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Immigration
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August 02, 2024
Improper Data Format Dooms Masonry Biz's H-2B Request
A judge on the Board of Alien Labor Certification Appeals denied a masonry business' request to hire six brick masons on temporary visas, saying the company had failed to submit payroll data in the proper format as part of its request.
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August 02, 2024
Family Separation Trial Paused For Settlement
A California federal court has paused a lawsuit from three families separated at the southwestern border under the Trump-era zero tolerance policy as they finalize a settlement with the Biden administration to resolve the suit.
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August 02, 2024
DC Circ. Says Precedent Allows H-1B Spousal Work Permits
The D.C. Circuit on Friday upheld an Obama-era program authorizing some spouses of highly skilled foreign workers to get work permits, rejecting a challenge from an organization of former IT workers who say they are being displaced by temporary visa holders.
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August 02, 2024
Onion Packer To Pay Nearly $270K In Withheld OT Wages
The U.S. Department of Labor said it recovered nearly $270,000 in back wages and damages for 76 onion farm laborers after the agency found an Idaho business had put them up in substandard housing and had not paid overtime wages.
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August 02, 2024
3 Candidates In Running To Replace Washington AG
Washington voters on Tuesday will narrow the candidates aspiring to become the state's next attorney general, choosing from among a former U.S. attorney, a state lawmaker who was a county prosecutor, as well as a mayor and attorney who is a gun rights advocate.
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August 01, 2024
Feds Want Full Sentence Kept In Fla. Illegal Employment Case
The U.S. urged a Florida federal court on Thursday to uphold the three-year prison sentence of a labor staffing company operator convicted in a conspiracy to hire migrants not authorized to work in the U.S., saying he's ineligible for a reduction because of his admitted role in the scheme.
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August 01, 2024
Sidley Launches New San Diego Office With Five Partners
Sidley Austin LLP has opened a new office in San Diego, with five partners specializing in a range of areas including mergers and acquisition, venture capital and global finance, marking the global law firm's fifth office in the Golden State, the firm announced Thursday.
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August 01, 2024
Feds Say Farmworkers Should Have Sued State Over Wages
The U.S. Department of Labor has urged a Washington federal court to toss a farmworker union's challenge to policies governing the prevailing wage, saying the union's issues actually stem from how state officials interpreted federal rules governing the wage rate.
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August 01, 2024
Auto Parts Co. Denied Immigrant Workers Full Pay, Suit Says
Aftermarket auto parts company Parts Authority schemed to target new immigrants, mostly from Guyana, to work as cheap labor at a New York warehouse, one former Guyanese employee alleged in a potential class action filed in New York federal court.
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August 01, 2024
ACLU, ICE Strike Deal To End Prolonged Detention Case
The American Civil Liberties Union of Virginia called off claims that U.S. Immigration and Customs Enforcement was detaining immigrants who have won asylum and other humanitarian immigration protections, after the agency agreed to consider releasing dozens of individuals.
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August 01, 2024
Texas Judge Pauses Border Buoy Trial After 5th Circ. Ruling
A federal judge on Thursday postponed a bench trial in the Biden administration's suit against Texas over a border barrier in the Rio Grande after the Fifth Circuit vacated the district court's order for Texas to move the barrier during litigation.
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August 01, 2024
Fla. Justices Sanction Paralegal For Immigration Practice
The Florida Supreme Court on Thursday told a paralegal and the immigration legal services businesses she has operated that she must reimburse clients who were misled into believing they were working with licensed attorneys.
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July 31, 2024
Split 9th Circ. Won't Use New Law To Revive Trafficking Suit
A split Ninth Circuit panel on Wednesday refused to revive a human trafficking suit former Cambodian seafood factory workers launched against a Californian importer, saying a new law that expanded liability after the distributor's summary judgment win didn't apply retroactively.
