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Immigration
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January 04, 2024
Ex-IT Workers Say Precedent Can't Save Spouse Work Permits
An organization of ex-information technology workers has urged the D.C. Circuit to disregard recent precedent in weighing the group's challenge to an Obama-era program allowing work permits for some spouses of highly skilled foreign workers, saying it conflicts with earlier precedent.
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January 04, 2024
Divorce Deal Didn't Erase Dad's Custody, Colo. Panel Finds
A Colorado appeals panel ruled Thursday that a father can seek his child's return to Mexico under the Hague Abduction Convention, reversing a lower court's finding that he lacked sufficient parental rights to invoke the international pact.
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January 04, 2024
Judge Won't Toss CBP Officers' Bid For Overtime Travel Pay
A U.S. Court of Federal Claims judge allowed specially trained U.S. Customs and Border Protection officers to continue seeking overtime pay for time spent traveling for work, saying the government failed to prove travel time was not compensable.
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January 03, 2024
Texas Overstepping With Immigrant Arrest Law, Feds Say
The Biden administration sued Texas Wednesday to block its controversial new law allowing it to arrest and deport migrants, telling a Texas federal judge the statute is a clear violation of the federal government's mandate to manage immigration.
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January 03, 2024
US Agent's Citizenship Marriage Scheme Conviction Tossed
A U.S. Foreign Service officer and her noncitizen ex-husband had their convictions for fraudulently obtaining his naturalization overturned by the Fourth Circuit, which ruled Wednesday that some of the lies they were charged with couldn't support their guilty verdicts.
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January 03, 2024
9th Circ. Finds Miranda Warning In Illegal Entry Case Adequate
The Ninth Circuit on Wednesday upheld the conviction of a Mexican man who illegally entered the United States, rejecting the man's argument that a border patrol agent confused him when informing him of his right to remain silent or to make his case for asylum during the post-arrest interview.
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January 03, 2024
White House Calls Push For Mayorkas Impeachment A 'Stunt'
House Homeland Security Committee Chairman Mark Green, R-Tenn. said Wednesday the committee will hold a hearing next week to start impeaching U.S. Department of Homeland Security Secretary Alejandro Mayorkas, a move the White House called "a political stunt."
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January 03, 2024
Disney Says Exec Who Wasn't Hired Angling For 'Windfall'
Disney urged a California federal judge to toss a lawsuit from an executive who contends her job offer was withdrawn after the company squabbled with the state of Florida over a law, saying the would-be corporate affairs chief isn't entitled to the hefty severance package she's seeking.
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January 02, 2024
Failure To Fight Torture Claim Dooms Revival, 7th Circ. Rules
An Indian man waived his Convention Against Torture claim by not challenging an immigration judge's finding that he faced torture from India's ruling political party if he returned, the Seventh Circuit ruled Tuesday, backing an appeals board's decision.
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January 02, 2024
Feds Appeal 5th Circ.'s Order In Texas Border Wire Dispute
The U.S. Department of Homeland Security asked the U.S. Supreme Court on Tuesday to vacate a Fifth Circuit order prohibiting border patrol agents from removing razor wire fencing installed by Texas along the Mexico border, arguing the appellate court's decision wrongly places state law above federal law.
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January 02, 2024
Trump-Era Suit Over Immigration Protections Declared Moot
A California federal judge has dismissed a long-running challenge by temporary protected status holders to Trump-era orders terminating the immigration protections for individuals from several countries, ruling that the suit is moot since the Biden administration reversed course in June.
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January 02, 2024
Iranian Visa Applicants Sue Feds Over 'Pseudo-Travel Ban'
A group of U.S. citizens and lawful permanent residents of Iranian descent, along with their family members who hope to immigrate to the U.S., sued Biden administration officials over a Trump-era policy they say amounts to a "pseudo-travel ban."
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January 02, 2024
Fragomen Names New Leaders In NJ, DC And Boston
Immigration firm Fragomen, Del Rey, Bernsen & Loewy LLP is starting off the new year by naming new managing partners for three of its busiest offices — Washington, D.C., Matawan, New Jersey, and Boston.
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January 02, 2024
Suit Claims Creditor Denied Home Loan Over DACA Status
A recipient of the Deferred Action for Childhood Arrivals program alleged that an Oregon-based credit union unlawfully denied him a home equity loan based on his immigration status, claiming the financial institution violated federal and state anti-discrimination statutes.
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January 01, 2024
5 Supreme Court Cases To Watch This Spring
"Blockbuster," "momentous" and "historic" are all words that have been used to describe the U.S. Supreme Court's current term as the justices prepare for a spring docket jam-packed with questions over the level of deference courts should give federal agencies, whether and how social media companies should be regulated and whether government efforts to combat misinformation crosses the line between persuasion and coercion.
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January 01, 2024
Hospitality Cases And Trends To Watch In 2024
People in the hospitality industry work to project the image that they enjoy nothing more than making customers happy and serving them tirelessly, but the reality can be a darker one — especially in courts of law and at regulatory agencies, where issues involving hotels, restaurants and other businesses reveal what goes on behind the scenes.
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January 01, 2024
Election Politics Likely To Drive Immigration Policy In 2024
Immigration policy in the new year will likely be driven by election politics, with attorneys bracing for further limits to asylum while simultaneously hoping President Joe Biden will keep flexing his executive authority to expand immigration avenues. Here, Law360 looks ahead to some of the immigration policy issues likely to dominate during a presidential election year.
