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Immigration

  • July 10, 2018

    Travel Ban Ruling Doesn't Apply To DACA, 9th Circ. Told

    The Ninth Circuit shouldn’t view the U.S. Supreme Court's decision to side with the Trump administration in the travel ban case as a cue for greenlighting the executive branch’s rescission of the Deferred Action for Childhood Arrivals program, attorneys representing the University of California, a California county and several immigrants told the court Monday.

  • July 10, 2018

    USCIS Closes Vt. EB-5 Investor Center Over Ski Resort Fraud

    Vermont said Tuesday it has received a termination notice from U.S. Citizenship and Immigration Services, saying it is shutting down the Vermont Regional Center for immigrant investors after an alleged scheme to defraud EB-5 visa holders who invested millions of dollars in the state’s Jay Peak ski resort.

  • July 10, 2018

    ICE, CBP Hit With Suit Over Immigrant Arrest Records

    The American Immigration Council asked a D.C. federal court Monday to force U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to hand over their immigration enforcement records, claiming the agencies illegally failed to respond to the nonprofit’s Freedom of Information Act request.

  • July 9, 2018

    How Kavanaugh’s Conservative Cred, DC Ties Won The Day

    In D.C. Circuit Judge Brett Kavanaugh, President Donald Trump turned to a U.S. Supreme Court nominee who built a reputation on the court for fighting government overreach — making him the favorite of the Republican legal establishment.

  • July 9, 2018

    Judge Gee Slams Gov't Bid For Immigrant Kid Detentions

    The federal government got a scolding Monday from U.S. District Judge Dolly M. Gee as she refused to modify the so-called Flores agreement’s protections for immigrant children in an order that called the bid a “cynical attempt to shift responsibility” for immigration law from Congress to courts.

  • July 9, 2018

    Senate Battle Lines Drawn With Kavanaugh As Trump's Pick

    President Donald Trump’s announcement of D.C. Circuit Judge Brett Kavanaugh to replace retiring Supreme Court Justice Anthony Kennedy on Monday night quickly generated strong reactions across Capitol Hill as senators on both sides of the partisan divide braced for a battle over the future of the Supreme Court.

  • July 9, 2018

    Texas Asks DC Circ. To Nix Block On Detainee Abortion Rules

    Texas and nine other states urged the D.C. Circuit on Friday to reverse a District of Columbia federal court’s ruling that temporarily paused a federal agency’s policy of barring the facilitation of abortions for unauthorized detained minors, saying the U.S. Constitution does not cover the teens.

  • July 9, 2018

    5 Kavanaugh Opinions You Need To Read Right Now

    President Donald Trump called Judge Brett Kavanaugh a "judge's judge" when he named him Monday as his pick to succeed retiring U.S. Supreme Court Justice Anthony Kennedy. As all eyes turn to the Senate for what is expected to be a bruising confirmation process, here are the opinions to know.

  • July 9, 2018

    Calif. Starts Mass Immigration Hearings To Cut Caseloads

    California federal courts on Monday began a new policy of holding large group hearings for immigrants facing misdemeanor charges of illegal re-entry into the United States, in an effort to streamline the proceedings and cut down on caseloads that have ballooned under the Trump administration's "zero-tolerance" immigration policy.

  • July 9, 2018

    Trump Picks Brett Kavanaugh For Supreme Court

    President Donald Trump on Monday nominated Judge Brett Kavanaugh, a 12-year veteran of the D.C. Circuit, to replace Justice Anthony Kennedy on the U.S. Supreme Court.

  • July 9, 2018

    Iranian-American Sues Gov't Over 'Confusing' Visa Delays

    An Iranian-American woman is suing the U.S. government in Massachusetts federal court on claims it has unreasonably delayed her brother-in-law's visa application for over a decade, and arguing that her family has suffered as a result of the Trump administration's "confusing" immigration policies.

  • July 9, 2018

    US To Miss Deadline To Reunite Young Migrants With Families

    The U.S. Department of Justice told a California federal court Monday that it will have reunited only about half of the immigrant children under age five with their families by Tuesday after they were separated from their parents at the U.S. border, missing a court-ordered deadline.

  • July 9, 2018

    BIA Abused Discretion In Denying Asylum Case: 10th Circ.

