Immigration

  • June 28, 2017

    Past Is Prologue In High Court Travel Ban Showdown

    President Donald Trump's executive order halting travel by nationals from six Muslim-majority countries to the U.S. is one of only a few executive orders to work its way to the U.S. Supreme Court since World War II. Here, Law360 looks at some previous challenges and the framework they’ve set for considering the case.

  • June 28, 2017

    CBP Mistreating Detained Kids, Flouting Pact, Judge Says

    A California federal judge on Tuesday said U.S. Customs and Border Protection is again violating a 20-year-old settlement agreement dictating the treatment of immigrant minors, granting a motion to enforce the agreement and ordering the appointment of a juvenile coordinator.

  • June 28, 2017

    5th Circ. Unlikely To Expand Suits Against Feds

    When the Fifth Circuit reviews a case involving a border patrol agent's fatal shooting of a Mexican teenager on remand from the U.S. Supreme Court, it is unlikely to alter the established, but rarely expanded, ability of plaintiffs to sue individual federal officials for damages, experts say.

  • June 28, 2017

    Panda Express Settles Immigrant Discrimination Claims

    The parent company of Panda Express will pay more than half a million dollars to settle claims that the nationwide fast-food chain excessively checked the immigration documents of already-verified employees, the Department of Justice’s Civil Rights Division announced Wednesday.

  • June 28, 2017

    The 10 Funniest Moments Of The Supreme Court Term

    Neal Katyal seemingly tried to educate Justice Samuel Alito about a well-known Latin phrase, Justice Sonia Sotomayor prayed aloud that she wouldn’t be assigned a mind-numbing opinion, and Justice Elena Kagan needled a lawyer who confused her with another justice. Here, Law360 wraps up the top moments of legal levity from the latest high court term.

  • June 28, 2017

    The Most Talkative Justice Of The High Court Term

    Since the death of Justice Antonin Scalia last year, a new U.S. Supreme Court justice has emerged as the most talkative at oral arguments — and the titleholder should come as no surprise to court watchers.

  • June 28, 2017

    The Cases That Got The Justices Talking

    The justices’ level of engagement at oral argument can provide a crucial window into their thinking on an issue, but interpreting what that might mean for how they’ll rule is an elusive art. Here, Law360 looks at the sessions in which each justice engaged the most.

  • June 28, 2017

    US Unveils New Overseas Airport Security Measures

    The federal government will subject all U.S.-bound flights from 280 airports in 105 countries to heightened passenger and aircraft screening procedures as part of a spate of new aviation security directives, the Trump administration unveiled Wednesday.

  • June 28, 2017

    Iranian Groups Seek New Block After High Court Ruling

    Multiple Iranian-American groups asked a D.C. federal court Tuesday to preliminarily block President Donald Trump’s travel ban as it applies to certain Iranian individuals in same-sex relationships, arguing that they face imminent irreparable harm if they’re forced to return to their home country.

  • June 27, 2017

    Rep. Labrador To Head Immigration Subcommittee

    Rep. Raúl Labrador, R-Idaho, the sponsor of a bill to criminalize undocumented immigrants' presence in the U.S., has been named chairman of the House Immigration and Border Security Subcommittee, according to an announcement by the House Judiciary Committee on Tuesday.

  • June 27, 2017

    Gorsuch And Thomas Becoming Fast Friends At High Court

    In Neil Gorsuch, Clarence Thomas seems to have found a U.S. Supreme Court justice after his own heart. The court’s newest member and its most silent one cast identical votes in case after case this year, at times taking positions deemed more conservative than those of their fellow Republican appointees on the court.

  • June 27, 2017

    Colorado-Based Immigration Firm Allott Merges With Ware

    The Colorado-based Allott Immigration Law Firm has combined with Louisiana-based Ware Immigration, the managing partner of Allott told Law360 on Tuesday.

  • June 27, 2017

    5 High Court Concurrences That Read Like Dissents

    “Concurring opinion” can feel like a misnomer when a justice departs from — or downright slams — the reasoning of the majority. Here are the opinions from the latest U.S. Supreme Court term in which the biggest divisions bore the label of agreement.

