Immigration

  • October 11, 2024

    Up Next At High Court: CBD Injuries & The Clean Water Act

    The U.S. Supreme Court will be closed Monday, but the justices will return to the bench Tuesday to hear arguments over whether the federal Racketeering Influenced and Corrupt Organizations Act allows litigants to pursue claims of economic harm tied to personal injuries, and how specific pollutant discharge limits have to be under the Clean Water Act.

  • October 11, 2024

    EB-5 Investor Urges Rollback Of Immigration Fee Hikes

    An EB-5 immigrant investor urged a Colorado federal judge to set aside controversial immigration fee increases that took effect in April, arguing that a 2022 law required a study from the U.S. Department of Homeland Security before the immigrant investor program fees could be raised.

  • October 11, 2024

    High Court Bar's Future: Stanford Law's Easha Anand

    Fresh off her shot-from-a-cannon debut during the U.S. Supreme Court's previous term, Easha Anand of Stanford Law School is moving full steam ahead into the new term, arguing Tuesday against one of the nation's most accomplished oral advocates. If things go as usual, Anand says she'll have nerves "out the wazoo" before and even after the showdown — but none at all when staying calm matters most.

  • October 11, 2024

    BofA Must Face Iranian Bias Claims At 9th Circ.

    A Bank of America customer wants the Ninth Circuit to revive his proposed class action alleging the financial giant discriminates against Iranian citizens, according to a notice of appeal.  

  • October 10, 2024

    Paxton Sanctions Attempt Is 'Intimidation Tactic,' Nonprofit Says

    A Houston civil rights nonprofit focusing on immigration is calling a sanctions motion from Texas Attorney General Ken Paxton an "intimidation tactic," telling a state appeals court that it shouldn't have to just accept whatever legal interpretation the state spits out or face sanctions.

  • October 10, 2024

    Feds, US Allies Hash Out New Special Visa Process

    A D.C. federal judge on Thursday largely rejected the federal government's proposed revisions to a court-ordered plan to hasten the processing of special immigrant visas, or SIVs, for Afghan and Iraqi allies to the U.S.

  • October 10, 2024

    5th Circ. Judge Hints Justices' 'Sea Change' May Help DACA

    A Fifth Circuit judge grilled Texas on Thursday over whether it still has standing to challenge the Deferred Action for Childhood Arrivals policy, suggesting recent U.S. Supreme Court precedent might spell trouble for the Lone Star State's bid to kill the program.

  • October 10, 2024

    Vet Groups Back Soldiers Fighting Naturalization Mandate

    Veterans' groups are backing soldiers fighting the Pentagon's efforts to mandate a one-year service requirement for citizenship eligibility, telling the D.C. Circuit that soldiers who enlist during wartime would risk getting deployed without the benefits of citizenship.

  • October 10, 2024

    Sanctioned Afghan Officials Drop Suit For Treasury's Review

    Two former Afghan lawmakers withdrew their lawsuit challenging the financial and immigration restrictions they face in the U.S., while the U.S. Department of Treasury considers a request to remove the sanctions.

  • October 09, 2024

    Marine In Afghan Baby Kidnapping Suit Won't Be Discharged

    A U.S. Marine attorney accused of kidnapping an Afghan child has reportedly avoided getting booted from the military despite a Marine Corps panel on Tuesday finding he engaged in conduct unbecoming of an officer in his fight over the child.

  • October 09, 2024

    Settlement Approved For DACA Loan Discrimination Suit

    A California federal judge gave the green light to a settlement that will end a proposed class action accusing First Tech Federal Credit Union of denying home loans to recipients of the Deferred Action for Childhood Arrivals program.

  • October 09, 2024

    Yale Must Answer Ex-Student's 'Execution' Fears, Judge Says

    A judge has ordered Yale University to respond to an expelled student's fears of execution if he is deported to Afghanistan as she mulls lifting a ban on naming a classmate who accused the ex-student of sexual assault in litigation connected to a key Title IX ruling.

  • October 09, 2024

    Staffing Biz Deemed A Contractor Can't Get H-2B Workers

    A U.S. Department of Labor appeals board rejected a Florida staffing agency's bid to hire 15 food "batchmakers" through the H-2B visa program, ruling on Wednesday that the company failed to provide enough evidence that it's not a contractor.

