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Immigration

  • January 23, 2019

    Calif. Developer Can't Escape $9.5M EB-5 Fraud Claims

    A California federal judge on Wednesday rejected a real estate developer's attempt to escape U.S. Securities and Exchange Commission allegations that he and others defrauded mostly Chinese investors of $9.5 million by convincing them to invest in projects in return for promises of EB-5 visas.

  • January 23, 2019

    State Of The Union Invite Rescinded As Shutdown Continues

    With the partial federal government shutdown likely to extend into next week as the logjam continued on Wednesday, House Speaker Nancy Pelosi canceled President Donald Trump's invitation to deliver the State of the Union during the funding lapse.

  • January 23, 2019

    DHS Puts Freeze On Acquisitions Due To Shutdown

    The U.S. Department of Homeland Security has announced that it, and most of its component agencies, won’t move forward with pending acquisitions until the partial federal shutdown ends, citing limited resources.

  • January 23, 2019

    Bill Roundup: Legalizing Farmworkers, DACA Data Privacy

    Despite the federal government shutdown over President Donald Trump’s immigration enforcement demands, Democrats have recently introduced legislation that would offer a path to legal status for immigrant farmworkers, support Temporary Protected Status for Haitians, and establish privacy protections and new employment opportunities for Deferred Action for Childhood Arrivals beneficiaries. Here, Law360 examines their proposals.

  • January 23, 2019

    Bad Advice From Nonlawyer Can't Undo Deportation: 3rd Circ.

    A Haitian man can’t duck a deportation order because a nonlawyer wrongfully advised him that he didn’t need to attend his asylum hearing, the Third Circuit held Wednesday in a published opinion.

  • January 23, 2019

    Advocacy Group Backs Visa Bid For Korean Adopted As Teen

    An advocacy group for adopted children weighed in on a retired U.S. Army intelligence officer’s bid to obtain an immigrant visa for his adopted teenage daughter, urging the Tenth Circuit on Tuesday to find that adopted children have equal rights under the law as biological children for immigration purposes.

  • January 22, 2019

    Citizenship Question Could Endanger 2020 Census, Court Told

    A group of advocacy organizations and individuals lambasted the Trump administration's plan to add a citizenship question to the 2020 census, putting census experts and an immigrant rights advocate on the stand Tuesday in Maryland federal court to detail the harm the move would cause.

  • January 22, 2019

    10th Circ. Says REAL ID Act Bars Review Of Habeas Petition

    The Tenth Circuit on Tuesday held that district courts do not have the jurisdiction to review tardy habeas corpus petitions under a 2005 counter-terrorism law, leaving in place a removal order filed against a Cambodian citizen who had obtained U.S. citizenship using a fake ID.

  • January 22, 2019

    Senate To Vote, But Likely Will Not Reopen Government

    Efforts to end the record-breaking partial federal government shutdown crawled forward Tuesday as Senate leaders agreed to a series of votes on bills that could end the showdown over President Donald Trump's demand for $5.7 billion in funding for a wall on the southern border.

  • January 22, 2019

    Gov't 'Silence' Gives Weight To Student Visa Suit, Court Told

    Several higher education institutions and organizations challenging a new government policy that tightens compliance requirements for student and visitor exchange visas have urged a North Carolina federal court not to toss the case, saying the suit’s strength is demonstrated by the government’s “silence” when it comes to justifying its directive.

  • January 22, 2019

    Challenge To Immigrant Minors Detention Policy Expands

    Challengers to the Trump administration's policies toward immigrant children held in detention centers have broadened the putative class action to include thousands of minors nationwide, saying the government's procedures violate the due process rights of the children and the adults seeking to shelter them in the United States.

  • January 19, 2019

    Trump Sticks To Wall Demand, But Offers DACA, TPS Extension

    President Donald Trump on Saturday proposed to end the federal government shutdown by temporarily extending the Deferred Action for Childhood Arrivals program and Temporary Protected Status for some 300,000 noncitizens in exchange for more than $6 billion in border security funding.

