Immigration

  • March 14, 2024

    Russian's Asylum Delay Suit Survives Dismissal Effort In Fla.

    A Russian national's legal efforts to speed up his 4-year-old asylum application survived a dismissal bid from the Biden administration, after a Florida federal court found the asylum-seeker had plausibly alleged his application had been unreasonably delayed.

  • March 14, 2024

    Ga. Farm Retreat Fails to Back H-2B Bid With Growing Season

    An administrative law judge on Wednesday shot down a Georgia farm retreat's bid to temporarily hire foreign employees during the Peach State's growing period, saying in two decisions that the employer failed to show that either of the job positions were seasonal.

  • March 14, 2024

    Judge OKs Exclusion Of Late Evidence In Deportation Fight

    An appellate immigration judge on Thursday ruled that evidence an El Salvador man fighting deportation submitted after a filing deadline was correctly excluded, saying a statute that would've allowed the late evidence only applied to individuals in expedited removal proceedings.

  • March 14, 2024

    Atty Rips Fox Rothschild's Gag Order Bid As 'Temper Tantrum'

    The attorney for two men suing Fox Rothschild LLP for malpractice has hit back against the firm's request for a gag order — which came after he called the firm a "corrupt organization" and threatened criminal prosecution — calling it a "temper tantrum" and claiming Fox Rothschild is merely trying to distract from the events that led him to make those comments.

  • March 14, 2024

    Fla. Atty Disbarred For Practicing Law After Suspension

    The Florida Supreme Court has disbarred an immigration attorney for practicing law while he was suspended after an investigation found he inappropriately texted and then fired women he worked with as an elected public defender.

  • March 14, 2024

    In 3rd Win, Sig Sauer Beats ICE Agent's Defective-Gun Suit

    Sig Sauer has defeated a third product liability lawsuit from a user who claimed its P320 pistol spontaneously discharged, injuring him without the trigger being touched, convincing another federal judge that the plaintiff's expert witness testimony should be disqualified.

  • March 13, 2024

    CoreCivic Beats Asylum-Seeker's Miscarriage Liability Suit

    A California federal judge handed CoreCivic Inc. a win Tuesday in a negligence lawsuit filed by an El Salvadorian asylum-seeker who alleged she miscarried while detained at the prison giant's immigration detention center near the U.S.-Mexico border, finding there to be no triable factual dispute over whether she miscarried in custody.

  • March 13, 2024

    Shipbuilder Created For One Project Can't Get H-2B Staff

    A company created solely for one shipbuilding project can't hire dozens of foreign shipbuilders to fulfill the contract, after failing to convince a U.S. Department of Labor judge that its labor needs weren't permanent.

  • March 13, 2024

    Don't Let Texas 'Rewrite' Immigrant Arrest Law, SG Tells Justices

    The Biden administration has told the U.S. Supreme Court that Texas is trying to recast a law allowing the state to arrest and deport immigrants in a more palatable light when it argued for the first time it doesn't require removal.

  • March 13, 2024

    New Co.'s Lack Of Records Dooms Bid For H-2B Truck Drivers

    A U.S. Department of Labor appeals board has upheld the denial of a transportation company's request for drivers under the H-2B visa program, ruling the company's payroll records and sales summaries did not prove a need for foreign, temporary workers.

  • March 13, 2024

    EB-5 Suit Says Hotel Project Tricked Non-English Speakers

    A real estate investment company is facing a proposed class action in California federal court alleging it took advantage of immigrant investors' limited English by fraudulently making them agree that the company and an Embassy Suites project could keep their investments indefinitely.

  • March 12, 2024

    Judiciary Touts New Policy To Rein In Judge Shopping

    The Judicial Conference of the United States on Tuesday said it has updated a policy on random case assignments to ensure litigants can't shop for the judge of their choice by going to a one-judge division of a district court.

  • March 12, 2024

    Texas' Migrant Arrest Law Faces New Suit, Now By Individuals

    Texas residents and a local nonprofit on Tuesday challenged the constitutionality of a new Texas law allowing state officers to arrest and deport migrants, the same day the U.S. Supreme Court imposed a second temporary pause on the law.

  • March 12, 2024

    Judge Lets Feds Appeal 'Novel' Issues In Asylum Bond Suit

    A Washington federal judge allowed federal immigration agencies to seek the Ninth Circuit's opinion on whether the district court can hear a class of asylum-seekers' lawsuit alleging deprivation of bond hearings, saying jurisdictional and constitutional issues in the case seem novel.

  • March 12, 2024

    Judge OKs Deal Ending DACA Holders' Lending Bias Suit

    A California federal court gave the all-clear for a $120,000 settlement to resolve claims that a credit union unlawfully denied loans to unauthorized immigrants with Deferred Action for Childhood Arrivals status, including one of its former employees.

