Immigration

  • February 21, 2024

    9th Circ. Judge Slams DOJ 'About-Face' In Asylum Rule Case

    A split Ninth Circuit panel agreed Wednesday to pause the Biden administration's appeal of a lower court order vacating a rule limiting asylum, as a dissenting judge excoriated the government for trying to settle the case after forcefully defending the rule.

  • February 21, 2024

    4th Circ. Tosses Migrant Bond Co.'s CFPB Funding Challenge

    The Fourth Circuit on Wednesday dismissed an appeal from an immigrant bond service company being sued by the Consumer Financial Protection Bureau for allegedly running a predatory scheme, finding that the court has no appellate jurisdiction over the litigation.

  • February 21, 2024

    Dubious Of Peak Season Claims, Judge Nixes Lodge's H-2B App

    A U.S. Department of Labor judge has rejected a South Dakota hunting lodge's efforts to hire six seasonal housekeepers for hunting season, saying the work hours logged in its payroll reports undermine claims of a "crushing" need during the early part of the season.

  • February 21, 2024

    Residential Developer Loses Bid For Temp Foreign Pipelayers

    A residential real estate developer can't temporarily hire 20 foreign pipelayers to work on five new projects after a U.S. Department of Labor appeals board ruled that the developer failed to show a certifying officer that the jobs were seasonal.

  • February 21, 2024

    Texas Seeks Nonprofit Shutdown, Alleges Migrant Smuggling

    Texas' attorney general wants a court in El Paso County to shut down a Catholic nonprofit organization for allegedly denying the state immediate access to records to evaluate whether the organization was smuggling or harboring migrants, among other alleged legal violations.

  • February 20, 2024

    Liberal Justices Hint Chevron Deference Hanging By A Thread

    In the U.S. Supreme Court's latest battle royal over administrative powers, left-leaning justices at oral arguments Tuesday openly suggested that the landmark legal doctrine underpinning modern rulemaking might soon shrivel up, clearing the way for industry-led challenges to regulations on the books for decades.

  • February 20, 2024

    Farms Say Workers Haven't Tied Them To Abusive Tactics

    Two agricultural companies look to escape claims that they trafficked a group of migrant workers, telling a Michigan federal court that the workers hadn't shown how they could have known that a recruiter used abusive tactics to obtain their labor.

  • February 20, 2024

    Developers Deny 'Shell Game' Amid Push For More Sanctions

    Real estate developers facing potential imprisonment over their failure to pay EB-5 investors at least $26 million in settlement and sanction judgments have told an Illinois federal court their money is not hidden in a "shell game" but rather tied up in receivership proceedings the investors already know about.

  • February 20, 2024

    Restoration Architect Says Visa Denial Ignored Evidence

    A Colombian restoration architect who wants to address the affordable housing shortage in the U.S., accused immigration officials in Florida federal court of disregarding more than 1,000 pages of evidence in denying him a national interest waiver for a visa.

  • February 20, 2024

    Permanent Need Dooms Request For H-2B Home Health Aides

    A U.S. Department of Labor appeals board has upheld the rejection of a business's request to hire four home health aides under the H-2B temporary foreign worker program, determining a certifying officer did not act arbitrarily and capriciously in finding the company failed to show its need for workers was temporary.

  • February 20, 2024

    Lack Of Evidence Kills Biz Group's Bid To Hire Foreign Janitors

    A U.S. Department of Labor appeals board shot down a Las Vegas-based Hispanic business group's bid to hire 100 foreign janitors to work during its event season, saying the group failed to hand over evidence to back its seasonal need.

  • February 20, 2024

    GOP Sens. Seek Full Impeachment Trial For Mayorkas

    A group of Senate Republicans made the case on Tuesday that their constitutional duty compels them to hold a full impeachment trial for Alejandro Mayorkas, secretary of the U.S. Department of Homeland Security, despite reservations from other Republicans in the Democrat-led Senate.

  • February 16, 2024

    Texas County Says State's Migrant Arrest Law Will Raise Costs

    Texas' Harris County urged a federal court to grant the Biden administration's bid to block an impending state law that would allow Texas to arrest and deport migrants, saying the law, if enforced, would lead to increased jail-related costs.