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July 31, 2024
Nonprofits' Challenge To Texas' Migrant Transit Law Revived
A Texas federal judge revived a claim from several nonprofits that sought to challenge a Texas executive order allowing state officers to pull over drivers suspected of transporting unauthorized migrants, finding that the court has jurisdiction over the nonprofits' supremacy clause claim.
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July 31, 2024
Texas Rancher Leads Suit Over Biden Admin Border Programs
A Texas rancher and two Texas counties hit the Biden administration with a federal lawsuit Wednesday accusing it of issuing various immigration policies that run afoul of Congress' goal to have "zero illegal entries" at the Lone Star State's border.
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July 31, 2024
WH Reviewing Green Card Rule For Mixed-Status Families
A new rule allowing certain foreigners who are married to U.S. citizens and their children to apply for green cards without leaving the United States is under review at the White House's Office of Information and Regulatory Affairs.
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July 31, 2024
Union Effort Underway At DOJ's Civil Rights Section
Attorneys in the U.S. Department of Justice's Civil Rights Division are in the early stages of organizing a union, the union they're seeking to join confirmed Wednesday.
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July 31, 2024
5th Circ. Slams Injunction Against Texas In Buoy Fight
The majority of the full Fifth Circuit ruled that a Texas federal court abused its discretion by ordering Texas to move a 1,000-foot buoy barrier meant to deter migrants in the Rio Grande to its own riverbank.
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July 30, 2024
Texas Border Buoy Trial Must Go On, Judge Says
A Texas federal judge denied an attempt by Texas to stall an upcoming trial over the state's use of a buoy barrier meant to prevent illegal border crossings, saying in a Tuesday order that the state didn't explain why it had a "sudden emergency" that warranted a stay.
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July 30, 2024
Split 9th Circ. Denies Removal Relief To Cartel Member's Son
A split Ninth Circuit on Tuesday refused to revive a longtime green card holder's bid for deportation relief, saying evidence that his cartel-member father abused him in the U.S. had no bearing on whether he would be harmed again in Mexico.
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July 30, 2024
4th Circ. Nixes Appeal Of Naturalization's Remand To Agency
A Honduran citizen, facing delays to his naturalization application due to a 24-year-old removal order that was never executed, lost his bid to have a judge review his application when the Fourth Circuit ruled that a lower court's remand of the matter to U.S. Citizenship and Immigration Services isn't ripe for a challenge.
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July 30, 2024
Judge OKs Deal Ending Asylum Seekers' Work Eligibility Suit
A Washington federal court signed off Tuesday on a preliminary settlement resolving asylum seekers' claims that federal immigration agencies have forced them to wait longer than the 180-day waiting period to apply for work permits.
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July 30, 2024
NYC Loses Injunction Bid In Texas Migrant Busing Suit
A New York state judge has denied New York City's bid to bar charter bus companies from transporting migrants from Texas, saying the state law the city leaned on is "essentially identical" to one the U.S. Supreme Court struck down in 1941.
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July 30, 2024
9th Circ. Says Migrant Fought For Hearing In Wrong Venue
The Ninth Circuit said Monday a California federal court should not have granted a detained migrant's bid for a bond hearing because he filed it in the wrong place and did not name the proper parties, ruling for the first time that detained migrants face the same hurdles for such petitions as other detainees.
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July 30, 2024
Feds Must Maintain Center's EB-5 Status During Fee Dispute
A Montana federal judge ordered U.S. Citizenship and Immigration Services to maintain a regional center's designation to participate in the EB-5 investor visa program while he reviews claims that the agency moved to terminate its designation without proper notice.
Expert Analysis
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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.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Mitigating Incarceration's Impacts On Foreign Nationals
Sentencing arguments that highlighted the disparate impact incarceration would have on a British national recently sentenced for insider training by a New York district court, when compared to similarly situated U.S. citizens, provide an example of the advocacy needed to avoid or mitigate problems unique to noncitizen defendants, say attorneys at Lankler Siffert.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.