  • March 12, 2024

    Alito Again Delays Effective Date Of Texas' Migrant Arrest Law

    U.S. Supreme Court Justice Samuel Alito on Tuesday again barred Texas from immediately arresting and deporting migrants under a new state law, ordering a five-day pause of a Fifth Circuit order allowing the law to take effect.

  • March 11, 2024

    Texas Fights Bid To Block Migrant Arrest Law At High Court

    Texas on Monday urged the U.S. Supreme Court to deny the Biden administration's bid to vacate an administrative stay issued by the Fifth Circuit and allow the Lone Star State's immigration law to take effect, saying it's the first line of defense "against transnational violence" caused by the federal government's inaction.

  • March 11, 2024

    9th Circ. Orders 2nd Look At Zambian Woman's Asylum Bid

    The Ninth Circuit on Monday revived a Zambian woman's asylum bid lodged for fear of being persecuted over her sexual orientation, saying the Board of Immigration Appeals didn't properly evaluate claims she'd previously been persecuted in Zambia for being a lesbian.

  • March 11, 2024

    Biden's 2025 Budget Seeks More Border Funds, Again

    The White House unveiled its $7.3 trillion fiscal year 2025 budget Monday, which includes more than $62 billion for the U.S. Department of Homeland Security, some of which would fund initiatives Congress has so far rebuffed President Joe Biden on.

  • March 11, 2024

    Wash. Law Aimed At GEO's Migrant Facility Partially Barred

    A Washington federal judge has halted the state from conducting unannounced inspections and imposing new health and safety standards at an immigration detention facility, saying that a statute authorizing those actions unlawfully discriminates against GEO Group Inc., the facility's operator.

  • March 11, 2024

    Texas Judge Doubts Paxton's Motive For Shutting Nonprofit

    An El Paso, Texas, judge on Sunday put the brakes on Texas Attorney General Ken Paxton's bid to immediately shut down a Catholic nonprofit he has accused of smuggling or harboring migrants, raising questions about Paxton's motives.

  • March 08, 2024

    Biden Administration Must Use Border Wall Funds, For Now

    A Texas federal judge on Friday ordered the Biden administration to use funds Congress specifically designated for the Southwest border wall to continue construction, issuing a preliminary injunction and finding that Texas and Missouri could face substantial harm to their state budgets without the injunction.

  • March 08, 2024

    Dems Say DHS Watchdog Trying To Evade Their Oversight

    House Democrats on Friday said Republican leaders must renounce the U.S. Department of Homeland Security inspector general's claim his leadership isn't being investigated, saying the watchdog head was seemingly trying to shield himself — "in vain" — by claiming to be a whistleblower.

  • March 08, 2024

    H-1B Season Opens With Mix Of Optimism And Apprehension

    A mixed aura of optimism and uncertainty greets the new H-1B season as immigration attorneys express hope that an overhauled lottery process will help level the playing field, while concerns simultaneously loom about how impending fee increases will impact smaller companies.

  • March 08, 2024

    Explain Prince Harry's US Visa Records, Judge Orders DHS

    A D.C. federal judge will review information concerning Prince Harry's U.S. visa records in private to decide if the federal government can withhold records a conservative think tank claims may reveal whether the British royal got special immigration treatment.

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Expert Analysis

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • EB-5 Investment Period Clarification Raises More Questions

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    U.S. Citizenship and Immigration Services' recent clarifying guidance for EB-5 investors, specifying that the statutory investment period begins two years from the date of investment, raises as many questions as it answers given related agency requirements and investors' potential contractual obligations, says Daniel Lundy at Klasko Immigration Law Partners.

  • 5 Considerations for Year-End Immigration Budget Planning

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    Courtney Noce and Miriam Thompson at Greenberg Traurig offer insights to help companies with year-end immigration budget planning, a complex process with many factors affecting expenses, from changes in corporate policy or structure, to anticipated fee increases and the uncertainties inherent in visa processing.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Tips For Student Visa Applicants Mired In Processing Delays

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    Notwithstanding procedural changes at the U.S. Department of State that provided hope for more timely and predictable visa processing outcomes, international student applications continue to risk becoming bogged down in administrative processing, but certain steps may improve the situation, say Carl Risch and Lauren Epstein at Mayer Brown.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • How A Gov't Shutdown Would Affect Immigration Processing

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    While a government shutdown would certainly create issues and cause delays for immigration processing, independently funded functions would continue for at least a limited time, and immigration practitioners can expect agencies to create reasonable exceptions and provide guidance for navigating affected matters once operations resume, say William Stock and Sarah Holler at Klasko Immigration Law Partners.

  • Opinion

    Smart Immigration Reform Can Improve Health Care Access

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    With the U.S. health care crisis expected to worsen due to ongoing nationwide physician shortages, immigration reform can provide one short-term solution to bring more trained doctors to medically underserved areas, says Sarah Peterson at Fragomen.

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