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Immigration
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November 01, 2024
Hawaii Resort's H-2B Bid Doomed By Contractor Status
A Hawaiian resort lost its effort to temporarily hire 40 housekeepers and dishwashers, failing to convince a U.S. Department of Labor judge that it, and not its owner, would serve as the guestworkers' employer.
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October 31, 2024
2nd Circ. Says Naturalized Citizens Owed Adequate Counsel
The full Second Circuit determined Thursday that a naturalized U.S. citizen considering whether to enter a guilty plea has a constitutional right to be advised by counsel that they may lose their citizenship as a result.
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October 31, 2024
6th Circ. Says Removal Waiver Wouldn't Have Helped
The Sixth Circuit refused Thursday to undo a woman's removal order over an immigration judge's failure to inform her she could apply for a removal waiver, saying a waiver, if granted, would not have been able to save her case.
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October 31, 2024
Texas Says It Has Right To Stop Drivers Transporting Migrants
The state of Texas told an El Paso federal judge that an executive order allowing officers to pull over drivers suspected of transporting unauthorized migrants is within the state's authority and doesn't conflict with federal law.
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October 31, 2024
The 2024 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.
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October 31, 2024
Firms' Hiring Strategies Are Evolving In Fight For Top Spot
Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.
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October 30, 2024
Rights Org. Calls For Probe Of Allegedly Manipulated ICE Data
Immigration rights group The Black Alliance for Just Immigration said U.S. Immigration and Customs Enforcement should be investigated immediately, claiming the agency had classified detained Black immigrants as white for years.
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October 30, 2024
11th Circ. Says Daughter's B-Day Dooms Dad's Removal Relief
A Mexican father's hopes to remain in the country and not cause undue hardship for his American daughter were foiled when he didn't object to his final removal hearing getting scheduled for after her 21st birthday, a divided Eleventh Circuit panel ruled.
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October 30, 2024
Landscape Workers Can Be 3 Classes In OT Suit
U.S. citizens and H-2B landscape workers who claimed that a company cheated them out of overtime pay can keep their collective status while also proceeding in three separate classes, a Kansas federal judge ruled.
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October 30, 2024
Access To 'Dreamer' Info Limited In Suit Over HHS Rule
A North Dakota magistrate judge has imposed limits on who can see the names and addresses of 130 Deferred Action for Childhood Arrivals recipients after the court ordered the Biden administration to hand that data over to the state attorney general.
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October 30, 2024
High Court Says Va. Can Keep Purging 'Noncitizen' Voters
A divided U.S. Supreme Court wiped out a federal court order Wednesday that prohibited Virginia from removing suspected noncitizens from its voting rolls this close to Election Day, a program the U.S. Department of Justice and advocacy groups claim has erroneously stripped eligible voters of their constitutional rights.
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October 29, 2024
Feds Tell High Court To Deny Va.'s Bid To Revive Voter Purge
The U.S. Supreme Court must leave in place a court order prohibiting Virginia from removing suspected noncitizens from its voting rolls this close to Election Day, the federal government and advocacy groups argued Tuesday, contending the risk of erroneously stripping eligible voters of their rights outweighs any purported harm to the state.
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October 29, 2024
ICE Accused Of Withholding $300M In Nixed Immigrant Bonds
A New York resident hit the U.S. Immigration and Customs Enforcement with a proposed class action in New York federal court Tuesday, accusing the agency of systemically failing to return more than $300 million in bonds paid to secure the release of immigrants whose detention proceedings were later dismissed.
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October 29, 2024
Building Co. Cops To Worker Scheme Tied To Tax Fraud
A truss building company pled guilty to conspiring to hide its employment of dozens of unauthorized workers from the U.S. Department of Homeland Security with a former employee, who admitted to filing false tax returns as part of the scheme, according to Florida federal court documents.
