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Immigration

  • September 25, 2018

    BALCA Backs H-2B Visa Denial For Environmental Contractor

    The U.S. Department of Labor refused to certify a Florida environmental contractor to hire foreign workers on a temporary basis, faulting the company in a Board of Alien Labor Certification Appeals decision for failing to back up its claim that it needed more landscape workers outside of the summer months.

  • September 24, 2018

    Resort Unwelcoming To Spanish-Speaking Workers: EEOC

    The U.S. Equal Employment Opportunity Commission sued a San Antonio resort and its management company Monday in Texas federal court, accusing them of creating a hostile work environment in which Spanish-speaking workers were harassed and subjected to an English-only policy even when guests were not present.

  • September 24, 2018

    Denying Green Cards Over Benefits Would Invite Lawsuits

    The Trump administration's recent proposal to weigh green card and visa applicants' use of certain public benefits as grounds for rejection will draw legal challenges over constitutional and procedural violations if finalized, attorneys say.

  • September 24, 2018

    Quotas Hurt Immig. Judges' Independence, Union Head Says

    The head of the union representing the nation’s immigration judges on Friday urged Congress to support legislation that would make them members of an independent court outside from U.S. Department of Justice oversight, arguing the move is necessary to ensure the rights of the individuals who go before them.

  • September 24, 2018

    PwC, Fragomen Ink Global Immigration Partnership

    Global immigration firm Fragomen, Del Rey, Bernsen & Loewy LLP will enter into a strategic partnership with the U.K. arm of PricewaterhouseCoopers to integrate and cross-market their tax, mobility and immigration services, the firms announced Monday, in a move that furthers the Big Four accounting firms' push into the domain of traditional law firms.

  • September 24, 2018

    Feds Lose Bid To Toss Case Challenging Removal Of Iraqis

    A Michigan federal court on Monday rejected the Trump administration's bid to toss a portion of a case filed by Iraqis seeking to avoid deportation and certified a nationwide class of individuals from the Middle Eastern country whom the federal government sought to remove last year.

  • September 24, 2018

    Ross Ordered To Give Deposition In Census Citizenship Row

    U.S. Secretary of Commerce Wilbur Ross must sit for a deposition on the addition of a question to the 2020 census concerning the citizenship status of respondents, as the federal government has made it clear that he was personally involved in the decision, a New York federal court held on Friday.

  • September 21, 2018

    June DHS Memo Can't Justify Ending DACA, 2nd Circ. Hears

    A coalition of states challenging the Trump administration’s decision to rescind the Deferred Action for Childhood Arrivals program urged the Second Circuit Thursday to uphold their equal protection and procedural claims, asserting that the government’s arguments to the contrary improperly rely on a recent U.S. Department of Homeland Security memo.

  • September 21, 2018

    Regional Center, Affiliates Pay SEC $11.5M Over EB-5 Claims

    The U.S. Securities and Exchange Commission said in an order Friday that an Illinois regional center, its CEO and 37 affiliated partnerships have agreed to pay more than $11.5 million to settle claims that they offered unregistered securities under the EB-5 Immigrant Investor Program.

  • September 21, 2018

    New EB-5 Fraud Suit Against Fla. Man Targets Condo Project

    A Florida man is once again facing accusations of EB-5 visa program fraud after a group of Chinese investors accused him of stealing their funds after throwing around promises for a condominium development that ultimately remained unimproved and empty, causing their petitions for U.S. residency to be denied.

  • September 21, 2018

    Migrant Workers Seek Approval Of Sauerkraut Co. Settlement

    Counsel for more than 200 Mexican migrant workers urged a Wisconsin federal court on Friday to approve a proposed class action settlement of more than $900,000, which would resolve two lawsuits accusing the world’s largest sauerkraut producer of violating migrant protection laws in its handling of workers on temporary nonagricultural visas.

  • September 21, 2018

    Asylum Seekers Ask Wash. Court For Bond Hearings

    A proposed class of asylum seekers asked a Washington federal court on Thursday to order the Trump administration to provide them with timely bond hearings before an immigration judge, in protection of their due process rights.

