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Immigration
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August 15, 2024
Judge Wary Of Paxton's Bid To 'Annihilate' Houston Nonprofit
A Texas state judge indicated Thursday that he was hesitant to allow Texas Attorney General Ken Paxton to file a suit seeking to take away an immigrant-led nonprofit's corporate charter, telling attorneys that Paxton was asking him "to go zero to 100" by seeking "annihilation" of the entity.
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August 15, 2024
DHS Sets Immigrant Worker Reforms For June 2025 Agenda
The U.S. Department of Homeland Security has proposed amending its regulations in three preference classifications, setting possible rulemaking for its semiannual regulatory agenda in June 2025.
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August 15, 2024
Illinois Rep. Touts Bill To Train Immigration Court Attys
U.S. Rep. Delia Ramirez, D-Ill., said Thursday that a large number of defendants in U.S. immigration courts have no legal representation due to those courts having no policy to provide them with an attorney if they can't afford it and touted a bill she co-sponsored that would create a grant program to train more immigration attorneys.
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August 15, 2024
DC Judge Restarts Border Wall Suit After Deal Scuttled
A D.C. federal judge has resumed a suit over border wall damage on Arizona ranch lands after the ranches and the Biden administration said a Texas injunction in a different case upended a potential settlement in this one.
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August 14, 2024
ICE Faces Trimmed Suit Over Detainee's COVID-19 Death
A California federal court on Tuesday again allowed U.S. Immigration and Customs Enforcement to trim a lawsuit alleging it failed to protect a man who died in detention but kept claims alleging ICE failed to oversee its facilities or protect the man from COVID-19.
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August 14, 2024
GSA Hit With Protest Over $985M Migrant Kid Transport Deal
Trailboss Enterprises Inc. is protesting the General Services Administration's decision to award a $985.4 million transportation and logistics contract for unaccompanied children in federal custody to a competitor, saying it lost the contract because of a flawed selection process.
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August 14, 2024
House Republicans Press DHS On Pause Of Parole Program
House Republicans are pressing the U.S. Department of Homeland Security for more information about why the agency paused a humanitarian program for Cuba, Haiti, Nicaragua and Venezuela, saying documents the agency already turned over highlight issues with sponsor vetting.
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August 14, 2024
1st Circ. Says Brazilian's Asylum Testimony Not Credible
The First Circuit denied a petition for review from a Brazilian man and his son of a Board of Immigration Appeals decision denying their bid for removal protection, finding that the decision was supported by evidence that the father lacked credibility.
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August 14, 2024
Top Immigration Cases To Watch In The 2nd Half Of 2024
The remainder of this year could see courts render decisions on President Joe Biden’s efforts to curb unlawful immigration, the legality of the Deferred Action for Childhood Arrivals program, and fresh challenges to immigration-related regulations. Here, Law360 looks at cases that could rock the immigration sphere in the latter half of the year.
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August 13, 2024
DHS To Expedite Asylum Processing At Canadian Border
The Biden administration is set to begin expediting asylum processing at the Northern border with Canada and limiting how long asylum seekers have to consult attorneys, U.S. Department of Homeland Security confirmed to Law360 on Tuesday.
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August 13, 2024
Honduran Woman's Rape Case Against ICE Dismissed Again
A Honduran immigrant waited too long to sue over claims that a U.S. Immigration and Customs Enforcement agent raped her repeatedly for seven years, a Connecticut federal court ruled for the second time, once again finding in favor of the defendants after the Second Circuit revived the case in 2023.
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August 13, 2024
CBP Strikes $45M Deal To End Pregnancy Bias Suit
U.S. Customs and Border Protection will pay $45 million to wrap up a class action brought on behalf of 1,000 workers who said the agency forced them onto light duty because they became pregnant, the workers' attorneys said Tuesday.
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August 13, 2024
DOJ Says Law Bars All River Structures In Texas Buoy Row
The Biden administration criticized Texas' "cribbed reading" of the Rivers and Harbors Act in its suit to make Texas remove a border barrier in the Rio Grande, saying the law bars all unauthorized structures in the river — even those that haven't been built yet.
