Immigration

  • May 15, 2024

    2nd Circ. Revives Removal Fight Over Judge's Lack Of Analysis

    An immigrant facing removal despite fearing a drug cartel's torture back home got another shot to fight deportation, after the Second Circuit ruled that an immigration judge didn't adequately explain why short shrift was given to the immigrant's expert witness.

  • May 15, 2024

    Rio Grande Is A 'Creek,' Texas Tells 5th Circ. In Barrier Rehearing

    The state of Texas told the full Fifth Circuit on Wednesday that the Rio Grande is "little more than a creek with an excellent publicist" as it pushed the court to vacate an order that would require it to remove a floating barrier intended to keep migrants out of the country.

  • May 15, 2024

    Fla. Sheriff Caved To ICE Detainer On American, Atty Says

    Attorneys for a Tampa-area U.S. citizen mistaken for a Jamaican national and nearly deported told a Florida federal judge Wednesday that the Monroe County sheriff lacked probable cause to arrest the man, arguing that the police agency blindly followed a federal immigration detainer without checking its accuracy.

  • May 15, 2024

    Staffing Co. Settles Claims It Spurned Immigrant's Work Docs

    A medical staffing company agreed to improve employee anti-discrimination training to resolve allegations that it fired an immigrant employee, after refusing to accept valid evidence that she could work in the U.S., the U.S. Department of Justice announced Wednesday.

  • May 15, 2024

    US Accused Of Ditching Refugee Families Without Explanation

    Three families the United Nations refugee agency referred to the U.S. for resettlement after they fled to Kenya from Congo are accusing the U.S. government of leaving them in limbo after an eleventh-hour cancellation on their move to the U.S.

  • May 14, 2024

    Asset Manager Cops To $1.2B Venezuelan Oil Co. Fraud

    An asset manager pled guilty Tuesday to one count of conspiracy to commit money laundering for his role in a $1.2 billion scheme to embezzle money from Venezuela's state-owned oil company and launder it through false investment schemes in the U.S. and abroad.

  • May 14, 2024

    4th Circ. Says Attempted Child Sex Abuse Warrants Removal

    The Fourth Circuit approved the deportation of a man convicted of attempting to sexually abuse a child, ruling Tuesday that the attempted offense qualified as child abuse crime warranting removal.

  • May 14, 2024

    Iraqis, Feds Seek Settlement OK In Deportation Row

    The U.S. government and a class of Iraqi nationals fighting deportation for fear of persecution urged a Michigan federal judge to preliminarily approve a settlement reached after what they said were nearly seven years of vigorous litigation.

  • May 14, 2024

    DOL Appeals Board Nixes Disaster Relief Provider's H-2B Bid

    A U.S. Department of Labor appeals board has upheld the denial of H-2B visas for a Louisiana-based company seeking to hire foreign workers for disaster relief services, finding that the company did not show the work to be seasonal.

  • May 14, 2024

    NY Court System Immune To Spanish-Speaker's Bias Case

    The New York Unified Court System can't be sued in federal court by a Spanish speaker whose limited English language skills allegedly barred him from a program that could have reduced a drug offense's severity, the New York federal court has ruled.

  • May 13, 2024

    Wall Fraud Conviction Affirmed Despite Juror-Prosecutor Tie

    The Second Circuit on Monday affirmed the conviction of a Colorado man found to have siphoned online donations meant to fund a Southern border wall, saying the fact that a federal prosecutor had mentored a juror's daughter didn't warrant vacating the conviction.

  • May 13, 2024

    Celebrated Irish Jockey Sues USCIS For Denying EB-1 Visa

    An accomplished jockey and steeplechase champion from Ireland is suing U.S. Citizenship and Immigration Services in Pennsylvania federal court, alleging that the agency wrongly denied his 390-plus page application for an EB-1 visa because he didn't respond to a request for additional evidence despite the original petition having ample evidence to support the classification.

  • May 13, 2024

    DOL Says Policy Disagreement Not Enough To Nix H-2A Rule

    The U.S. Department of Labor rejected a group of farms' criticisms of new H-2A agricultural wages as a mere policy disagreement, telling a North Carolina federal court that the rule was appropriately enacted after taking stock of its potential financial effects.

  • May 13, 2024

    Texas, Mo. Say Border Contractors Lack Interests To Defend

    Texas and Missouri have slammed contractors' attempts to defend the Biden administration's plans to use border wall construction funds to remediate existing barriers, telling a Texas federal court that the group lacks a direct interest in the case's outcome.

