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Immigration
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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.
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July 23, 2024
Firm Says Rival's Trademark Merely 'Common Spanish Phrase'
A Houston-based immigration law firm wants claims trimmed in a suit brought by a rival Washington state firm claiming unfair competition and trademark violation, also filing a counterclaim for declaratory judgment that calls the supposed trademark a "common Spanish phrase."
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July 23, 2024
Feds Say Student Must Fight Sanctions In Treasury, Not Court
The White House told a D.C. federal court that an international student can't sue over being blacklisted based on her father's business dealings in Myanmar, as she hadn't yet challenged the sanctions through an agency appeals system.
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July 22, 2024
What Attorneys Need To Know About JD Vance
Vice presidential nominee JD Vance's brief legislative record shows he is aligned with his fellow Republicans on hot-button issues like abortion and immigration, but it also indicates that the senator from Ohio may be willing to break with the GOP mainstream when it comes to regulating big business. Here's what attorneys should know about the vice presidential candidate.
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July 22, 2024
NY Judge Declares Migrant Challenge To Housing Policy Moot
A New York federal court swept aside asylum-seekers' challenge to county-level housing restrictions that they say were designed to bar them, agreeing with local officials that the case was moot after they issued new policies.
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July 22, 2024
Approval Sought For $1.2M Deal In Labor Trafficking Suit
A car parts manufacturer, two recruiting agencies and a group of Mexican engineers who alleged the companies lured them to the U.S. with false promises of high-paying jobs before forcing them to work manual labor for long hours and low wages have reached a tentative $1.2 million settlement.
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July 22, 2024
DHS Adds Environmental Economics To List Of STEM Fields
The U.S. Department of Homeland Security said Monday that foreign students on F-1 visas who earn degrees in environmental and natural resource economics can now seek up to three years of employment in the U.S. after graduation.
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July 22, 2024
Texas Wants Place In Fight Over Biden's Asylum Law
The state of Texas is seeking to intervene in a D.C. federal court lawsuit challenging a new federal policy that restricts asylum at the southern border, saying that it does not trust the Biden administration to defend the executive authority used to issue the rule.
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July 22, 2024
NYC Says Migrant Busing Has Stopped Amid Border Curbs
New York City retreated from its pending motion in state court to block eight charter bus companies from contracting with Texas to transport migrants to the city, saying the busing has already stopped after the Biden administration implemented new border policies.
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July 19, 2024
Prison Biz Urges 9th Circ. To Keep Inspection Law Blocked
Private prison operator GEO Group Inc. has urged the Ninth Circuit to keep a Washington law allowing for the surprise inspection of its immigration detention center blocked, arguing the law was specifically enacted to shut down its facility.
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July 19, 2024
Judge Presses Govt. On Immigrants' Vetting Delays
A Washington federal judge on Friday pushed the government to defend a special national-security immigration vetting program, suggesting that delays in processing applications have left many people seeking citizenship and green cards in "no man's land."
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July 19, 2024
Atlanta Strikes Deal To End Ex-Worker's Retaliation Suit
The city of Atlanta has reached a deal with its former immigrant affairs director to resolve her lawsuit alleging she was fired after blowing the whistle on failures in the city's immigrant outreach services, according to a filing in Georgia federal court.
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July 19, 2024
Feds Deny That Advocate Suit Forced Immigration Change
The Biden administration rebuked immigration advocates' request for $3.7 million for challenging Trump-era orders ending immigration protections for people from conflict zones, arguing they couldn't claim they won the case just because the new administration undid its predecessor's policy.
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July 19, 2024
1st Circ. Says Refugee's Evidence Of Persecution Was Ignored
A refugee facing removal for firearm offenses has another chance at staying in the U.S., as the First Circuit found an immigration judge failed to consider whether his family was persecuted while escaping Liberia during a genocide.
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July 18, 2024
'Dreamer' Sues California Credit Union Alleging Loan Bias
University Credit Union violated both federal and California antidiscrimination laws by withdrawing a woman's auto loan because she was a Deferred Action for Childhood Arrivals program recipient, the woman alleged in a proposed class action filed Thursday in California federal court.
Expert Analysis
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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.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.