  • February 16, 2024

    DOL Faulted For Not Explaining Ala. Sonic's H-2B Visa Denial

    A U.S. Department of Labor appeals board has given the operator of an Alabama Sonic Drive-In another chance at temporarily hiring foreign cooks to help out in warm months, ruling that a certifying officer denied an application for the H-2B visa program without a satisfactory explanation.

  • February 16, 2024

    Union Can't Intervene In Fight Over NY Farm Laborers Law

    The United Farm Workers can't intervene in a case over a state law covering protections for agricultural workers, a New York federal judge ruled Friday, saying the union's interests in organizing and upholding the statute won't be harmed.

  • February 16, 2024

    House Lawmakers Unveil $66.3B Military, Border Bill

    A bipartisan group of U.S. House of Representatives lawmakers introduced legislation on Friday that would provide $66.32 billion to support Ukraine, Israel and Taiwan, as well as enact border reforms.

  • February 16, 2024

    Green Card Approvals Sink To All Time Low

    The United States' green card approval rate hit a historic low amid visa caps, with only 3% of those with pending green card applications on track to receive permanent residency in fiscal year 2024, the Cato Institute reported Thursday.

  • February 15, 2024

    GAO Rejects Protests Against ICE Air Charter Deal

    The U.S. Government Accountability Office denied two protests related to the U.S. Immigration and Customs Enforcement solicitation for air charter services for transportation of noncitizens in federal custody, according to two decisions published Thursday.

  • February 15, 2024

    Texas Migrant Arrest Law Needs 'A Lot More Care,' Judge Says

    A Texas federal judge Thursday seemed poised to block a controversial state law that would permit the state to arrest and deport migrants, telling attorneys for the state that the statute may lead to a patchwork of immigration law akin to "the kind of thing the Civil War said you can't do."

  • February 15, 2024

    HHS Watchdog Finds Lax Vetting For Migrant Kid Sponsors

    The U.S. Department of Health and Human Services was lackadaisical in vetting sponsors taking custody of children who migrated to the U.S. alone and did not always do timely safety checks after their release, according to a report Thursday.

  • February 15, 2024

    9th Circ. Unconvinced That Theft Doesn't Warrant Removal

    A Mexican man fighting deportation after he was convicted of robbery couldn't convince the Ninth Circuit that the state robbery law supporting his conviction was too broad to force his removal.

  • February 15, 2024

    ICE Reaches Settlement Over Mistaken Raid On Couple

    The government has reached a settlement with an elderly Boston woman and the estate of her longtime partner over a mistaken 2019 U.S. Immigration and Customs Enforcement raid on their apartment by agents who had the wrong address for a suspect, according to a Thursday court filing.

  • February 14, 2024

    NY Judge Sends Migrant Busing Suit Back To State Court

    A state court will hear the New York City social services commissioner's $708 million lawsuit seeking to hold charter companies liable for Texas' migrant busing policies, after a New York federal court ruled Wednesday that the case does not raise federal questions.

  • February 14, 2024

    GOP Senator Wants Confirmation Hearing On Labor Secretary

    Sen. Bill Cassidy, R-La., called on the Senate Committee on Health, Education, Labor and Pensions to hold another hearing on the nomination of Julie Su to the position of secretary of labor, arguing that Su's record as acting secretary deserves public scrutiny.

  • February 14, 2024

    Investors Urge Prison As Developers Seek More Briefing Time

    Two real estate developers on Wednesday asked for more time to respond to EB-5 investors' request that they be imprisoned for hiding their money instead of paying overdue settlements and sanctions judgments, telling an Illinois federal judge their attorney wrote down the court's deadline incorrectly.

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Expert Analysis

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • USCIS Fee Increases May Have Unintended Consequences

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    U.S. Citizenship and Immigration Services’ new fee schedule, intended to provide the agency with needed funds while minimizing the impact of higher fees on individual immigrants and their families, shifts too much of the burden onto employers, say Juan Steevens and William Coffman at Mintz.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

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