  • May 13, 2024

    Investor Seeks Info On Visa Denied For Money Exchanger Use

    A Vietnamese woman challenging U.S. Citizenship and Immigration Services' denial of her EB-5 petition hauled the agency into a D.C. federal court, accusing it of withholding information that may reveal why her use of a money exchanger doomed her petition.

  • May 10, 2024

    Immigration Court Backlog Swells To Nearly 3.6M Cases

    The number of pending deportation cases in courts across the country has swelled to almost 3.6 million as of the end of April, almost 1.3 million of which are asylum cases, while many immigrants continue to get deported without legal representation, according to a report issued by Syracuse University's Transactional Records Access Clearinghouse on Wednesday.

  • May 10, 2024

    Cos. Sufficiently Alleged DOL Retaliation Over Atty, Judge Says

    The U.S. Department of Labor failed Friday to trim a lawsuit challenging three companies' five-year ban from the H-2B program after a Texas federal judge ruled that the companies sufficiently alleged that the department retaliated against them because of their attorney choice.

  • May 10, 2024

    Lack Of Specificity Dooms Concrete Co.'s H-2B Worker Bid

    A U.S. Department of Labor appeals board backed a department certifying officer's decision not to let a concrete solutions company temporarily hire foreign workers to supplement its staff, saying the company failed to adequately explain why it needed the workers.

  • May 10, 2024

    Farm Gets 2nd Go At H-2A Extension After Worker's Aneurysm

    A U.S. Department of Labor appeals board has revived a farm's request to extend two foreign workers' employment to finish up work that was delayed after a co-worker suffered a brain aneurysm, saying a certifying officer shouldn't have flat-out denied the extension request.

  • May 10, 2024

    Climate Group Settles DOJ Claims It Shut Out Noncitizens

    A Massachusetts-based nonprofit organization focused on climate action agreed to settle claims it discriminated against non-U.S. citizen job seekers including asylees and green-card holders by inviting only U.S. citizens to apply for jobs, the U.S. Department of Justice announced.

  • May 09, 2024

    DHS Unveils Rule To Expedite Certain Asylum Rejections

    The U.S. Department of Homeland Security has unveiled a proposed rule that would allow DHS to more quickly determine whether certain asylum-seekers pose a public or national security risk and, if so, deport them, according to an announcement made Thursday.

  • May 09, 2024

    Chinese Tycoon In $500M Debt To Investors To Be Released

    A Chinese cinema magnate who owes his investors more than $500 million will no longer be detained on immigration and campaign donor fraud charges, a New York federal court ruled Thursday.

  • May 09, 2024

    DHS Watchdog Flags Holes In Afghan Evacuee Processing

    The U.S. Department of Homeland Security's internal watchdog has found vulnerabilities in how the agency resolves potential red flags for Afghan evacuees in the U.S., including a lack of defined guidelines for Afghans who want to extend their humanitarian parole.

  • May 09, 2024

    Iowa Immigration Law Tramples On Feds' Authority, Suits Say

    The U.S. Department of Justice and a nonprofit filed separate lawsuits on Thursday challenging Iowa legislation that empowers state officials to arrest and remove noncitizens who were previously deported, arguing the statute usurps federal authority over immigration.

  • May 09, 2024

    Visa Lottery Winners Urge DC Circ. To Finish 2-Yr-Old Review

    Attorneys for thousands of diversity visa winners urged the D.C. Circuit to finish reviewing stayed orders mandating the visas' release, saying many clients are losing hope of coming to the U.S.

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Expert Analysis

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Opinion

    Expanded Detention Will Not Solve Immigration Challenges

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    The recently defeated bipartisan border package included provisions that would increase funding for detention, a costly distraction from reforms like improved adjudication and legal representation that could address legitimate economic and public safety concerns at much lower cost, say Alexandra Dufresne and Kyle Wolf at Cornell University.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • How Harsher Penalties For AI Crimes May Work In Practice

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    With recent pronouncements from the U.S. Department of Justice that prosecutors may seek sentencing enhancements for crimes committed using artificial intelligence, defense counsel should understand how the sentencing guidelines and statutory factors will come into play, says Jennie VonCannon at Crowell & Moring.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • What Attorneys Need To Know About H-1B Lottery Changes

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    The newly revamped H-1B lottery process opened Wednesday and promises to bring more fairness to securing highly competitive slots, giving more companies a chance to access highly skilled workers, say Renée Mueller Steinle and Elizabeth Chatham at Stinson.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

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