  • October 09, 2024

    Constangy Appoints Additional Immigration Leadership

    Labor and employment boutique Constangy said Wednesday that a North Carolina partner is stepping up to co-chair the firm's immigration practice group.

  • October 09, 2024

    DOL Fines Farm Labor Contractor, Bars It From H-2A Program

    A farm labor contractor based in Washington state will pay more than $252,000 and be barred from participating in the H-2A temporary worker program for three years after underpaying workers and putting their safety at risk, the U.S. Department of Labor announced.

  • October 08, 2024

    Texas AG Says USCIS Must Hand Over Voter Citizenship Data

    Texas is re-upping its demand that U.S. Citizenship and Immigration Services turn over any information it has regarding the citizenship status of nearly half a million people the state believes might be illegally registered to vote.

  • October 08, 2024

    Jackson, Kagan Target Loper Bright In Ghost Gun Case

    U.S. Supreme Court Justice Ketanji Brown Jackson was uncharacteristically quiet during initial arguments Tuesday over the federal government's authority to regulate ghost guns. While her colleagues debated whether kits of unassembled parts qualify as firearms, she waited patiently to post a different question: Can courts now toss agency interpretations they don't like?

  • October 08, 2024

    1st Circ. Says 'Nothing We Can Do' To Help Salvadoran Family

    The First Circuit on Monday rejected a petition for asylum from a Salvadoran family fleeing MS-13 gang violence, acknowledging that the issue is "rampant" in the Central American country but saying their hands are tied from helping the petitioners.

  • October 08, 2024

    9th Circ. Says Mexican Family Was Persecuted By Cartel Violence

    A Mexican mother and daughter will get another shot at asylum after the Ninth Circuit ruled on Tuesday that the Board of Immigration Appeals wrongly determined that cartel violence, including kidnapping, physical assault and murder, isn't persecution.

  • October 08, 2024

    Contractors Tell 5th Circ. They Belong In Border Wall Suit

    Border wall construction firms urged the Fifth Circuit to insert them into Texas' suit challenging the Biden administration's border wall spending plan, saying they were barred from the case even though it threatens their financial rights under their old contracts.

  • October 07, 2024

    Trump Primed To Withstand Immigration Litigation If He Wins

    Republican presidential nominee Donald Trump is poised to go full throttle on a restrictive immigration agenda should he win in November, with new federal court precedent more favorable to backing his policies the second time around.

  • October 07, 2024

    9th Circ. Revives Asylum App Denied Over Alleged Plagiarism

    The Ninth Circuit revived an asylum application from an Indian national allegedly persecuted for his membership in a Sikh separatist political party, saying an immigration judge incorrectly denied the application based on its general similarities with other Indian nationals' asylum applications.

  • October 07, 2024

    Fabricator's New Work Site Can't Justify H-2B Bid, Judge Says

    A California-based fabricator couldn't convince the U.S. Department of Labor that a contract in a new location warranted hiring foreign welders and fitters, with an agency judge finding little in the contract that distinguished the job from the company's regular business.

  • October 07, 2024

    Court Punts Case Over Trump's 'Eating The Dogs' Comments

    An Ohio county prosecutor is better suited than a court to decide if criminal charges are warranted against Donald Trump and vice presidential candidate JD Vance for allegedly fueling harassment, including bomb threats, against Haitian migrants, an Ohio court has ruled.

  • October 07, 2024

    High Court Skips On Challenge Of Fair Housing Claims Limits

    The U.S. Supreme Court said Monday that it will not probe the Fourth Circuit's January decision unwinding a summary judgment win for a manufactured-home park in a suit from immigrant families challenging a policy requiring residents to show proof of legal residency.

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Expert Analysis

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Haste Is Priority For Participation In New Green Card Program

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    Immigration practitioners should determine their clients' eligibility under the Biden administration’s new policy to help certain noncitizens, particularly those married to U.S. citizens, to apply for green cards, and do so without delay given uncertainty tied to the upcoming election, says Brad Brigante at Brigante Law.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • Opinion

    Dreamer Green Card Updates Offer Too Little For Too Few

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    Despite the Biden administration’s good intentions in announcing a new pathway for college-educated Dreamers to receive green cards, the initiative ultimately does little to improve the status quo for most beneficiaries, and could even leave applicants in a worse position, says Adam Moses at Harris Beach.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

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