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Immigration

  • October 1, 2018

    Immigrant Detainees Lose Suit Over Bond Hearing Denials

    A North Carolina federal judge on Monday tossed a proposed class action by two immigrant detainees alleging that immigration judges in Charlotte failed to properly hold bond hearings, finding that the judges had no blanket policy of denying hearings.

  • October 1, 2018

    Arrested Immigrant Teens Must Get Hearings, Says 9th Circ.

    The Ninth Circuit on Monday upheld a lower court’s order forcing the federal government to hold hearings for a class of undocumented minors arrested for alleged gang ties, finding that the government had infringed the teens’ due process rights by removing them from their sponsors and detaining them indefinitely without a hearing.

  • October 1, 2018

    'So Help Me God' OK In Naturalization Oath, Judge Rules

    A Massachusetts federal judge has upheld the constitutionality of the phrase “so help me God” in the U.S. naturalization oath, striking down a challenge from a prominent atheist attorney who on Monday called the ruling the latest in a line of “shameful” judgments affirming government-sanctioned discrimination.

  • October 1, 2018

    Ex-Students With Pending H-1B Visa Bids Lose Right To Work

    Individuals present in the United States with expired F-1 student visas and work authorizations who also have active bids for H-1B skilled worker visas on Monday lost their authorization to be employed in the U.S., immigration officials announced.

  • October 1, 2018

    USCIS Head Defends Proposal Tying Visas To Public Benefits

    U.S. Citizenship and Immigration Services Director Francis Cissna said on Monday that his agency's proposal to weigh green card and visa applicants' use of certain public benefits as grounds for rejection is necessary to enforce long-standing laws on criteria for inadmissibility to the U.S.

  • September 28, 2018

    Supreme Court Cheat Sheet: 8 Cases To Watch

    With D.C. Circuit Judge Brett Kavanaugh’s fate as the ninth justice still hanging in the balance, the U.S. Supreme Court kicks off its new term Monday without a case of blockbuster proportions. But there are several bread-and-butter business issues filling out the docket.

  • September 28, 2018

    DHS Failed To Provide Hearing On I-9 Forms, Texas Co. Says

    The U.S. Department of Homeland Security had a statutory obligation to provide a Texas-based valve company with a hearing before an administrative law judge prior to issuing a final order that imposed a fine over alleged Form I-9 violations, the company contended Thursday in Texas federal court.

  • September 28, 2018

    SEC Settles With Calif. Atty For $2M In EB-5 Investor Scheme

    A California lawyer accused of cheating EB-5 immigrant investors out of millions has agreed to pay more than $2 million to settle claims that he illegally used the money to support his businesses and lifestyle, the U.S. Securities and Exchange Commission told a federal judge Thursday.

  • September 28, 2018

    17 States Urge 2nd Circ. To Uphold Ruling Preserving DACA

    Seventeen states have doubled down on their claim that the Trump administration's decision to rescind the Deferred Action for Childhood Arrivals program ran afoul of the Constitution's equal protection clause, arguing before the Second Circuit that they had sufficiently supported their assertion that President Donald Trump's animus toward Latinos was a motivating factor.

  • September 28, 2018

    EB-5 Investors Press Fraud Claims Over Bankrupt Fla. Hotel

    A group of Chinese nationals Friday urged a Florida bankruptcy judge to allow claims they were fraudulently induced to invest through the EB-5 immigrant visa program in a now-bankrupt South Florida hotel project to move forward.

  • September 28, 2018

    Calif. Can't Enforce Sanctuary Law Against City, Judge Says

    A California superior court on Thursday barred the state from enforcing a recently enacted law that limits local law enforcement’s cooperation with federal immigration authorities as it pertains to charter cities, ruling in favor of Huntington Beach in its suit challenging the law as unconstitutional.

  • September 28, 2018

    USCIS Proposes To Reduce Fee Waiver Requirements

    U.S. Citizenship and Immigration Services may soon allow immigrants to waive application fees based on their household incomes, rather than whether they are eligible under state income guidelines, according to a filing published Friday in the Federal Register.

  • September 27, 2018

    Shifting Cases Could Help Overburdened Asylum System

    A Migration Policy Institute report published Thursday suggests alleviating the burdens on the backlogged asylum system by shifting responsibilities among the immigration agencies and creating new pipelines for adjudicating certain kinds of asylum cases.

  • September 27, 2018

    Insurer Needn't Defend Au Pair Agency In Class Suit

    A Florida federal judge on Thursday ruled that Berkley Assurance Co. has no duty to defend or indemnify au pair placement agency Expert Group International Inc. in a class action suit accusing it of conspiring with other agencies to set low pay rates, saying coverage is unavailable because Expert Group was aware of the underlying suit before obtaining its policy.

  • September 27, 2018

    3rd Circ. Rules Some Immigrants Are Owed Bond Hearings

    The Third Circuit has determined that a Mexican man who was apprehended on drug charges and has a long-standing removal order was entitled to a bond hearing after nearly two years in detention, because federal statutes require the proceeding after a person has been held for a prolonged period.

  • September 27, 2018

    SEC Seeks $15.5M Win Against EB-5 Fraudsters

    The U.S. Securities and Exchange Commission urged a California federal court to order a doctor, his office manager and their affiliated businesses to disgorge more than $15.5 million, after the pair agreed not to contest the SEC’s allegations that they misappropriated funds through an EB-5 visa scam.

  • September 27, 2018

    DHS Urges 9th Circ. To Shield IDs Of Alleged Child Abusers

    The federal government has urged the Ninth Circuit to protect the identities of U.S. Department of Homeland Security agents accused of abusing immigrant children from being publicly released as part of a Freedom of Information Act request, arguing the border agents' privacy concerns outweigh the benefits of publicly releasing their names.

  • September 27, 2018

    Memo Targeting Green Card Applicants To Go Into Effect

    U.S. Citizenship and Immigration Services on Wednesday announced that it will implement a policy memo that could send green card applicants and individuals petitioning to adjust their immigration status to deportation proceedings starting next month.

  • September 27, 2018

    Ex-Catering Hall Owner Cops To Exploiting Filipino Workers

    The former owner of a Long Island, New York, catering hall pled guilty to a forced labor charge Wednesday for recruiting Filipino immigrants to the U.S. only to make them work at substandard wages and threatening to report them to immigration authorities if they complained, the U.S. Department of Justice said.

  • September 26, 2018

    Receiver Seeks OK Of $1.3M Settlement In EB-5 Fraud Case

    A receiver overseeing companies involved in allegedly defrauding Chinese investors hoping to participate in the EB-5 visa program has asked a Washington federal judge to approve a $1.3 million settlement with a real estate company that received illegally transferred investment funds.

Expert Analysis

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • Opinion

    A Case For Impeaching President Trump

    Barbara Radnofsky

    U.S. impeachment practice permits the strategic combination of claims in “omnibus” or “catch-all” articles. With that in mind — and considering precedent set by the Clinton impeachment and others — attorney Barbara Radnofsky offers her version of an omnibus article of impeachment against the current U.S. president.

  • Brexit: Bracing For A No-Deal Scenario

    Ross Denton

    Once considered the “cliff edge,” the possibility of the United Kingdom exiting from the European Union without agreeing on a trade deal has moved from unthinkable to increasingly likely. Both sides are ramping up preparations for a no-deal scenario, which would have significant implications for businesses in all sectors, say attorneys with Baker McKenzie LLP.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.