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Immigration
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June 07, 2024
Judge Doubts Ethnicity Questions Deserve Jury Bias Probe
A Washington appellate judge pushed back Friday against a Filipino family who claimed a hospital's questions about their ethnicity at trial required a bias inquiry, noting race is "something that can't be ignored" in any courtroom filled with people who look different from one another.
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June 07, 2024
DC Circ. Won't Let Gov't Toss Sped-Up Timeline For Ally Visas
The D.C. Circuit on Friday refused to terminate a plan requiring the U.S. Department of State to speed up visa processing for Iraqi and Afghan nationals, ruling that some judicial involvement is still necessary to address delays.
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June 07, 2024
Judge Asks Impact Of New Border Policy On CBP App Suit
A California federal judge has asked for briefing on the impact of a new executive order on asylum seekers who enter between ports of entry on a pending lawsuit challenging a requirement that migrants use a smartphone app to submit applications.
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June 07, 2024
Vehicle Repair Co. Gets New Shot At Hiring H-2B Mechanic
A maintenance and vehicle repair company will have another chance to apply for an H-2B certification for a diesel mechanic, a U.S. Department of Labor appeals board ruled, saying that a certifying officer arbitrarily anticipated the deadline for submission.
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June 07, 2024
Ex-Director In NYC Mayor's Office Charged With Bank Fraud
A former director in the New York City Mayor's Office during the Bill de Blasio administration has been indicted on charges that he schemed to defraud over a dozen banks out of about $10 million using illegitimate fraud reports to induce reimbursements.
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June 06, 2024
5th Circ. Presses Feds On 'Perplexing' Razor Wire Arguments
A three-judge Fifth Circuit panel had terse words Thursday for the government's argument that the court couldn't consider new facts on Texas' use of concertina wire at the border when deciding whether to issue a new injunction preventing federal agents from removing the wire, asking how it was "supposed to even react" to that claim during oral arguments
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June 06, 2024
7th Circ. Says Courts Can't Help Canadian Waive 10-Year Ban
The Seventh Circuit on Thursday said its hands were tied on getting a Canadian man a quick decision on whether he can stay in the U.S. while he seeks to waive a requirement he stay abroad for 10 years.
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June 06, 2024
Judge Consolidates Suits Targeting Okla. Immigration Law
A federal judge has combined two lawsuits challenging a new Oklahoma law making it a crime for undocumented immigrants to live in the state, joining separate cases lodged by the Biden administration and a nonprofit immigrant advocacy group.
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June 06, 2024
Wash. Labor Dept. Wants To Back AG In ICE Inspections Suit
The Washington state labor and health departments want to throw their support behind efforts in the Ninth Circuit by the state's governor and attorney general to defend a state law that allows surprise inspections at private immigration detention centers.
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June 06, 2024
'Brothel' Manager Violated Bail After $5.7M Sting, Feds Say
A manager and bookkeeper facing federal charges connected to a COVID-19 grant and tax fraud scheme at a Connecticut strip club violated his bail conditions by showing up at the facility and "hanging out" with a potential witness, federal probation authorities have alleged.
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June 06, 2024
Cleaning Co. Must Undergo Assisted Recruitment For H-2B
A U.S. Department of Labor appeals board affirmed an order requiring a cleaning and restoration company to undergo assisted recruitment until late April 2026 to hire H-2B workers, saying the company, which sought foreign janitors, failed to follow regulatory recruitment requirements.
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June 06, 2024
Kurzban Law Firm Launches DC Office In Farragut Square
Kurzban Kurzban Tetzeli & Pratt PA has launched an office in Washington, D.C., and named a Mayer Brown LLP attorney who was assistant secretary of state for consular affairs as its managing partner, the firm announced Wednesday.
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June 05, 2024
Biden Asylum Halt Contradicts Border Wire Suit, Texas Says
Texas tore into the U.S. Department of Homeland Security on Wednesday, saying a new executive order that halts asylum claims from immigrants who cross the border illegally directly contradicts the agency's argument before the Fifth Circuit over Texas' use of concertina wire fencing at the border.
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June 05, 2024
Exceptions May Help New Border Rules Survive Litigation
The new border regime that President Joe Biden rolled out this week relies on legal provisions that courts largely barred the Trump administration from using to restrict entry, but exceptions in Biden's policy could offer insulation from adverse rulings this time.
