Immigration

  • July 5, 2017

    Senators Ask DHS To Pause Planned EB-5 Changes

    A group of Republican senators asked the U.S. Department of Homeland Security chief to pause planned Obama-era changes to the EB-5 immigrant investor program, saying that Congress should be allowed to weigh in on the agency’s rulemaking.

  • July 5, 2017

    HHS Must Provide Bond Hearings To Immigrant Kids: 9th Circ.

    If Congress had wanted to give the U.S. Department of Health and Human Services sole authority over what to do with detained, unaccompanied immigrant children and eliminate their right to bond hearings, it would have done so, an unforgiving Ninth Circuit panel said Wednesday in a published opinion.

  • July 5, 2017

    Miami-Dade County Sued Over Immigration Detention Policy

    A U.S. citizen sued Florida's Miami-Dade County on Wednesday alleging that its policy of cooperating with detainer requests from U.S. Customs and Immigration Enforcement is unconstitutional.

  • July 5, 2017

    US Lifts Laptop Ban For Emirates, Turkish Airlines

    Two other Middle East carriers scored U.S. approval Wednesday to allow large personal electronic devices such as laptops in their aircraft cabins aboard U.S.-bound flights, with Emirates and Turkish Airlines now exempt from the ban after they tightened their passenger screening procedures in Dubai and Istanbul.

  • July 5, 2017

    Real Estate Regs, Legislation To Watch In The Second Half

    Political uncertainty in Washington means real estate lawyers will be keeping close watch on several programs and regulations that could face changes. Here, Law360 looks at regulation and legislation real estate lawyers will be monitoring in the second half.

  • July 5, 2017

    Trump Defends Meaning Of 'Close Family' Under Travel Ban

    The Trump administration has struck back against a challenge to its interpretation of the U.S. Supreme Court’s instructions for applying the revised travel ban to "close family" and to refugees, telling a Hawaii federal court that it is adhering to federal law.

  • July 5, 2017

    Feds Ask High Court To Ignore Arpaio's Bid For Jury Trial

    The federal government asked the U.S. Supreme Court to deny the petition of former Maricopa County Sheriff Joe Arpaio to order a jury trial on federal contempt charges in Arizona because his bench trial already started, and Arpaio can seek relief on appeal after final judgment.

  • July 5, 2017

    DOJ Announces New EOIR Acting Deputy Director

    The former chief counsel of the Executive Office for Immigration Review’s employee and labor relations unit has been tapped as the new acting deputy director of the agency, the U.S. Department of Justice announced in a statement on Monday, filling a vacancy created by the departure of Obama administration appointees. 

  • July 3, 2017

    Justice Stevens On Playing Politics With The High Court

    Justice John Paul Stevens discusses Merrick Garland, President Donald Trump, and how the Supreme Court has changed over the past few decades, in the first of two articles based on Law360’s interview with the 97-year-old retiree. This is part of an ongoing series of exclusive Law360 interviews with current and former Supreme Court justices.

  • July 3, 2017

    Pentagon Weighs Ditching Immigrant Recruitment Drive

    About 1,000 military recruits could face deportation if the Pentagon moves forward with plans to abandon a program that promised expedited naturalization as an enlistment incentive for those with highly sought health care and language skills, according to a U.S. Department of Defense action memorandum.

  • July 3, 2017

    Trump Admin. Shoots Back In H-2B Worker Row At 4th Circ.

    The Trump administration has told the Fourth Circuit that H-2B guest workers wrongly put forth a fresh legal argument that letters to employers telling them about additional prevailing wage findings amounted to an “unlawful regulatory interpretation” in a complex wage dispute.

  • July 3, 2017

    The Biggest Immigration Policy Developments In 2017 So Far

    The first half of 2017 has proven to be volatile for immigration policy and legislation, with Trump administration executive actions appearing to presage major changes in immigration enforcement, and agency heads and lawmakers pitching reforms for EB-5 and H-1B visa programs. Here, Law360 compiles some takeaways in immigration policy and regulation in the last six months.

  • July 3, 2017

    Detained Guatemalan's Case Is Combined With Class Action

    A California federal judge has ruled that the government cannot dodge a suit challenging a Guatemalan man’s prolonged detention by U.S. Immigration and Customs Enforcement while his application for asylum is pending, accepting the recommendations of a magistrate judge and ordering that the case be consolidated with a class action involving similar legal issues.

  • July 3, 2017

    Etihad Dodges US Laptop Ban After Tightening Security

    The U.S. government on Sunday cleared Etihad Airways to allow large personal electronic devices such as laptops in its aircraft cabins aboard U.S.-bound flights from Abu Dhabi International Airport after the airline tightened its passenger screening procedures.

