Immigration

  • March 08, 2024

    Migrant Parole Program Survives GOP States' Challenge

    A Texas-led coalition of states lost their bid to challenge a Biden administration program letting Cubans, Haitians, Nicaraguans and Venezuelans temporarily work in the U.S., after a federal judge ruled Friday they lack standing to sue over the program.

  • March 08, 2024

    Weather Data Revives Lumber Co.'s H-2B Visa Application

    An Illinois lumber company's weather reports had helped prove it would face labor shortages during the warmer seasons, a U.S. Department of Labor judge ruled, ordering a certifying officer to revisit the company's request to hire eight seasonal workers.

  • March 07, 2024

    Biden Blasts 'Hidden Fees' During State Of The Union

    During what could be his last State of the Union, President Joe Biden touted on Thursday night his administration's efforts to protect consumers by combating such issues as "junk fees" and price gouging.

  • March 07, 2024

    House Backs Migrant Detention Bill After Ga. Student Death

    The U.S. House of Representatives on Thursday passed legislation that would require the federal government to take into custody undocumented migrants accused of theft, a bill that was crafted in the wake of the killing of a University of Georgia student last month.

  • March 07, 2024

    9th Circ. Gives Salvadoran Woman 2nd Chance At Asylum

    A Ninth Circuit panel unanimously ruled that the U.S. Board of Immigration Appeals must assess the Salvadoran government's ability to protect a woman facing deportation after seeking asylum, saying the agency had only determined that the government was willing to pursue her persecutors.

  • March 07, 2024

    GOP States Seek To Save Biden's Asylum Limits Rule

    Several Republican attorneys general said Thursday their states should get the opportunity to intervene in the Biden administration's attempt to settle a lawsuit over a rule limiting asylum, saying the rule actually helps states deal with unlawful immigration.

  • March 07, 2024

    9th Circ. Says Board Ignored Salvadoran's Testimony

    The Ninth Circuit has ordered the Board of Immigration Appeals to reconsider whether deporting a Salvadoran mother and daughter would expose them to state-condoned gang violence, faulting the board for "entirely" failing to address evidence that local police cooperated with gang members.

  • March 07, 2024

    Long-Distance Truck Drivers Again Found Eligible For H-2B

    An administrative law judge has revived a trucking company's bid to temporarily hire foreign drivers, saying the Office of Foreign Labor Certification's answers to frequently asked questions, which a certifying officer relied on when denying the bid, got immigration law wrong.

  • March 06, 2024

    8th Circ. Rejects Appeal Of Denial Of Pause In Green Card Fight

    The Eighth Circuit on Tuesday unanimously rejected a challenge by a group of Indian nationals to a U.S. Citizenship and Immigration Services' refusal to issue final decisions on their status adjustment applications seeking lawful permanent residency, finding the panel lacks subject-matter jurisdiction to hear the case.

  • March 06, 2024

    Feds Resolve Immigrant Father-Son Border Separation Suit

    The U.S. government has finalized a settlement with a Guatemalan father and son to end a $6 million lawsuit alleging federal immigration officers forcibly separated them at the border and blaming the Trump administration's policies for the trauma the two suffered as a result, according to recent court filings.

  • March 06, 2024

    House Votes To Require DHS Border Contract Reviews

    A newly passed bill by the U.S. House of Representatives seeks to ensure accountability of federal contracts for operations and services along the U.S.-Mexico border.

  • March 06, 2024

    Lottery Winners Say Visa Wait Has Sent Them To The Border

    Winners of the diversity visa lottery pressed the Washington, D.C., federal court to order the immediate processing of thousands of green cards, saying visa hopefuls who have waited years to immigrate are now entering through the U.S.-Mexico border instead.

  • March 06, 2024

    GEO Tries To Keep Immigration Site Inspection Suit In Fed Court

    Private prison operator GEO Group argued this week that the Washington state labor department's lawsuit accusing GEO of unlawfully turning away inspectors from an immigrant detention facility should stay in federal court since GEO was merely following U.S. Immigration and Customs Enforcement instructions.

  • March 05, 2024

    Settlement Gets 'Tire Spinning' EB-5 Fraud Suit Unstuck

    Winter thawed in a Florida courthouse on Tuesday when the last remaining defendant in a nearly decade-long $50 million investment fraud suit agreed to settle the case, surprising the judge and opposing counsel after refusing for years to strike a deal.

  • March 05, 2024

    Fed. Circ. Doubts Whether Atty Fee Suit Has Legs

    The Federal Circuit didn't seem convinced Tuesday morning that a U.S. Court of Federal Claims order overturning an attorney fee award was even ripe for appeal, but by the end of oral arguments, the panel's ire was drawn toward an eleventh-hour challenge to jurisdiction.

  • March 05, 2024

    DocGo Hit With Investor Suit Over 'Limitless' Charter Clause

    A mobile-healthcare company under scrutiny after being awarded a $432 million contract to provide services for migrants in New York City has been hit with a stockholder suit in Delaware's Court of Chancery alleging that the company's charter contains "broad and limitless" provisions that run afoul of state corporate law.

  • March 05, 2024

    8th Circ. Says Minor's Duress From Gang Can't Aid Asylum Bid

    The Eighth Circuit has refused to overturn an immigration judge's decision denying asylum to a Honduran man who trafficked guns and drugs for MS-13 as a child, finding that his counsel didn't show how duress was linked to the asylum claim.

