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Immigration

  • August 6, 2018

    Man Nabbed At Green Card Interview Ordered Released

    A New Jersey federal judge Friday ordered the release of a Salvadoran man whom immigration officers had detained when he attended a green card interview, determining that they violated the Constitution by trying to deport him before he could complete the process.

  • August 3, 2018

    Judge Maintains DACA Must Be Restored, Despite DHS Memo

    A D.C. federal judge doubled down on his finding that the U.S. Department of Homeland Security failed to rationalize its decision to roll back the Deferred Action for Childhood Arrivals program, saying Friday the agency's "hodgepodge of illogical" assertions, outlined in a June memo, "simply will not do."

  • August 3, 2018

    EB-5 Investors Bilked Of $21M In Fla. Hotel Scam, SEC Says

    Two people and their related business entities misappropriated approximately $21 million from foreign investors who sought to obtain green cards through the EB-5 visa program, using cash meant for a hotel project on personal expenses such as payments toward a mansion and a yacht, the U.S. Securities and Exchange Commission alleged in Florida federal court Friday.

  • August 3, 2018

    Calif. Judge Slams Gov't Over 'Orphaned' Migrant Children

    A California federal judge slammed the Trump administration during a hearing Friday for not being able to locate immigrant parents it deported without their children, crushing their hopes of reunification, according to the American Civil Liberties Union.

  • August 3, 2018

    Judge Slams Man's Detention During Green Card Interview

    A New York federal judge on Thursday outlined the reasoning behind her June order to grant a Chinese national’s bids to be temporarily released from detention and for a removal order against him to be paused, saying he is likely to succeed in arguing that the Trump administration violated federal law by detaining him when he attended a green card interview.

  • August 3, 2018

    White House Urges 9th Circ. To Let DACA Rollback Proceed

    The Trump administration wrote a letter to the Ninth Circuit on Friday urging it to vacate a nationwide injunction that has kept alive the Deferred Action for Childhood Arrivals program in light of its ruling earlier this week in another case over federal grants for sanctuary cities.

  • August 3, 2018

    Trump Admin. Wants Suit Over Terrorism Report Dropped

    A California federal court should toss a complaint that calls for recalling a recent federal report that allegedly overstates connections between terrorism and practitioners of Islam, as the advocacy group calling for its ouster lacks standing in the matter, the Trump administration said.

  • August 2, 2018

    11th Circ. Says Citrus Grower Isn't Joint Employer

    A Florida fruit grower is not a joint employer under immigration law with a contractor that allegedly extorted the pickers it supplied, an Eleventh Circuit panel ruled Thursday, saying the trial court misunderstood the relevant definition of the word "employer" and wiping out a nearly $200,000 class judgment.

  • August 2, 2018

    Immigrant Pizza Delivery Man Can Pursue Deportation Relief

    A New York federal judge Wednesday condemned President Donald Trump’s “zero tolerance policy” as he ruled that an unauthorized Ecuadorian immigrant who had been detained while delivering a pizza to an Army base was free to pursue relief from deportation.

  • August 2, 2018

    Trump Administration Sued Over Immigrants In Federal Prison

    The American Civil Liberties Union and other advocates filed suit Wednesday in California federal court on behalf of detainees at a federal correctional center seeking immigration benefits, accusing the facility of depriving the men of edible food, health care and the ability to freely practice their religions.

  • August 2, 2018

    NYC Calls DOJ's Sanctuary City Fund Ban Unconstitutional

    An attorney for New York City on Thursday ripped the U.S. Department of Justice’s efforts to cut off law enforcement funding to so-called sanctuary jurisdictions that don't cooperate with certain directives from federal officials seeking to deport jailed immigrants, calling it unconstitutional.

  • August 2, 2018

    Retired Immigration Judges Slam High-Profile Case's Transfer

    A Guatemalan immigrant in a high-profile case that U.S. Attorney General Jeff Sessions referred to himself for review earlier this year has been ordered removed from the U.S., days after the case was taken off an immigration judge's docket, according to several retired immigration judges, who consider the case's transfer an "attack on judicial independence."

  • August 1, 2018

    DOJ Appeals New Injunction In Chicago Sanctuary City Case

    The Trump administration will appeal the entry of a permanent nationwide injunction against new conditions it put on a public safety grant that so-called sanctuary cities have criticized as an attempt to force them to comply with federal immigration policy, according to a notice filed Wednesday.

  • August 1, 2018

    9th Circ. Upholds Calif. Counties' Sanctuary City Win

    President Donald Trump's executive order cutting off certain federal public safety grants to so-called sanctuary cities oversteps Congress' appropriations powers under the Constitution, the Ninth Circuit ruled on Wednesday in a case brought by two California counties.

  • August 1, 2018

    Trader's False Reports May Not Be Deportable Crime: 3rd Circ.

    The Third Circuit ruled Wednesday that a false reporting conviction under the Commodity Exchange Act is not necessarily a crime warranting deportation in the case of a green card holder who purchased oil futures contracts on behalf of his financial services firm without authorization.

  • August 1, 2018

    Koch Foods Pays $3.75M To Settle EEOC Discrimination Row

    Koch Foods of Mississippi LLC has agreed to pay $3.75 million to settle two discrimination suits brought by 11 employees and the U.S. Equal Employment Opportunity Commission, ending an eight-year legal battle over claims that the poultry processing company subjected its Hispanic plant workers to harassment and abuse.

  • August 1, 2018

    Fewer 'Credible Fear' Rulings By Immigration Judges: Report

    Immigration judges in 2018 are increasingly denying petitions by foreign-born individuals who claim they credibly fear persecution should they be sent back to their home countries, according to data released this week by a Syracuse University research center.

  • July 31, 2018

    DOJ, DOL To Target Employers Abusing Foreign Worker Visas

    The U.S. Department of Justice and the U.S. Department of Labor have joined forces in an effort to crack down on U.S. employers that prefer to hire temporary visa workers over qualified U.S. workers.

  • July 31, 2018

    Ariz. County Can’t Duck Racial Profiling Order At 9th Circ.

    A Ninth Circuit panel refused Tuesday to upend a follow-on decision tweaking conditions imposed on Arizona’s Maricopa County after then-Sheriff Joe Arpaio flouted the original order protecting Latinos from discriminatory practices, including racial profiling, ruling that the district court judge was well within his authority.

  • July 31, 2018

    Permanent Ban Moots Sanctuary City Appeal, 7th Circ. Told

    The city of Chicago on Monday asked the Seventh Circuit to dismiss the appeal filed by the Trump administration over a preliminary injunction Chicago won in a lawsuit challenging new immigration-centered conditions on a federal grant, saying the entry of a permanent injunction removes the court's jurisdiction.

Expert Analysis

  • Suddenly, ALJs Become Political Appointees

    Brian Casey

    Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.

  • Congressional Forecast: July

    Layth Elhassani

    While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • Are B-1 Business Visitors Trump's Next Target?

    Jeff Gorsky

    Most of the recent attention on the Trump administration’s plans to restrict or reform temporary work visas has focused on H-1B visas for professionals. However, travel on business visitor B-1 status could be another potential target, says Jeff Gorsky of Berry Appleman & Leiden LLP.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Destination Ireland — Issues To Consider Before Relocating

    John Gill

    Over the past 18 months, companies have discussed the opportunities that exist for moving part of their global operations to Ireland in the context of Brexit. Inevitably as part of these discussions, the ability to relocate key employees comes into focus. John Gill of Matheson examines some of the key issues people and corporations need to consider when relocating to Ireland, including right to reside, tax and practical relocation issues.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.