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October 29, 2024
Bannon Released From Prison As Election, NY Trial Loom
Former President Donald Trump ally Steve Bannon was released from federal prison Tuesday after serving a four-month sentence for contempt of Congress, a week before Election Day and a month and a half ahead of his next criminal trial in New York.
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October 29, 2024
2nd Circ. Says FBI Agents Immune From Suit Over No-Fly List
The Second Circuit on Tuesday upheld a lower court's decision finding immunity for FBI agents who were accused of placing four Muslim men on a no-fly database after they declined to become informants.
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October 29, 2024
Navy Reservist Gets 30 Months For Visa Letter Bribe Scheme
A Navy reserve commander was sentenced to 30 months in prison after being convicted of taking bribes from Afghan nationals in exchange for recommendation letters for visa applications.
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October 28, 2024
Feds Can't Shield DACA Names In ND Healthcare Access Suit
The Biden administration must disclose the names and addresses of Deferred Action for Childhood Arrivals recipients in North Dakota to the state, after a federal judge refused Monday to reconsider the state's request for that data.
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October 28, 2024
Boston Pizzeria Owner Gets Over 8 Years In Forced Labor Row
A Massachusetts federal judge sentenced the owner of a Boston pizzeria to 8½ years in prison after a jury in June convicted him for using physical abuse and threats of violence and deportation to control hourly foreign workers who lacked work authorization.
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October 28, 2024
Ex-Fox Rothschild Clients Push To Revive Malpractice Suit
Two former clients of Fox Rothschild LLP asked a New Jersey federal judge to reject the firm's bid to dismiss a third amended complaint alleging attorneys deceived them into opening credit cards and engaging in a fake marriage under the guise of trying to secure a U.S. visa.
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October 28, 2024
Biden Immigration Rule Pushes 'Mass Amnesty,' Texas Says
Texas told a federal judge that a Joe Biden administration rule allowing noncitizens and stepchildren of U.S. citizens to stay in the country while they apply for green cards and work permits ignores existing immigration law and was an attempt at pushing "mass amnesty."
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October 28, 2024
Va. Asks High Court To Reinstate Voter Rolls Purge
Virginia asked the U.S. Supreme Court on Monday to pause a district court order prohibiting the state from continuing a systematic removal of suspected noncitizens from its voting rolls this close to Election Day, arguing a federal "quiet period" law only protects citizens from last-minute changes to their voting status.
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October 25, 2024
Judge Calls Delay On Afghans' Kids' Visas 'Unconscionable'
As a mother wept in his courtroom Friday, a Virginia federal judge said it was "unconscionable" that the federal government couldn't find a way to allow into the U.S. the children of Afghan nationals who supported the American military in Afghanistan, imploring the State Department to "resolve this issue."
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October 25, 2024
Va. Takes Block Of Voter Purge Program Straight To 4th Circ.
The state of Virginia lodged an immediate appeal at the Fourth Circuit on Friday after a federal judge said the state can't continue a voter removal program so close to Election Day and must re-register those already purged.
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October 25, 2024
2nd Circ. Denies BNP Quick Appeal In Sudan Refugee Suit
The Second Circuit rejected BNP Paribas SA's attempt to immediately appeal a New York federal judge's May ruling certifying a class of Sudanese refugee plaintiffs in litigation accusing the bank of funding the former Sudan government's human rights violations.
Expert Analysis
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Biden Green Card Program Unlikely To Advance Post-Election
Even if Vice President Kamala Harris wins the election and continues a Biden administration policy that would allow certain foreign relatives of American citizens to apply for green cards without leaving the U.S., a challenge in Texas federal court is likely to delay implementation for a long time, says Brad Brigante at Brigante Law.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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Employment Verification Poses Unique Risks For Staffing Cos.
All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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How Immigration Attys Should Prep For A 2nd Trump Term
In light of the possibility of a drastic policy shift under a second Trump administration, immigration lawyers must review what Trump did during his first term, assess who would be most affected if those policies return and develop legal strategies to safeguard their clients' interests, says Adam Moses at Harris Beach.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.