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Immigration

  • August 13, 2018

    9th Circ. Says Witness Tampering Isn't 'Moral Turpitude'

    The Ninth Circuit held Friday that a state witness-tampering conviction should not preclude a Mexican immigrant from halting his deportation, finding that the crime does not constitute "moral turpitude" under the Immigration and Nationality Act.

  • August 10, 2018

    How The Legal Industry Lets Down Lawyers With Disabilities

    The dissolution of a five-year-old bar group marks the latest setback for disabled attorneys, who often find little support while navigating an inhospitable industry. This is the first article in a special report on disability inclusion in the legal industry.

  • August 10, 2018

    Gaining Access: Disabled Lawyers Share Their Stories

    In a series of interviews, lawyers tell Law360 how even well-intentioned professors can create barriers, how inclusivity can help a firm’s litigation prowess, and how “inspirational” can be a dirty word. This article is part of our special report on disability inclusion in the legal industry.

  • August 10, 2018

    USCIS Amends Unlawful Presence Policy For Students

    U.S. Citizenship and Immigration Services on Thursday rolled back proposed changes in how it calculates unlawful presence for foreign visitors in the U.S. on student visas who fail to maintain their status, carving an exception for those who file for reinstatement in a timely fashion.

  • August 10, 2018

    2 RI Cities Sue DOJ Over Safety Grant Conditions

    Two Rhode Island cities have sued the U.S. Department of Justice in federal court over immigration-related conditions it has placed on a federal public safety grant, claiming the conditions illegally force local police to carry out federal immigration policies.

  • August 10, 2018

    Workers Fight To Keep Visa Fraud Suit Against Tesla

    A pair of workers on Friday defended their False Claims Act and Racketeer Influenced and Corrupt Organizations Act suit alleging that Tesla Inc., its contractor Eisenmann Corp., and others knowingly participated in a visa fraud scheme to illegally import low-cost foreign labor for Tesla’s manufacturing plant and other automakers’ job sites.

  • August 10, 2018

    DOL Clamps Down On 'Inhumane' Housing Of Farm Workers

    A Florida-based produce company has agreed to provide its migrant farm workers with safe living conditions and unpaid back wages, after the U.S. Department of Labor found the company withheld wages and packed its Missouri workers into “inhumane” living environments, including housing them in a former jail.

  • August 10, 2018

    BIA Must Weigh Health Needs In Asylum Case, 8th Circ. Says

    The Eighth Circuit has sent back to the Board of Immigration Appeals an asylum bid from a Guatemalan mother and her three daughters, saying the board abused its discretion when it failed to address the mother’s inability to get medical attention in the U.S. as a reason to miss her asylum hearing.

  • August 10, 2018

    Refugee Intake Down, Trump Told In Letter Urging Higher Cap

    Dozens of elected leaders from 42 states have signed an "open letter" urging President Donald Trump to increase the annual cap on refugee admissions into the United States, noting that the government has not even admitted half of the refugees it allowed for during the current fiscal year.

  • August 9, 2018

    Immigrants Ordered Returned; Sessions Warned Of Contempt

    A District of Columbia federal judge on Thursday ordered that a mother and daughter placed on a plane by the federal government be immediately returned to the United States, warning U.S. Attorney General Jeff Sessions and several top immigration officials that they would otherwise need to appear in court on potential contempt of court charges.

  • August 9, 2018

    ICE Raids Neb., Minn. Businesses Over Alleged Tax Fraud

    U.S. Immigration and Customs Enforcement announced that it had executed criminal arrest warrants for 17 employers at agricultural businesses in Nebraska and Minnesota on Wednesday in connection with an alleged tax fraud scheme involving immigrant laborers.

  • August 9, 2018

    Proxy Marriage, Stepson Can Keep Immigrant In US: 3rd Circ.

    An undocumented Ecuadorean immigrant can claim his American-born stepchild as a reason to stay in the U.S. even though he was officially married to the boy’s mother in a proxy ceremony when the bride and groom were in separate countries, the Third Circuit ruled Wednesday.

