
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May 29, 2024
Judge Says Texas Can't Relitigate DHS Parole Program
A Texas federal judge won't reconsider a March decision dismissing the Lone Star State's challenge to the Biden administration's parole program for Cuba, Haiti, Nicaragua and Venezuela, saying Texas is trying to relitigate the court's conclusion that it lacks standing.
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May 28, 2024
Kia, Hyundai Still Face RICO Claims In Foreign Labor Suit
Hyundai and Kia are still confronted with claims that they were in on a scheme to obtain cheap labor from skilled Mexican engineers seeking participation in a professional visa program after a Georgia federal judge determined workers had adequately alleged the companies' involvement.
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May 28, 2024
DOJ Reopens Missing I-9 Case, Saying Dismissal Was Error
The U.S. Department of Justice has revived the U.S. Department of Homeland Security's charges against a company with allegedly missing Form I-9s, saying that one of its administrative law judges erroneously dismissed the case based on an issue neither party had raised.
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May 28, 2024
Immigration Programs' Survival Justifies $3.7M Fee, Attys Say
The attorneys who challenged Trump-era orders ending immigration protections for people from countries in crisis are seeking a $3.7 million fee award, telling a California federal judge that the Biden administration's rescission of the orders showed their lawsuit was successful.
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May 28, 2024
Heavyweight Champ Lobs New Suit At Don King, Promoters
Legendary promoter Don King and champion heavyweight boxer Mahmoud Charr have entered the ring for another round of legal sparring over a new contract dispute in which the fighter accuses the defendants of canceling a planned fight that cost him a $1 million payout.
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May 24, 2024
9th Circ. Says H-2A Employers Must Pay Highest Wages
The Ninth Circuit on Friday said the U.S. Department of Labor can't let employers pay foreign farmworkers on H-2A visas a lower wage rate, rejecting the department's argument that the matter is moot because the previous harvest season is over.
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May 24, 2024
Biden's Judicial Impact And What's Left On The Wish List
President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.
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May 24, 2024
Wrong Circuit Law Used To Deport Moroccan, Board Says
The Board of Immigration Appeals faulted an immigration court for applying incorrect circuit law to deport a Moroccan national, saying Friday that the case was ruled by Sixth Circuit law, even though the case record was sent to the Third Circuit.
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May 24, 2024
9th Circ. Lets Hearsay Issue Slide In Unlawful Crossing Case
The Ninth Circuit affirmed a Mexican man's conviction for trying to enter the U.S. unlawfully, saying that while a lower court should've weighed whether a border agent's translated statements should be attributed to the man, any resulting error was harmless.
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May 24, 2024
Fla. Judge Revisits Scope Of Immigrant Transport Law Injunction
A Florida federal judge may backtrack on the scope of his order blocking a state law that criminalizes the transportation of unauthorized immigrants, after citing national discourse among legal experts on the appropriateness of universal injunctions.
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May 23, 2024
Md. Restaurant's Bid For H-2B Cooks Doomed By Payroll Data
A U.S. Department of Labor judge has refused to rescue a Baltimore Caribbean restaurant's efforts to hire cooks through the H-2B seasonal worker visa program, saying payroll records undermined claims that the restaurant experienced surging demand during the warmer months.
Expert Analysis
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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.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Navigating USCIS' New Minimum EB-5 Investment Period
Recent significant modifications to U.S. Citizenship and Immigration Services’ EB-5 at-risk requirement are causing uncertainty for several reasons, but investors who consider certain key aspects of prospective projects can mitigate the immigration and investment risks, say Samuel Silverman at EB5AN, Ronald Klasko at Klasko Immigration, and Kate Kalmykov at Greenberg Traurig.