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Immigration
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July 15, 2024
11th Circ. Affirms Yemeni Man's Removal After Marriage Fraud
The Eleventh Circuit has affirmed the removal of a Yemeni citizen who fraudulently claimed he was married to a U.S. citizen, rejecting arguments that he has since legitimately married another U.S. woman who he now supports and that his removal proceedings should have been paused while he pursued other visa options.
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July 15, 2024
EEOC Commissioner Sonderling To Depart Agency
EEOC Commissioner Keith Sonderling announced Monday he will leave the agency in August when his term ends, wrapping up a seven-year tenure with the federal government to return to the private sector.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
Loper Bright Is Shaking Up Dozens Of Regulatory Fights
In the two weeks since the U.S. Supreme Court overturned Chevron deference, the landmark decision has emerged as a live issue in dozens of administrative challenges, with federal courts already pausing agency regulations expanding LGBTQ+ rights in education and healthcare and with a wave of parties seeking to use the new decision to win their cases.
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July 12, 2024
DHS Says Recent High Court Rulings Doom CBP App Claims
The U.S. Department of Homeland Security said Friday that a pair of recent U.S. Supreme Court rulings addressing the issue of standing mean that two organizations lack the standing to challenge its requirement that migrants use a smartphone app to submit applications.
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July 12, 2024
Reservist Found Guilty Of Taking Bribes For Visa Letters
A U.S. Navy Reserve officer was found guilty in New Hampshire federal court on Friday of accepting bribes from Afghan nationals seeking recommendations for special immigrant visas, green cards reserved for individuals who assist the U.S. military.
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July 12, 2024
Texas DA Tells 5th Circ. He's Immune In Border Law Fight
Texas District Attorney Bill Hicks told the Fifth Circuit its June decision finding another district attorney immune from a suit over changes to the state's election code means he should be shielded from a challenge to the Lone Star State's migrant arrest law.
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July 12, 2024
Judge Nixes Fraud Suit, Slams Atty's Fox Rothschild Remarks
A New Jersey federal judge threw out a fraud and malpractice suit brought against Fox Rothschild by two men who said the firm was "knowingly and willfully robbing their immigration clients" and warned their attorney over prior comments he made to Law360 regarding the case.
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July 11, 2024
Ex-Judges Say 11th Circ. Wrong On Authority For Visa Petitions
Former immigration judges urged the U.S. Supreme Court to unravel the Eleventh Circuit's ruling that the courts cannot review a revoked visa petition, saying the ruling denies immigrants important judicial protections based on factors outside their control.
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July 11, 2024
DACA Recipient, Credit Union Settle Home Loan Bias Suit
A beneficiary of the Deferred Action for Childhood Arrivals program has reached a settlement with an Oregon credit union to end claims that he was unlawfully denied a home equity loan based on his immigration status.
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July 11, 2024
2nd Circ. OKs Israeli Man's Removal After Wife Ends Support
The Second Circuit on Thursday rejected an appeal from an Israeli man fighting deportation following a sham marriage to a U.S. citizen, finding his conditional permanent resident status ended since he didn't submit a joint petition with his spouse to remove the conditions of his status after she withdrew support.
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July 11, 2024
2nd Circ. Says Unreported Violence Doesn't Doom Asylum Bid
The Second Circuit on Thursday said the Board of Immigration Appeals must reconsider an asylum bid from a Honduran woman claiming family abuse and rape by a criminal, finding that evidence of the difficulties women face in reporting violence and the government's ineffective response to such reports was ignored.
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July 10, 2024
3rd Circ. Says Pretrial Detention Bars Bid For Removal Relief
A split Third Circuit on Wednesday refused to revive a Honduran man's bid for deportation relief, saying the over 1,000 days he spent in detention before being sentenced for sexually assaulting his stepdaughter barred him from showing good moral character.
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July 10, 2024
ACLU Says Vetting Policy Ensnared Innocent Immigrants
U.S. Citizenship and Immigration Services has a secret vetting program that it has used for more than 15 years to keep certain green card and citizenship applications in "immigration purgatory," the American Civil Liberties Union announced Wednesday in a white paper.
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July 10, 2024
GOP Bombards Agencies With Demands After Chevron's End
Republican leaders of major congressional committees Wednesday demanded details from dozens of agencies on policies suddenly shrouded in uncertainty after U.S. Supreme Court conservatives overturned the so-called Chevron doctrine, which for 40 years gave regulators flexibility in rulemaking and advantages in related litigation.
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July 10, 2024
4th Circ. Says Parole Entry Did Not Interrupt Residency Status
The Fourth Circuit ruled that a Ghanaian national retained his status as a lawful permanent resident and is therefore eligible for U.S. citizenship, even though border officials refused to admit him into the country following a misdemeanor conviction for embezzlement.
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July 10, 2024
African Student Visa Denials Need Investigating, Experts Say
New data from the U.S. Department of State backs up what immigration attorneys have long suspected for years: African students are denied visas at higher rates than students from other regions, showing a need for greater scrutiny of the student visa process.
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July 10, 2024
DOL Can't Stop Discovery Disclosures In Fishery Wage Suit
The U.S. Department of Labor didn't show how a Mississippi federal court erred in ordering the agency to turn over the identities of some migrant workers who participated in the department's investigation of a fishery, the court ruled Wednesday, standing by its earlier decision.
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July 10, 2024
Indiana AG Looks To End City Law Limiting ICE Cooperation
The Indiana attorney general sued the city of East Chicago in a state court, looking to force the municipality to drop a policy that restricts local officials' and businesses' ability to assist U.S. Immigration and Customs Enforcement.
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July 09, 2024
'Stop Right There': Judge Slams King County Deportation Args
A Ninth Circuit panel on Tuesday criticized King County's argument that its executive order banning deportation flights from a Seattle airport did not force a fuel supplier to stop servicing the flights, with one judge calling it preposterous.
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July 09, 2024
Philly EB-5 Investors Can Seek Visa Outside Court, Panel Says
The D.C. Circuit on Tuesday found three Chinese EB-5 investors who sought to fast-track a visa by putting their money into a Philadelphia transit project can still do so without litigation in a decision backing a trial court ruling dismissing their case.
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July 09, 2024
Ex-DOJ Atty Tells Guo Jury Of Illicit Extradition Campaign
Prominent Chinese Communist Party critic Miles Guo capped off his defense to $1 billion fraud charges Tuesday with testimony from a former U.S. Department of Justice attorney, who admitted to participating in a plot to lobby the U.S. government for Guo's extradition to China.
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July 09, 2024
McDermott Lands 22-Year Latham Securities Litigator In LA
McDermott Will & Emery has brought in the global co-chair of Latham & Watkins LLP's securities litigation and professional liability practice group to join its Los Angeles office.
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July 09, 2024
DOL Says It Can Regulate Foreign Farmworkers' Wages
The U.S. Department of Labor has argued that it has had the authority to regulate wages for foreign H-2A farmworkers for about 40 years, telling a Georgia federal court that 17 Republican attorneys general and two entities cannot halt a rule that just went into effect.
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July 09, 2024
Buchalter Debuts Immigration Group, Adds 2 Karr Tuttle Attys
Buchalter PC has hired two attorneys for its Seattle office to complement its new immigration practice group.
Expert Analysis
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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.
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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.