    The Tenth Circuit told an immigration court on Friday to rehear arguments from a Bangladeshi citizen that he faced religious persecution back home, finding that the Board of Immigration Appeals had abused its discretion when it denied the unnamed petitioner's motion to reopen his case. 

  • July 6, 2018

    DACA To TPS: Biggest Immigration Cases To Watch

    Challenges to the Trump administration's immigration policies — including its attempts to separate noncitizen families at the border, end certain programs offering deportation relief and undermine so-called sanctuary policies — have swept federal court dockets in recent months with no sign of slowing down. Here, Law360 looks ahead at the biggest ongoing immigration cases.

  • July 6, 2018

    What You Need To Know For The Supreme Court Nomination

    President Donald Trump is expected Monday night to name his choice to replace Justice Anthony Kennedy. The nomination will give the president his second chance to name a justice to the high court in less than two years, setting up a high-stakes political battle likely to consume the legal world and the nation in the months to come.

  • July 6, 2018

    New USCIS Policy Will Increase Deportation Cases

    Immigrants left undocumented after their visa applications are rejected could face removal proceedings immediately upon the denial, under a set of updated guidelines published by the U.S. Citizenship and Immigration Services on Thursday evening.

  • July 6, 2018

    DOJ Can't Use DNA Tests To Delay Reuniting Migrant Families

    A California federal judge on Friday kept intact the deadlines for the Trump administration to reunite families who have been separated at the U.S.-Mexico border, despite the government’s protests that more time was needed to confirm parentage through DNA testing.

  • July 6, 2018

    Advocates Want Texas Suit Challenging DACA Tossed

    An immigration advocacy group on Thursday urged a Texas federal court to toss a lawsuit by Texas and seven other states challenging the legality of the federal Deferred Action for Childhood Arrivals program because the states and the federal government agree DACA should be nixed.

  • July 6, 2018

    EB-5 Fraud Dispute Flares Up After $1.1M Settlement

    Conflict has reignited between a group of California-based companies and a Chinese investor who accused them of running an EB-5 visa scam, with the alleged fraudsters saying the investor flouted a nondisparagement clause in the parties’ $1.1 million settlement and urging a federal judge not to enforce the deal.

  • July 6, 2018

    3rd Circ. Says Sex Offender Can't Sponsor Immigrant Wife

    The Third Circuit has declined to revive a case brought by a convicted sex offender challenging an immigration law that prevented him from sponsoring his wife for permanent resident status, ruling the law did not violate his right to marriage and the court did not have the authority to override U.S. Department of Homeland Security guidelines around waiving the rule.

Expert Analysis

  • A Win For Immigrants And Cloud Over Chevron At High Court

    Rachel Rosenbloom

    The U.S. Supreme Court’s recent decision in Pereira v. Sessions hands a victory to immigrants at a time when the executive branch is aggressively seeking to dismantle existing protections within immigration law. It also includes intriguing hints about the court’s waning affection for Chevron deference, says professor Rachel Rosenbloom of Northeastern University.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • High Court Addresses Reality Of Modern Criminal Sentencing

    Taylor Crabtree

    On Monday, the U.S. Supreme Court issued its opinion in Rosales-Mireles v. United States. Read together with the court’s 2016 decision in Molina-Martinez v. United States, this opinion establishes a presumption that a defendant is entitled to resentencing whenever a district court makes a clear error in calculating a defendant’s U.S. Sentencing Guidelines range, says Taylor Crabtree of Ellis & Winters LLP.

  • Opinion

    We Must Stop Separation Of Kids From Parents At US Border

    Tovah Kopan

    Each day, Americans learn more details about the horrors of the new federal policy of separating and detaining migrant children away from their parents. As mothers and attorneys, we have a particular revulsion to this policy and we will not let this unconscionable practice stand on our watch, say Tovah Kopan and Erin Albanese of Lawyer Moms of America.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Congressional Forecast: June

    Layth Elhassani

    In advance of their weeklong July 4 recess, members of Congress are pursuing a busy legislative schedule, focused on the fiscal year 2019 National Defense Authorization Act and other appropriations bills, reform of export controls, immigration and border security, and the farm bill authorization, says Layth Elhassani of Covington & Burling LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.