Immigration
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July 31, 2015
7 Tips For Helping Clients Nail Their Visa Interviews
Going through a visa interview can be a nerve-wracking process, especially if a foreign citizen knows that a company is counting on her to come to the U.S., or relatives are eagerly awaiting her arrival. Law360 offers seven tips to make sure your client feels prepared when she steps up to the consular officer’s window.
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July 31, 2015
Arson Deportation Row Hinges On Similar Case, Justices Told
A U.S. Supreme Court petition from an El Salvadorian immigrant facing deportation for arson should be put on hold until the high court decides a similar case over the impact of state-level attempted arson under the Immigration and Nationality Act, the government has said.
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July 31, 2015
Family Detention Order Could Impact Enforcement, DOJ Says
The U.S. Department of Justice asked a California judge Thursday to give it four more days to respond to her ruling against family detention, saying the court's recommendation that families be released from detention in 90 days could impact the U.S. Department of Homeland Security’s ability to enforce immigration laws.
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July 31, 2015
NYC Sanitation Workers Didn't Prove Prejudice: 2nd Circ.
The Second Circuit on Friday affirmed a lower court’s dismissal of a discrimination case brought by New York City Department of Sanitation workers against their employer, holding that the employees failed to show the agency favored promoting whites over minorities.
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July 31, 2015
DHS Wants Suit Over Investor Visa Denials Tossed
The U.S. Department of Homeland Security moved Thursday to throw out a lawsuit claiming it capriciously denied EB-5 investor visas to more than a dozen U.S. resident aliens, telling a D.C. federal judge there was no real risk the individuals could lose their investment funds.
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July 30, 2015
Atty Disbarred After Getting 27 Months For Visa Scheme
The D.C. Court of Appeals disbarred an immigration lawyer on Thursday who was recently sentenced to 27 months in federal prison after spending years directing clients to obtain forged diplomas to get visas set aside for advanced-degree holders.
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July 30, 2015
Groups Tell DHS To End Family Detention Amid 'Horror Stories'
The American Immigration Lawyers Association and other groups lodged a formal complaint Thursday with the Department of Homeland Security’s Office for Civil Rights and Civil Liberties and the Office of Inspector General, saying 10 mothers and their children received substandard medical care and suffered severely while detained by DHS.
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July 30, 2015
9th Circ. Allows Quick Appeal Of Class Cert. In H-2A Row
The Ninth Circuit said Thursday that a Washington farm will be immediately allowed to challenge class certification granted to migrant workers who claim they were purposefully not told that higher-paying H-2A visa jobs were available.
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July 30, 2015
Bill Would Boost Immigrant Investors, Startup Founders
Two Democratic representatives introduced a jam-packed bill Wednesday that would create new ways for startup founders to get green cards and would permanently authorize the regional center program for EB-5 immigrant investors.
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July 30, 2015
170 Groups Tell DOJ To Stop Prosecuting Illegal Entry
More than 170 civil rights, human rights and faith-based groups urged the U.S. Department of Justice on Tuesday to stop criminally prosecuting immigrants who arrive at the U.S.-Mexico border seeking asylum, saying the prosecutions almost exclusively target Latinos and are “profoundly immoral.”
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July 30, 2015
Ethnicity Can't Be Used To Reduce Damages, NY Judge Says
An injured person’s ethnicity can’t be used to reduce damages, a New York federal judge ruled on Wednesday, stating that a $2 million lead poisoning verdict awarded to a Hispanic boy and his mother against their landlord can't be reduced because Hispanics are statistically less likely to go to college.
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July 29, 2015
Arpaio Conflicts Should Bar Atty In Bias Case, Court Told
Plaintiffs in a racial profiling class action against Arizona Sheriff Joe Arpaio asked a federal court Tuesday to block attorney Larry Klayman from representing a man hoping to intervene in the case, saying that Klayman would have a conflict with Arpaio, who he represents in other litigation.
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July 29, 2015
EEOC Sues Assisted Living Co. For Discriminatory Exams
A Colorado assisted living company is facing a suit by the U.S. Equal Employment Opportunity Commission claiming it illegally fired African-born care providers who failed a discriminatory written test, as well as a white employee who stood up against her boss’s anti-African bias.
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July 29, 2015
Deportee Asks Justices To Rehear Petition After June Ruling
A Mexican man looking to reopen his deportation hearing has urged the U.S. Supreme Court to rehear its denial of his petition, arguing that a decision the high court issued in June after he petitioned the justices invalidated the Fifth Circuit precedent on which his bid for a panel rehearing was denied.
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July 29, 2015
Ala. Chief Justice Is 'Unfit' For Office, Law Center Says
An Alabama Judicial Inquiry Commission filing Wednesday accused Supreme Court of Alabama Chief Justice Roy Moore of improperly commenting on pending cases involving same-sex marriage and suggesting that the U.S. Supreme Court’s Obergefell decision doesn't need to be followed.
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July 29, 2015
Workers Win $565K Attys' Fees In TruGreen Wage Deal
A New York federal judge on Wednesday awarded $565,000 in attorneys' fees to foreign workers who secured a $1.2 million settlement on claims that TruGreen Landcare LLC failed to pay minimum wage by not reimbursing visa and travel costs, ruling that the fee award was fair and reasonable.
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July 29, 2015
USCIS Taking Comments On RFE Template For L-1B Petitions
U.S. Citizenship and Immigration Services has issued a draft template on "requests for evidence" for L-1B petitions and is taking comments on the proposed form, following the release of updated guidance on the visa category earlier this year.
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July 29, 2015
Constangy Opens Minneapolis Office With Immigration Pro
Labor and employment boutique Constangy Brooks Smith & Prophete LLP said Tuesday that it has opened a new office in Minneapolis that will be headed by a leading corporate immigration attorney from Felhaber Larson Fenlon & Vogt PA as the firm continues on the path of expanding its footprint from coast to coast.
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July 29, 2015
DHS Proposes Changes To FOIA Process
The U.S. Department of Homeland Security published a draft rule Wednesday to amend some of its regulations under the Freedom of Information Act, a move it said would improve access to departmental records.
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July 28, 2015
Family Detention Ruling Should Prompt New Policies
Following a major court ruling against family detention, immigration experts said the Obama administration shouldn't spend time appealing the ruling and instead should turn to crafting policies to better address the detention of immigrant families.