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Immigration
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November 07, 2024
Texas Judge Blocks Biden Administration's Spousal Parole
A Texas federal judge on Thursday held that President Joe Biden's administration didn't have the authority to implement a rule allowing noncitizens and stepchildren of U.S. citizens to stay in the country while they apply for green cards and work permits.
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November 07, 2024
NCAA Lifts Junior Hockey Player Restrictions Amid Litigation
The NCAA announced Thursday that it will allow hockey players who've played in Canada's junior leagues to be eligible to play for U.S. colleges and universities, a massive policy shift that comes in the midst of antitrust litigation accusing the organization of unfairly barring those athletes.
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November 07, 2024
Wash. Gov.-Elect Outlines Plan To Resist Less 'Sloppy' Trump
As Washington attorney general, Bob Ferguson said he thwarted policies during a "sloppy" first Trump presidency, including blocking an immigration travel ban. And on Thursday, Ferguson, who becomes governor in January, said he is leaving an office well-equipped for a potential round two of litigation with an emboldened and potentially more disciplined Trump administration.
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November 07, 2024
Trump's Immigration Plans Could Threaten Economic Security
President-elect Donald Trump is expected to end deportation protections and work authorization for broad swaths of immigrants — moves that would drastically reduce the labor force across essential industries, including construction, agriculture and hospitality.
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November 07, 2024
Feds Escape Some Of Iranian 'Pseudo-Travel Ban' Suit
A San Francisco federal judge said she would not review the government's discretion in requiring some Iranian visa applicants to fill out an extra vetting form, dismissing a claim of what a migrant group called a "pseudo-travel ban."
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November 07, 2024
DOL Board Kills Foreign Worker Bid Over Insufficient Docs
A U.S. Department of Labor board affirmed a federal government official's decision denying a company's bid to hire 185 foreigners for seasonal farmwork in Florida under the H-2A nonimmigrant visa program, ruling that the certification application lacked required information.
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November 07, 2024
Calif. Gov. Lays Groundwork To Fight Trump Policies In Court
California Gov. Gavin Newsom called a special legislative session on Thursday to fund litigation against President-elect Donald Trump's potential erosion of abortion rights, immigration protections and environmental progress, saying lawyers for the blue state have already begun preparing "to challenge in court unconstitutional and unlawful federal policies."
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November 06, 2024
Fla. Can't Reclaim Medicaid Payments On Immigrant Care
A Florida appeals court on Wednesday reaffirmed a previous decision that the state Agency for Health Care Administration cannot claw back asserted overpayments of Medicaid funds hospitals received for emergency services provided to eligible unauthorized immigrants, ruling in the class action that a statutory change did not overrule the decision but merely clarified the law.
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November 06, 2024
Families Separated Under Trump Get $6.4M For Fees, Costs
A California federal judge has signed off on $6.4 million in attorney fees and costs, most going to American Civil Liberties Union counsel representing thousands of immigrant families that were separated under a Trump-era "zero-tolerance" policy.
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November 06, 2024
Feds Say No Grounds To Amend Suit In Contract Ratings Row
A Texas company suing the U.S. government over its performance ratings for work on a $789 million border fence contract and seeking to potentially amend its complaint missed the proper windows to do so and could not fix the suit's defects anyway, the government told a Court of Federal Claims judge.
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November 06, 2024
1st Circ. Tells Immigration Board To Rethink Torture Definition
The First Circuit has ordered the Board of Immigration Appeals to reconsider denying removal relief for a man wanted for murder in Jamaica, finding that the board incorrectly assumed that direct police participation was needed to back his fear of torture.
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November 06, 2024
Judge Says Asylum Delays Are Reasonable Given Backlogs
A Miami federal judge said Tuesday that a backlog of asylum applications is a fair reason for a four-year delay in processing the application of a Russian national who sued over the hold-up.
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November 06, 2024
The Legal Work Awaiting Attys During Trump's Second Term
Former President Donald Trump's return to the White House following his election victory on Tuesday is sure to bring a series of policy changes that will keep lawyers busy, particularly attorneys working in international trade, immigration, tax and antitrust.
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November 05, 2024
Trump Has Official Immunity. What About His Aides?
Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.
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November 05, 2024
How Trump Can Quash His Criminal Cases
Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.
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November 05, 2024
An Early Look At Trump's Supreme Court Shortlist
With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.
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November 05, 2024
GOP's Senate Win Hands Future Of The Judiciary To Trump
Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees.
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November 05, 2024
The Firms With An Inside Track To A New Trump Admin
Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.
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November 05, 2024
Electors Explicitly Restrict Noncitizen Voting In 8 States
Voters across eight states approved Republican-backed ballot measures to amend state constitutions barring noncitizens from voting in state and local elections.
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November 05, 2024
Ariz. Voters Embrace Migrant Arrest And Removal Measure
The Arizona electorate voted in favor of giving state and local law enforcement authorities the power to arrest noncitizens crossing the border unlawfully, joining other states that have passed similar measures.
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November 05, 2024
Immigrant Bond Cos. Slam 'Knee-Jerk' CFPB In $811M Fight
Immigrant bond companies appealing an order to pay $811 million for allegedly abusive bonding practices have told the Fourth Circuit that the Consumer Financial Protection Bureau's attempt to uphold that sanction is "aimed at the heartstrings and meant to evince a knee-jerk reaction to conduct that was distasteful" but said there is "nothing that can be done to alter the past."
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November 05, 2024
Paxton Seeks Sanctions In Immigration Nonprofit Row
The office of Texas Attorney General Ken Paxton has asked an El Paso federal judge to sanction an immigrant rights nonprofit, claiming that it resisted a civil investigation by making misrepresentations to the court.
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November 05, 2024
2nd Circ. Blocks Schizophrenic Immigrant's Removal Order
The Second Circuit on Tuesday vacated an order for a man with schizophrenia to be removed to Jamaica, finding that an immigration judge had failed to adequately ensure that his court proceedings had safeguards to address his mental illness.
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November 05, 2024
Spousal Work Permit Rule Doesn't Need Rethink, Feds Say
The government urged the DC Circuit to deny a full panel hearing to a group of ex-information technology workers challenging a visa work rule, saying the workers hadn't shown that the rule exceeds the U.S. Department of Homeland Security's authority.
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November 05, 2024
On The Ground: How Attorneys Safeguarded The Election
Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.
Expert Analysis
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Justices' Removal Ruling Presents Hurdles, But Offers Clarity
The U.S. Supreme Court’s recent decision in Campos-Chaves v. Garland and two other consolidated cases endorses a multistep notice practice that could impair noncitizens' access to adequate judicial notice, but its resolution of a longstanding circuit split also provides much-needed clarity, says Devin Connolly at Reeves Immigration Law Group.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.