  • January 18, 2019

    Prison Co. Stock’s Non-Reaction To Disclosures Dooms Cert.

    A Tennessee federal judge declined Friday to certify a class of investors who allege that private prison operator CoreCivic Inc. misrepresented its safety, security and rehabilitation standards, saying shares of the company didn’t decline when the supposed misstatements were first revealed.

  • January 18, 2019

    Immigration Attys Ride Out Limited Service In Shutdown Slog

    Business immigration attorneys said they have mostly been able to conduct business as usual in spite of the federal government shutdown, though certain key programs remain inactive and low agency staffing levels have slowed down services.

  • January 18, 2019

    Justices Won't Hear Arguments In Citizenship Question Case

    The U.S. Supreme Court won’t hear oral arguments over evidentiary disputes in a case related to the Trump administration's inclusion of a question about citizenship status on the 2020 census, according to a Friday docket entry.

  • January 18, 2019

    Texas Judge Changes Course On County’s ICE Detainer Policy

    A Texas federal judge on Thursday vacated his previous order that a Texas county violated a man’s Fourth Amendment rights by holding him based on a detainer request from U.S. Immigration and Customs Enforcement, saying a subsequent Fifth Circuit ruling on a related matter left no other option.

  • January 18, 2019

    Calif. Restaurant Chain To Pay $4M To End Wage Theft Row

    A California restaurant chain has agreed to pay $4 million to end a wage theft case pending before state labor regulators that alleges it underpaid about 300 immigrant workers, a legal group representing the workers has said.

  • January 18, 2019

    Gov’t Takes Domestic Violence Asylum Battle To DC Circ.

    The Trump administration is turning to the D.C. Circuit to protest a judge’s decision to scrap a policy established by former U.S. Attorney General Jeff Sessions that largely barred victims of domestic and gang violence from obtaining asylum, according to a notice filed Thursday.

  • January 18, 2019

    Gov't Can't Halt Immigrant Benefits Suit During Shutdown

    The Trump administration has lost a bid to push back a case accusing it of unlawfully attempting to bar noncitizens who use certain public welfare programs from obtaining immigration benefits, with a Maryland federal judge noting the "significant ramifications" to residents' well-being if the case was halted during the government shutdown.

  • January 18, 2019

    Texas Bill Would Criminalize Faking Family Relation At Border

    A bill filed in the Texas Legislature on Thursday would make it a misdemeanor offense to falsely pass off a child as a family member at a designated border crossing.

Expert Analysis

  • Opinion

    Courts Are Getting It Right On Litigation Funding Discovery

    Matthew Harrison

    Earlier this month, a California federal court denied discovery into the identification of third-party funders with a financial interest in the outcome of an underlying patent infringement action. This decision in MLC v. Micron follows a long line of well-reasoned precedent across U.S. federal courts, say Matthew Harrison and Sarah Jacobson of Bentham IMF.

  • Immigration Compliance Essentials For 2019

    Susan Cohen

    In today’s aggressive immigration enforcement environment, compliance has never been more important. And every company, whether employing foreign nationals on visas or not, must comply with the U.S. Department of Homeland Security’s I-9 employment verification requirements, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • Opinion

    Eyeballs Are Better Than Border Walls

    Stephen Pazan

    My rough calculations suggest “extreme vetting” of U.S. visa applicants could be as good as building a wall, and the human and economic costs would be much less, says Stephen Pazan, special counsel at Barket Epstein Kearon Aldea and LoTurco LLP and a former consular officer with the U.S. Department of State.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Navigating DHS' Uncertain H-1B Overhaul

    Matthew Kolodziej

    Although the U.S. Department of Homeland Security's recently proposed changes to the H-1B visa lottery are intended to make the process quicker and easier, they appear unlikely to be finalized before the next H-1B cap application period begins, says Matthew Kolodziej of Jia Law Group.