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Immigration

  • October 12, 2018

    Developer Tied To Kushner Accused Of $99M EB-5 Scheme

    Dozens of Chinese investors seeking entry to the U.S. on EB-5 investor visas sued a real estate developer connected to White House adviser Jared Kushner in Florida state court Thursday, alleging the developer defrauded them of $99.5 million in a self-dealing scheme.

  • October 12, 2018

    BALCA Backs H-2B Visa Denial For Disaster Management Co.

    The Board of Alien Labor Certification Appeals on Thursday affirmed the denial of H-2B labor certification for a natural disaster management company seeking to hire 25 laborers in Utah, finding the employer failed to establish a temporary need for the workers.

  • October 12, 2018

    USCIS Overstepping Authority With H-1B Regs, IT Group Says

    U.S. Citizenship and Immigration Services is violating various federal regulations by requiring that employers seeking to use H-1B visas list upfront where and when employees will work during the time the worker will use the visa, an information technology trade organization said in District of Columbia federal court on Thursday.

  • October 11, 2018

    Appointing Special Counsel In Arpaio Appeal Splits 9th Circ.

    A split Ninth Circuit refused on Wednesday to revisit its decision to send a special prosecutor to argue against former Arizona Sheriff Joe Arpaio's bid to vacate a criminal contempt of court conviction he received for his immigration detention practices, with five circuit judges arguing that it is an “unprecedented — and unauthorized — intrusion of executive power.”

  • October 11, 2018

    Travel Ban Waiver Process Unclear, Random, Attys Say

    Nearly six months after U.S. Supreme Court Justice Stephen Breyer suggested the Trump administration’s creation of a waiver program to offer relief from the latest travel ban was mere “window dressing,” attorneys confirmed that waiver approvals remain rare and seemingly random.

  • October 11, 2018

    Feds Defend Sessions' Higher Asylum Standard At DC Court

    The federal government defended U.S. Attorney General Jeff Sessions’ move to restrict the ability of domestic abuse survivors to be granted asylum, arguing in a Wednesday filing in D.C. federal court that the Trump administration’s policy memo is just an interpretation of existing asylum law, not an official policy change, shielding it from judicial review.

  • October 11, 2018

    BALCA Rejects Holiday Lighting Co.’s Bid For 100 H-2B Visas

    A Utah-based lighting company failed to establish that it temporarily needs to hire 100 workers using H-2B nonimmigrant visas to fill a surge in labor demand during the upcoming holiday season, the Board of Alien Labor Certification Appeals determined on Wednesday.

  • October 11, 2018

    Ill. AG Shutters Staffing Agency To End Discrimination Suit

    A Chicago employment agency will close its doors for the next decade as part of a Wednesday agreement with the state of Illinois, resolving a lawsuit in Illinois federal court accusing the agency of discriminating against Latino immigrants.

  • October 10, 2018

    Settlement In Family Separations Case Tentatively Approved

    A California federal judge on Tuesday approved a preliminary settlement between the Trump administration and immigrants in three companion cases challenging family separations in detention, finding that the proposal appeared fair at the current stage of the litigation.

  • October 10, 2018

    Feds Want 9th Circ. To Reverse Pause Of DACA Notice Ruling

    The Trump administration on Tuesday urged the Ninth Circuit to reverse a California federal court’s order that temporarily barred the federal government from removing from the Deferred Action for Childhood Arrivals program any class member in the case without first giving them notice and a chance to respond.

  • October 10, 2018

    High Court Weighs Bond Hearings For Detained Immigrants

    The U.S. Supreme Court on Wednesday heard arguments in a case concerning whether some immigrants have a right to a bond hearing if they were not immediately detained following their release from criminal custody, with government counsel facing a tough line of questioning over the limits of immigration agencies’ authority.

  • October 10, 2018

    Ginsburg Pauses Deposition On Census Citizenship Question

    Justice Ruth Bader Ginsburg has left open the possibility that the U.S. Supreme Court will examine whether U.S. Commerce Secretary Wilbur Ross will be questioned over adding a citizenship question to the 2020 census, granting the federal government's bid to pause the scheduled deposition.

  • October 10, 2018

    Ending Haitians' Protected Status Not Arbitrary, Feds Say

    A New York federal court should toss a case challenging the Trump administration’s decision to end temporary protected status for Haitians because the move was not capricious or arbitrary, the U.S. government argued Tuesday.

  • October 9, 2018

    ICE Attys Discouraged From Closing Cases, Memo Reveals

    U.S. Immigration and Customs Enforcement attorneys have been urged to exclude no one from immigration enforcement, challenge grants of immigration benefits, and narrow the circumstances in which they choose not to prosecute, according to an internal memo made public Sunday.

  • October 9, 2018

    Judge Didn't Clarify Evidence Needed for Asylum: 3rd Circ.

    The Third Circuit on Tuesday determined that an immigration judge erred by rejecting a Salvadoran native’s asylum bid, as the judge did not give the woman adequate notice of what was needed to back up claims that she was a victim of domestic violence.

  • October 9, 2018

    High Court Won't Hear Mexican Citizen's Misprision Case

    The U.S. Supreme Court on Tuesday declined to hear arguments from a Mexican citizen that his conviction for concealing or knowingly failing to report a felony should not render him deportable, leaving in place a Fifth Circuit decision that the misprision conviction did expose the man to deportation.

  • October 9, 2018

    5th Circ. Revives Visually Impaired USCIS Worker's Bias Suit

    The Fifth Circuit has breathed new life into a visually impaired U.S. Citizenship and Immigration Services employee’s suit alleging her supervisors illegally refused her request to provide material for on-site meetings in a format she could read.

  • October 9, 2018

    Asylum Holders Sue USCIS Over 3-Year Green Card Delay

    A Syrian family of three with asylum status sued U.S. Citizenship and Immigration Services in Illinois federal court on Monday, asking the court to force the agency to process their green card applications after a more than three-year delay.

  • October 9, 2018

    DOJ, Poultry Co. Settle Suit Over Work Authorization Docs

    The U.S. Department of Justice has settled a long-running lawsuit against a Georgia-based poultry processing plant that allegedly discriminated against non-U.S. citizens by requiring them to present unnecessary documents, the department announced Tuesday.

  • October 9, 2018

    Ill. Atty Accused Of Defaming EB-5 Fund To Chinese Investors

    The U.S. Immigration Fund LLC has sued an Illinois attorney, his business partner and a Hong Kong consulting firm for fraud and defamation in New York state court, alleging they defrauded the EB-5 center out of millions by making false statements about the center to Chinese investors seeking EB-5 visas and inducing them to withdraw their capital from the fund.

Expert Analysis

  • 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.

  • Considering Workers' Comp For Unauthorized Immigrants

    David Johnson

    Tennessee’s workers’ compensation statute allows injured workers to recoup benefits regardless of whether they are lawfully employed. However, based on a Tennessee federal court's recent decision in Torres v. Precision Industries, for unauthorized workers this rule is now seriously in question, say David Johnson and Todd Photopulos of Butler Snow LLP.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.