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January 01, 2024
Top 4 Immigration Cases To Watch In 2024: A Preview
Federal courts could render decisions on key immigration policies in 2024, including the Biden administration’s migrant release policies, while a U.S. Supreme Court case completely unrelated to immigration could nonetheless have a major impact on immigration appeals. Here, Law360 examines four pending court cases that could make waves in 2024.
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January 01, 2024
Appellate Outlook: Circuit Splits & Hot Topics To Track In 2024
The 2024 appellate almanac is looking lively after eye-popping opinions and arguments in 2023's homestretch. As the new year begins, several circuit splits seem more serious, ideological imbalances are in the spotlight, and luminaries of the U.S. Supreme Court bar are locked in a burgeoning battle over alleged corporate complicity in terrorism.
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December 22, 2023
DeSantis Freed From Florida Migrant Transport Law Suit
Florida Gov. Ron DeSantis can't be sued over a state law criminalizing the transport of unauthorized immigrants, a federal court ruled, saying the bill's critics hadn't shown that the governor was personally responsible for enforcing the law.
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December 21, 2023
Immigration Courts Must Create New Dockets For Children
Immigration courts must create specialized juvenile dockets to help young children navigate the immigration system, according to a Thursday memo from the Executive Office for Immigration Review.
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December 21, 2023
NYC Calls For State Law Giving Migrants Right To Counsel
The New York City Council voted Thursday to formally call on the state's leaders to pass a law giving noncitizens the Sixth Amendment's right to counsel in immigration court, urging Albany to make New York the first state to do so.
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December 21, 2023
Feds Urge Texas Court To Soldier On With Buoy Barrier Suit
The Biden administration fired back Wednesday against Texas' attempt to dismiss its lawsuit challenging its floating barrier in the Rio Grande, telling a Texas federal judge the state has presented no valid grounds for dismissal.
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December 21, 2023
GEO Detainees Entitled to Minimum Wage, Wash. Justices Say
The Washington Supreme Court said Thursday that civil detainees confined to a privately run facility and working while behind bars are considered employees and entitled to the state minimum wage — a decision that will likely ripple across other cases on the same issue.
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December 21, 2023
Delisting Man From No-Fly List Can't Moot Case, Justices Told
The American Civil Liberties Union, the CATO Institute and others are backing a U.S. citizen's challenge to his placement on the no-fly list, warning the U.S. Supreme Court that the FBI needed to do more to successfully moot the case.
Expert Analysis
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Limiting The Scope Of Representation Is Critical For Lawyers
A Mississippi federal court's recent decision in Kee v. Howard L. Nations PC highlights the importance of well-written engagement letters, and shows why it is vital for attorneys to specify exactly which services they intend to supply, says Ronald Levine at Herrick Feinstein.
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Attys Shouldn't Assume Judicial Critique Is Protected Speech
As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.
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Series
Keys To A 9-0 High Court Win: Practicality Over Perfection
When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.
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What New Bar Exam Means For Law Students And Schools
Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.
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DOJ Deals Showcase Job Ad Bias Enforcement Trends
Over the past four months, the U.S. Department of Justice has settled 20 claims related to job ad discrimination toward non-U.S. citizens, highlighting a clear indication of the department’s investigatory focus and reminding employers of key compliance measures, say attorneys at Quarles & Brady.
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Apple's New Messaging Features Will Complicate E-Discovery
Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.
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Takeaways From State Department's EB-5 Visa Delays
Nataliya Rymer at Greenberg Traurig discusses possible reasons behind the U.S. Department of State's unexpected announcement regarding processing delays for certain EB-5 visas, as well as key considerations for those potentially affected by the delays.
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Law Firm Inclusion Efforts Often Overlook Business Staff
Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.
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An Associate's Guide To Rebounding After A Layoff
Law firm associates laid off due to economic conditions can recuperate and move forward by practicing self-care, identifying key skills to leverage during the job search, engaging in self-reflection and more, say Kate Sheikh at Major Lindsey and wellness consultant Jarrett Green.
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AML Regulation Of Lawyers Is Imminent And Controversial
The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.
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Key Adaptations For Law Firms Amid Quiet Quitting Movement
While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.
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Creating A Hybrid Work Policy? Be Intentional And Inclusive
The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.
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Perspectives
2 Legislative Reforms Would Address Many Immigration Woes
Congress should pass currently pending legislation to create an Article I immigration court and update the registry process — reforms that would shield immigration courts from political pressure, enable many longtime residents to cure their immigration status, and alleviate case backlogs, says retired immigration judge Dana Leigh Marks.
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A Law Firm's Guide To Humane Layoffs As Recession Looms
Amid warnings of a global recession, law firms should prepare for the possibility of associate layoffs, aiming for an empathetic approach and avoiding common mistakes that make the emotional impact on departing attorneys worse, say Jarrett Green, a wellness consultant, and Kate Reder Sheikh at Major Lindsey & Africa.
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Learning From Trump And Bannon Discovery Strategies
Court-imposed sanctions on both former President Donald Trump and his former aide Steve Bannon for failing to comply with subpoenas illustrate that efforts to bar the door to valid discovery can quickly escalate, so litigants faced with challenging discovery disputes should adopt a pragmatic approach, say Mathea Bulander and Monica McCarroll at Redgrave.