  • September 21, 2018

    Va. Hospital Dodges Nigerian Doctor's Race Bias Claims

    A Virginia federal court on Thursday tossed a discrimination suit filed by a Nigerian doctor accusing his employer of retaliating against him based on his race and nationality, finding that the doctor, an H-1B visa recipient, had not plausibly alleged that the hospital mistreats its immigrant physicians in violation of civil rights laws.

  • September 20, 2018

    Immigrants, Feds Face Off Over Mental Health Care Injunction

    A proposed class of immigrant parents who have been detained and separated from their children under Trump administration policy faced off with the federal government in California federal court on Thursday, debating whether an injunction can be imposed to ensure mental health care is provided to the families.

  • September 20, 2018

    Immigration Bill Roundup: Family Detention, Tracking Kids

    Senators introduced bills this week aimed at keeping families together in detention and ensuring the Department of Health and Human Services keeps tabs on unaccompanied migrant children released from custody to sponsors. Here, we take a look at their proposals.

  • September 20, 2018

    9th Circ. To Rehear Case Over Counsel For Immigrant Minors

    The full Ninth Circuit will reconsider a panel ruling that immigrant children are not entitled to government-provided counsel in removal proceedings, according to orders issued Wednesday.

  • September 20, 2018

    Beach Eatery Showed Need For Summer Hires, BALCA Finds

    The Board of Alien Labor Certification Appeals has reversed a U.S. Department of Labor certifying officer’s determination that a shrimp restaurant on the Jersey Shore failed to establish that it temporarily needed more dishwashers during the summer season.

  • September 20, 2018

    Greenberg Traurig Bolsters Immig. Practice With 5 New Hires

    Responding to a surge in demand for expertise in legal immigration compliance, Greenberg Traurig LLP has added five immigration attorneys to its Atlanta office, including industry veteran Anita Ninan.

  • September 20, 2018

    Trump Slams $857B Defense Bill Over Lack Of Border Funds

    President Donald Trump on Thursday threw a potential spanner in the works for a pending $857 billion bill to fund federal defense, labor and health spending for 2019, slamming lawmakers for failing to include funding for his signature border wall project.

  • September 19, 2018

    Deportation Surge Feared After Sessions' Immigration Ruling

    U.S. Attorney General Jeff Sessions' Tuesday decision mostly revoking immigration judges' power to dismiss or terminate removal proceedings undercuts their discretionary powers and accelerates deportations, according to attorneys.

Expert Analysis

  • Series

    Judging A Book: Block Reviews 'Tough Cases'

    Judge Frederic Block

    In a new, extraordinary book, "Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made," 13 of my judicial brethren have courageously and dramatically humanized the judicial process, says U.S. District Judge Frederic Block of the Eastern District of New York.

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Transitioning Cos. Can't Forget Pending Green Cards

    Hector Chichoni

    When sponsoring foreign national employees for employment-based lawful permanent residence in the U.S., there are many factors an employer must consider if it is restructuring, relocating or downsizing its operations to avoid the consequences of noncompliance under current U.S. immigration law, says Hector Chichoni of Duane Morris LLP.

  • Update On Calif. Immigrant Worker Protection Act

    Jesse Cripps

    A California federal court recently forbade California and its officials from enforcing several portions of the state's Immigrant Worker Protection Act. While private employers in the state will not be subject to many of the requirements of the law for the time being, the fight over it is likely to proceed, say Jesse Cripps and Ryan Stewart of Gibson Dunn & Crutcher LLP.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Opinion

    AG Speech To Immigration Judges Endangers Due Process

    Kevin Curnin

    In a recent address to new immigration judges, Attorney General Jeff Sessions’ real message was plain: We made you judges not to apply law to facts neutrally, but to help this administration deal with an immigration problem. It is wrong for him to attempt to directly influence any judge to follow the administration’s political script, says Kevin Curnin of Stroock & Stroock & Lavan LLP.