  • June 27, 2017

    The Sharpest Dissents From This Supreme Court Term

    While there were fewer dissents coming from the U.S. Supreme Court during its October 2016 term than in years past, justices still managed to come up with creative disses and blistering attacks when they were on the losing side. Here, Law360 highlights the term’s top dissents.

  • June 27, 2017

    Immigration Atty Rule Blocks 'Ghostwriting,' DOJ Says

    The U.S. Department of Justice agency that oversees the nation’s immigration courts pushed back Monday against an advocacy group’s quest to undo a strict interpretation of rules governing attorney appearances, telling a federal court in Seattle that turning a blind eye to enforcement would promote “ghostwritten” filings and decrease transparency.

  • June 27, 2017

    Intersex Navy Vet Gets Passport Denial Suit Revived

    A Colorado federal judge reopened a lawsuit Tuesday accusing the U.S. State Department of running afoul of the U.S. Constitution and federal law by denying a passport application from an intersex Navy veteran who refused to pick a male or female gender designation.

  • June 27, 2017

    Judge Halts Deportation of Iraqi Detainees Nationwide

    A Michigan federal judge halted Monday the deportation of all Iraqi immigrants with prior criminal convictions who were recently detained during immigration sweeps across the United States, expanding an earlier stay that applied to Iraqi immigrants detained in Detroit.

  • June 26, 2017

    Focus Shifts To Ties With U.S. In Latest Travel Ban Twist

    With the U.S. Supreme Court allowing President Donald Trump’s travel ban to be enforced against people who don’t have a clear link to the U.S., the question now becomes what exactly will qualify as a "bona fide relationship,” with experts predicting potential confusion, visa delays and additional litigation ahead.

  • June 26, 2017

    Punted Immigration Cases Put Gorsuch In Tie-Breaker Role

    The Supreme Court’s unusual decision on Monday to hold over two cases for reargument next term could put Justice Neil Gorsuch in a position to cast the deciding vote for a conservative majority on key immigration issues as the court considers President Donald Trump's controversial travel ban.

  • June 26, 2017

    The Supreme Court Term By The Numbers

    Despite a contentious confirmation hearing for Justice Neil Gorsuch, the U.S. Supreme Court term itself was mellow this year, with more unanimous cases and fewer controversial decisions. Still, there were a handful of business rulings that packed a punch.

Expert Analysis

  • How Discovery Has Changed Under New Federal Rules

    Brandee Kowalzyk

    In December 2015, an amendment to Rule 26 of the Federal Rules of Civil Procedure was implemented with the intent of putting reasonable limits on civil discovery. The many subsequent cases that have applied the amended rules provide guideposts for litigants and practitioners, say Brandee Kowalzyk and Christopher Polston of Nelson Mullins LLP.

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • High Court Citizenship-Stripping Ruling Has Unintended Effect

    Leon Fresco

    Sensibly enough, in Maslenjak v. United States, the U.S. Supreme Court unanimously decided that a naturalized American cannot be stripped of her citizenship in a criminal proceeding based on an immaterial false statement. But instead of simply stopping at that result, it invented a new standard of “materiality” that is likely to create havoc in future denaturalization cases, says Leon Fresco of Holland & Knight LLP.

  • Key Privacy Developments In Trump's First 150 Days

    Jaipat S. Jain

    Recent significant shifts in privacy policy include an executive order withdrawing Privacy Act protections for non-U.S. individuals, and the rollback of the Federal Communications Commission's broadband privacy rules, says Jaipat S. Jain of Lazare Potter & Giacovas LLP.

  • Employer Steps For Avoiding Business Travel Mishaps

    Elizabeth Espín Stern

    Steps taken by the Trump administration to tighten U.S. border security have signaled a new era in global mobility, both in the United States and throughout the world, in which cross-border travelers should expect more advanced investigation techniques by immigration officers as well as increased scrutiny and examination for even seemingly routine international travel, say attorneys at Mayer Brown LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.