  • July 3, 2017

    Oil CEO Calls Search Of Home A 'Blatant' Rights Violation

    An oil and gas entrepreneur charged with criminal contempt involving a bank loan, and separately with bank and visa fraud, complained Friday that his constitutional rights were violated in a “staggering overseizure” of every device and paper in his Las Vegas home as authorities allegedly fished for incriminating information.

  • July 3, 2017

    BALCA Flips Denial Of Financial Analyst's Employment Cert.

    An administrative law judge panel on the Board of Alien Labor Certification Appeals has reversed the denial of a Los Angeles-based financial analyst’s application for permanent employment certification, ruling that there was no factual support for the denial given that the analyst already had a certified public accounting license.

  • June 30, 2017

    Immigration Ombudsman Cites Investor Visa Backlog

    In its annual report to Congress, the Office of the Citizenship and Immigration Services Ombudsman said administrative reviews of visa denials had gotten quicker but noted that a surge in applications for immigrant investor visas has led to sometimes decadelong waits for approval.

  • June 30, 2017

    10 AGs File FOIA Request For Immigration Enforcement Data

    The attorneys general of nine states and the District of Columbia filed a Freedom of Information Act request Thursday in a joint effort to get to the bottom of what they called a “confusing array” of immigrant enforcement practices implemented by the Trump administration, according to a statement that cited a nearly 40 percent bump in immigration arrests.

  • June 30, 2017

    Split 9th Circ. Panel Upholds Convicted Smuggler's Removal

    The Board of Immigration Appeals did not err when it allowed as evidence statements by a man deemed not to be credible that led an immigration judge to conclude he had tried to assist in a human smuggling operation and was thus eligible for deportation, a split Ninth Circuit panel held Thursday.

  • June 30, 2017

    Staffing Co. On Hook For $120K After Document Probe

    A Florida staffing company will pay a $120,000 fine after the U.S. Department of Justice found the business had asked non-U.S. citizens to provide certain specific documents, such as green cards, to show work authorization but didn’t ask for particular documents from citizens, the agency said Friday.

Expert Analysis

  • Opinion

    Big Business Lobby Tries To Hobble Litigation Finance, Again

    Allison Chock

    In its most recent petition advocating mandatory disclosure of litigation finance, the U.S. Chamber of Commerce simply rehashes the same arguments from its previous failed efforts to convince the Committee on Rules of Practice and Procedure of the dire implications of undisclosed funding relationships, say members of IMF Bentham Ltd.

  • Clearing Up School Accreditation For H-1B Master's Cap

    Rabindra Singh

    Up until United States Citizenship and Immigration Services’ recent policy memorandum, prospective H-1B employers used to closely focus petitions under the master’s cap on whether the degree conferring institution qualifies as a "U.S. institution of higher education." Now, they will have to engage in additional fact-finding to ensure it qualified at the time it awarded the degree, says Rabindra Singh of Immigration Attorneys LLP.

  • 4th Circ. Offers A Range Of Unique Opinions On Travel Ban

    Jeffrey Gorsky

    Both the order and the court opinion from the Fourth Circuit’s 10-3 en banc decision barring enforcement of President Donald Trump's revised travel ban were exceptional. The unusual nature of this legal issue is reflected in the wide variety of opinions issued in the decision — seven separate opinions from 13 judges, says Jeffrey Gorsky of Berry Appleman & Leiden LLP.

  • Series

    The Return Of Attorney-Conducted Voir Dire

    Stephen Susman

    If we truly believe in providing litigants with a jury of one’s peers, we must adopt strategies to ensure that parties and their representatives have a say in selecting their jury. When only judges participate, the result is a less representative and less fair cross section of the community, say Stephen Susman, Richard Jolly and Roy Futterman of NYU School of Law's Civil Jury Project.

  • Monthly Column

    Gray Matters: Identities Are Us

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    Lawyers faced with clients who can’t or won’t listen to their advice must consider that the core of this risky decision may be a person's inability or refusal to relinquish a prime identity in times of uncertainty, say dispute resolution experts Robert Creo and Selina Shultz.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • Opinion

    Sanctuary Cities Are Not The New Nullification Crisis

     William Watkins Jr.

    Conservatives describe President Donald Trump’s fight with so-called sanctuary cities as the new nullification crisis. However, by trying to discredit the sanctuary city movement with this argument, they show an ignorance of history and mislead the public, says William Watkins Jr. of the Independent Institute.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • In Congress: Budget, Health Care, Comey

    Richard Hertling

    As we approach the Memorial Day recess, President Trump’s firing of FBI Director James Comey and allegations that the president sought to stop the FBI from investigating former National Security Advisor Michael Flynn’s potential ties to Russia remain at the top of the news cycle and threaten to derail Republican efforts to pursue health care and tax reform, among other priorities, say Richard Hertling and Kaitlyn McClure of Covingt... (continued)