  • August 9, 2018

    NY Says Family Court Acts As Juvenile Court For Immigrants

    New York has urged a Manhattan federal court in a putative class action to reject the Trump administration's determination that the state Family Court does not qualify as a juvenile court under a federal program that creates a pathway to green cards for some young immigrants.

  • August 9, 2018

    Airline Can't Probe Immigration Status In IP Row, Court Told

    The vice president of an airline marketing company urged an Illinois federal court to quash a subpoena into his immigration records that was issued by a Canadian budget airline in a contract and intellectual property dispute between the two companies.

  • August 8, 2018

    GAO Says DHS Units Need To Improve On Major Acquisitions

    Despite investing billions of dollars each year in major acquisition programs, no U.S. Department of Homeland Security component agency has fully complied with best practices for setting out operational requirements for those programs, the U.S. Government Accountability Office said in a report Wednesday.

  • August 8, 2018

    Kavanaugh’s Prosecutorial Discretion View A Moving Target

    Between 2013 and 2015, D.C. Circuit Judge Brett Kavanaugh appears to have shifted his views on a president's discretion to enforce certain laws, a change of heart that one prominent immigration attorney linked to former President Barack Obama's executive actions but that Judge Kavanaugh's supporters maintained has nothing to do with partisanship.

  • August 8, 2018

    Calif. AG Files FOIA Request Over Family Separations

    California Attorney General Xavier Becerra filed a Freedom of Information Act request with several federal agencies Wednesday, seeking more information on the Trump administration's policy of separating children from their families at the border.

  • August 8, 2018

    What To Know About Trump's Pick For ICE Director

    Ronald Vitiello, President Donald Trump’s nominee to head U.S. Immigration and Customs Enforcement, is poised to take the helm at a moment of political upheaval over what role the agency should serve in federal law enforcement. Here's what you need to know about him.

  • August 8, 2018

    Judge Wants More Briefing On Texas' Bid To End DACA

    A federal judge in Houston on Wednesday declined to rule on a request from the state of Texas and nine other states to halt the federal Deferred Action for Childhood Arrivals program, instead asking the parties for more briefing on one specific issue, to be filed by the end of the day Monday.

  • August 8, 2018

    Protective Order Violator Ineligible For Relief, BIA Finds

    A Mexican man is ineligible for cancellation of removal under federal immigration regulations because he once violated a protective order entered in an Oregon state court, the Board of Immigration Appeals determined Tuesday in a case sent to it by the Ninth Circuit.

Expert Analysis

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Clarifying 'Moral Turpitude' In The Immigration Context

    Scott Wilkinson

    In Rocio Aurora Martinez de Ryan v. Sessions, a case out of Nevada involving fraudulent documents, the Ninth Circuit recently waded back into the arena of defining what constitutes a crime of "moral turpitude" — which can render one inadmissible to the United States. Based on its opinion, the court appears to be willing to adopt an “I know it when I see it” standard, says Scott Wilkinson of Erickson Immigration Group.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • Opinion

    Kavanaugh Is The Wrong Choice To Check Autocratic Power

    David Driesen

    In light of the U.S. Supreme Court's ruling on the Trump administration's travel ban, the appointment of Brett Kavanaugh to the high court could further jeopardize our democracy. Kavanaugh’s deference to executive authority may embolden a president inclined to use national security rationales to restrict freedom, says David Driesen, a professor at Syracuse University College of Law.

  • Opinion

    Time To Abolish The Word 'Alien' From Our Lawbooks

    Leon Fresco

    The U.S. Department of Justice recently instructed its public information officers to use the term “illegal alien” when describing individuals in the U.S. without lawful immigration status. The term alien has been codified in American law since as early as 1798, but like many words and institutions from that era, it is now long past time to retire it from our federal statutes, says Leon Fresco of Holland & Knight LLP.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • USCIS Memo Could Change Employment-Based Immigration

    David Serwer

    Buried in the middle of U.S. Citizenship and Immigration Services' recent 11-page memorandum is a single sentence that would put a whole new population of people in removal proceedings as the result of the denial of certain extension requests, say David Serwer and Matthew Gorman of Baker & McKenzie LLP.