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June 05, 2024
Hiring Pattern Dooms Mo. Spa's Quest For Foreign Waitstaff
A lakeside Missouri resort and spa lost in its quest to hire 15 foreign waitstaff for its tourist season after a U.S. Department of Labor appeals board ruled the resort failed to show its need for the foreign staff was temporary.
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June 05, 2024
Federal Judges Facing Scrutiny For Clerk-Hiring Boycotts
The federal judiciary must take a look at its judges' hiring practices in the wake of some jurists' public refusal to hire students from certain law schools over on-campus political activity over the Israel-Hamas war, a nonprofit government watchdog said Wednesday.
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June 05, 2024
7th Circ. Affirms Toss Of Mexican National's Widow Petition
The Seventh Circuit upheld U.S. Citizenship and Immigration Services' decision to deny a Mexican woman's bid for a visa as the widow of a U.S. citizen, saying the agency properly faulted her for misrepresenting her continued relationship with her ex-husband.
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June 04, 2024
House DHS Budget Bill Takes Aim At Biden Priorities
The House Appropriations Committee released a $64.8 billion funding bill for the U.S. Department of Homeland Security for next fiscal year, with a bevy of priorities and policy riders aimed at countering or undoing Biden administration immigration priorities.
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June 04, 2024
JPMorgan Accused Of Retaliating Against Indian H-1B Worker
JPMorgan Chase & Co. is facing a new lawsuit accusing it of firing an Indian product manager on an H-1B visa after the former employee confronted his supervisor for allegedly discriminating against him based on his race and nationality.
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June 04, 2024
Garland Defends DOJ Integrity, Demurs On Justices' Ethics
Attorney General Merrick Garland on Tuesday defended the Department of Justice's independence, deflecting questions about ethics scandals at the U.S. Supreme Court and rejecting Donald Trump's "conspiracy theory" that federal prosecutors were the real force behind his recent conviction.
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June 04, 2024
9th Circ. Rejects Immigrant's Evidence Authenticity Challenge
A split Ninth Circuit refused to revive a Guyanese man's bid for deportation relief, saying he didn't actually challenge the authenticity of evidence used to support his removability, including an FBI rap sheet he said included an incorrect birthplace.
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June 04, 2024
Biden Halts Noncitizens' Entry At Southern Border
President Joe Biden announced executive measures on Tuesday to temporarily suspend the entry of noncitizens at the Southern border and bar asylum claims from those crossing illegally — measures that the American Civil Liberties Union immediately vowed to challenge in court.
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June 03, 2024
Voir Dire With No Judge Present Persists In State Courts
Data released Friday by the National Center for State Courts revealed that voir dire conducted by lawyers with no judge present in the room persists in 7% of state court trials, but has been virtually eliminated in federal courts.
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June 03, 2024
Improper DHS Appointment Voids Asylum Rule, Groups Argue
Two immigrant advocacy groups suing the federal government over a Trump-era rule that narrowed asylum eligibility have told a D.C. federal judge that the changes must be vacated, arguing that former acting U.S. Department of Homeland Security chief Chad Wolf was improperly appointed, making the changes void.
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June 03, 2024
Attys Raise Safety Concerns In Feds' Bid To End Flores Deal
Attorneys for human rights organizations in the long-running Flores litigation are opposing the Biden administration's bid to partially terminate an agreement in the case mandating safety standards for minors in immigration detention, saying it could weaken existing protections.
Expert Analysis
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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What's Ahead For Immigrant Employee Rights Enforcement
The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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How Int'l Student-Athlete Law Would Change The NIL Game
Recently proposed legislation to allow international student-athletes the opportunity to profit from their name, image and likeness without violating their F-1 nonimmigrant student visa status represents a pivotal step in NIL policy, and universities must assess and adapt their approaches to accommodate unique immigration concerns, say attorneys at Phelps Dunbar.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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How AI Executive Order Aims To Compete For Foreign Talent
Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Expect CFPB Flex Over Large Nonbank Payment Cos.
A recent enforcement action and a new rule proposal from the Consumer Financial Protection Bureau indicate a growing focus on the nonbank payment ecosystem, especially larger participants, in 2024, say Felix Shipkevich and Jessica Livingston at Shipkevich.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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What New DHS Cybersecurity Policy Means For Bid Protests
The U.S. Department of Homeland Security's recently unveiled policy of factoring cybersecurity self-assessments into its overall evaluation of contractors could raise novel bid protest considerations for offerors in both the pre-award and post-award contexts, say Amy Hoang at Seyfarth and Sandeep Kathuria at L3Harris Technologies.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.