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August 13, 2024
The Top Immigration Cases Of 2024 So Far
The U.S. Supreme Court handed down 2024’s biggest immigration rulings so far, including greenlighting a two-step removal notice scheme, barring U.S. citizens from challenging spousal visa denials and opening up hardship determinations to judicial review. Here, Law360 looks back at the year's four most consequential court decisions for immigration.
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August 12, 2024
Split 9th Circ. Says Mexican Man Deprived Of Right To Atty
A split Ninth Circuit panel affirmed a district court's dismissal of an indictment against a Mexican national for illegal reentry after being previously deported, finding that he did not knowingly and voluntarily waive his right to an attorney.
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August 12, 2024
Tesla Subcontractors Didn't Violate FCA, 9th Circ. Rules
The Ninth Circuit on Monday refused to revive two foreign workers' whistleblower suit against companies tapped to provide a Tesla construction project with laborers, ruling in a published opinion that the companies didn't defraud the government by seeking cheaper work visas.
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August 12, 2024
Visa Lottery Winners Ask Full DC Circ. To Allow Processing
Attorneys for 2020 and 2021 diversity visa lottery winners asked the full D.C. Circuit to undo a panel decision barring the U.S. Department of State from processing their expired visa applications, saying the decision flouts precedent.
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August 12, 2024
SEC Accuses Crypto Co., Execs, Promoters Of $650M Fraud
The U.S. Securities and Exchange Commission on Monday sued crypto trading firm Nova Tech Ltd., its founders and promoters in Florida federal court for their roles in an alleged $650 million fraud and pyramid scheme that targeted many in the Haitian American community.
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August 12, 2024
Top Immigration Policies To Watch In The 2nd Half Of 2024
The final months of the Biden administration could bring last-minute policymaking to address worker shortages, while new asylum restrictions could be solidified along with a program to offer protections and work permits to unauthorized spouses of U.S. citizens.
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August 09, 2024
Migrant Detentions In Texas Too Long, DHS Watchdog Says
U.S. Immigration and Customs Enforcement's struggles with holding detainees at its long-term detention facilities have caused prolonged detentions at three U.S. Border Patrol facilities near the Texas-Mexico border, the U.S. Department of Homeland Security's internal watchdog revealed on Thursday.
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August 09, 2024
Visa Rule Change Forcing Priests Out Of US, Suit Claims
A U.S. Department of State regulation unlawfully deprioritized visa availability for foreign religious workers, who as a result are being forced to leave the U.S. and abandon their congregations or overstay their visas, a new federal lawsuit claims.
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August 09, 2024
5 Immigration Policy Developments Of 2024: A Midyear Report
President Joe Biden addressed competing election year priorities by curbing asylum and boosting protections for foreign spouses of U.S. citizens, while his administration implemented higher immigration fees and overhauled the H-1B lottery process. Here, Law360 takes a look at five of the most significant immigration policy developments of 2024 so far.
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August 09, 2024
Colony Ridge Mortgage Co. Says It Was 'Office Geek' For Site
A Texas mortgage company pushed Friday to be released from a lawsuit accusing a Houston-area real estate developer and lender of predatory lending practices, telling a federal judge that it never met with the Hispanic consumers allegedly preyed on through the scheme and that the company was "just doing paperwork."
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August 09, 2024
Fishery Says DOL's Refusal To Testify Should End Wage Suit
A Mississippi fishery is urging a federal judge to dismiss the U.S. Department of Labor's suit alleging the company interfered in the agency's wage investigation, saying the acting labor secretary's refusal to testify warrants ending the case.
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August 09, 2024
Immigrants In Ind. Jail Resist ICE Bid To Dodge Detention Suit
Immigrant detainees challenging conditions at an Indiana county jail resisted U.S. Immigration and Customs Enforcement's attempt to duck claims that it kept paying the county to detain immigrants, even though the prison's sanitation and medical services fell short of federal standards.
Expert Analysis
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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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.