  • March 05, 2024

    ADI Can't Recoup Full Quinn Emanuel Bill In IP Theft Case

    A Massachusetts federal judge on Tuesday compared Analog Devices Inc.'s pricey hiring of a Quinn Emanuel attorney to monitor its former engineer's trade secrets trial in person to paying "a brain surgeon to pop a pimple" in an order denying restitution for those costs.

  • March 04, 2024

    Ranches Nix Shepherds' 'Indentured Servitude' Suit For Now

    A Nevada federal judge culled individual ranches from a sheepherder's antitrust lawsuit Monday, ruling that for now, the proposed class action has failed to specify their role in an alleged scheme led by the Western Range Association to keep guest worker wages down to the level of "permanent indentured servitude."

  • March 04, 2024

    Judge 'Uncomfortable' In Tossing Man's No-Fly-List Suit

    A Michigan federal judge dismissed Monday a Lebanese-American businessman's lawsuit accusing several federal agencies of violating his fundamental rights by putting him on a secretive no-fly list, but the judge said the decision wasn't easy since the man couldn't face certain evidence.

  • March 04, 2024

    Alito Delays 5th Circ. Order On Texas' Migrant Arrest Law

    The U.S. Supreme Court on Monday delayed a Fifth Circuit order that would have allowed a Texas law authorizing the arrest and removal of migrants to take effect on March 10, giving the state three additional days to fight the Biden administration's bid to block the law.

  • March 04, 2024

    ICE Could Have Acted On $14M Deal Protest Sooner, Judge Says

    A U.S. Court of Federal Claims judge tossed a lawsuit protesting a $14.5 million U.S. Immigration and Customs Enforcement body armor deal, but not without chiding the agency for failing to address a purported conflict of interest earlier on in the dispute.

  • March 04, 2024

    H-2A Farmworkers Seek Partial Win Ahead Of Wage Trial

    A certified class of migrant sugarcane farmworkers under the H-2A visa program asked an Arkansas federal judge to partly rule in their favor in a wage dispute set for an April jury trial, saying payroll records indicate the farm labor contractor shorted them $410,089 and that the owner should be held liable.

  • March 04, 2024

    Deported Man Seeks Mass. Justices' OK For Remote Retrial

    A man deported to the Dominican Republic due to convictions that were later vacated asked Massachusetts' high court on Monday for permission to join the government's retrial of the same charges via videoconference because there's no legal way for him to attend the trial physically.

  • March 04, 2024

    9th Circ. Says Mexican Man's Torture By Gov't Facility Unlikely

    The Ninth Circuit refused to revive a Mexican man's bid for deportation relief, agreeing with the Board of Immigration Appeals that the man failed to show he'd likely be tortured by healthcare providers in Mexico's state-run mental health facilities.

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Expert Analysis

  • How To Deal With Difficult Clients, Practically And Ethically

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    Meredith Stoma at Lewis Brisbois discusses common obstacles for counsel working with difficult clients and provides guidance on ethically managing or terminating these challenging relationships — as, for example, counsel for Ye have recently done.

  • Opinion

    Federal Courts Should Adopt Supreme Court's Amicus Stance

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    The federal courts of appeals should adopt the U.S. Supreme Court's new approach to amicus curiae briefs, which allows the friend-of-the-court submissions to be filed without consent from the court or the parties, says Lawrence Ebner at Atlantic Legal Foundation.

  • Why NIL Policy Isn't A Game Changer For Int'l Students

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    While it's been over a year since the NCAA's groundbreaking policy change allowing paid sponsorships, most international student-athletes will be unable to benefit until U.S. government agencies clarify the immigration consequences, says Gabriel Castro at BAL.

  • 3 Pricing Trends In Law Firm Use Of Litigation Funding

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    As BigLaw firms increasingly include litigation funding as a financing option for clients, internal pricing groups are taking the lead on standardizing and centralizing firm processes, and aggregating risk budgets, says Brendan Dyer at Woodsford Group.

  • Safeguarding Attorneys' Greatest Asset: Our Mental Health

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    Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

  • Digital Nomads: Key Considerations For Global Businesses

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    As employers and employees embrace remote, location-independent work arrangements enabled by technology, they must be mindful of the employment law and tax consequences such arrangements may trigger, say Hannah Wilkins and Audrey Elliott at Eversheds Sutherland.

  • Top 10 Labor And Employment Issues In M&A Transactions

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    In order to ensure that M&A transactions come to fruition in the current uncertain environment, companies should keep several labor and employment issues in mind during the due diligence process to minimize risk, says Cassidy Mara at Akerman.

  • Opinion

    Law Schools Are Right To Steer Clear Of US News Rankings

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    By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.

  • Opinion

    Litigation Funders Seek Transparency In Disclosure Debate

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    Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

  • Employee Immigration Considerations For M&A Due Diligence

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    For a company going through a merger or acquisition, an immediate review of immigration issues, including compliance and impediments to employee retention, can remove several stumbling blocks known to trip up otherwise viable deals, say Elizabeth Gibbes and Miguel Manna at Parker Poe.

  • 5 Principles For Better Professional Development Programs

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    The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

  • Series

    My Favorite Law Prof: How I Learned To Practice With Passion

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    First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.

  • Questions To Ask Before Making A Lateral Move As Partner

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    Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.

  • Series

    My Favorite Law Prof: How I Learned To Argue Open-Mindedly

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    Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.

  • ABA's No-Contact Rule Advice Raises Questions For Lawyers

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    The American Bar Association's ethics committee recently issued two opinions concerning the no-contact rule — one creates an intuitive and practical default for electronic communications, while the other sets a potential trap for pro se lawyers, say Lauren Snyder and Deepika Ravi at HWG.

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