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Immigration

  • September 24, 2018

    Feds Lose Bid To Toss Case Challenging Removal Of Iraqis

    A Michigan federal court on Monday rejected the Trump administration's bid to toss a portion of a case filed by Iraqis seeking to avoid deportation and certified a nationwide class of individuals from the Middle Eastern country whom the federal government sought to remove last year.

  • September 24, 2018

    Ross Ordered To Give Deposition In Census Citizenship Row

    U.S. Secretary of Commerce Wilbur Ross must sit for a deposition on the addition of a question to the 2020 census concerning the citizenship status of respondents, as the federal government has made it clear that he was personally involved in the decision, a New York federal court held on Friday.

  • September 21, 2018

    June DHS Memo Can't Justify Ending DACA, 2nd Circ. Hears

    A coalition of states challenging the Trump administration’s decision to rescind the Deferred Action for Childhood Arrivals program urged the Second Circuit Thursday to uphold their equal protection and procedural claims, asserting that the government’s arguments to the contrary improperly rely on a recent U.S. Department of Homeland Security memo.

  • September 21, 2018

    Regional Center, Affiliates Pay SEC $11.5M Over EB-5 Claims

    The U.S. Securities and Exchange Commission said in an order Friday that an Illinois regional center, its CEO and 37 affiliated partnerships have agreed to pay more than $11.5 million to settle claims that they offered unregistered securities under the EB-5 Immigrant Investor Program.

  • September 21, 2018

    New EB-5 Fraud Suit Against Fla. Man Targets Condo Project

    A Florida man is once again facing accusations of EB-5 visa program fraud after a group of Chinese investors accused him of stealing their funds after throwing around promises for a condominium development that ultimately remained unimproved and empty, causing their petitions for U.S. residency to be denied.

  • September 21, 2018

    Migrant Workers Seek Approval Of Sauerkraut Co. Settlement

    Counsel for more than 200 Mexican migrant workers urged a Wisconsin federal court on Friday to approve a proposed class action settlement of more than $900,000, which would resolve two lawsuits accusing the world’s largest sauerkraut producer of violating migrant protection laws in its handling of workers on temporary nonagricultural visas.

  • September 21, 2018

    Asylum Seekers Ask Wash. Court For Bond Hearings

    A proposed class of asylum seekers asked a Washington federal court on Thursday to order the Trump administration to provide them with timely bond hearings before an immigration judge, in protection of their due process rights.

  • September 21, 2018

    Va. Hospital Dodges Nigerian Doctor's Race Bias Claims

    A Virginia federal court on Thursday tossed a discrimination suit filed by a Nigerian doctor accusing his employer of retaliating against him based on his race and nationality, finding that the doctor, an H-1B visa recipient, had not plausibly alleged that the hospital mistreats its immigrant physicians in violation of civil rights laws.

  • September 20, 2018

    Immigrants, Feds Face Off Over Mental Health Care Injunction

    A proposed class of immigrant parents who have been detained and separated from their children under Trump administration policy faced off with the federal government in California federal court on Thursday, debating whether an injunction can be imposed to ensure mental health care is provided to the families.

  • September 20, 2018

    Immigration Bill Roundup: Family Detention, Tracking Kids

    Senators introduced bills this week aimed at keeping families together in detention and ensuring the Department of Health and Human Services keeps tabs on unaccompanied migrant children released from custody to sponsors. Here, we take a look at their proposals.

  • September 20, 2018

    9th Circ. To Rehear Case Over Counsel For Immigrant Minors

    The full Ninth Circuit will reconsider a panel ruling that immigrant children are not entitled to government-provided counsel in removal proceedings, according to orders issued Wednesday.

  • September 20, 2018

    Beach Eatery Showed Need For Summer Hires, BALCA Finds

    The Board of Alien Labor Certification Appeals has reversed a U.S. Department of Labor certifying officer’s determination that a shrimp restaurant on the Jersey Shore failed to establish that it temporarily needed more dishwashers during the summer season.

  • September 20, 2018

    Greenberg Traurig Bolsters Immig. Practice With 5 New Hires

    Responding to a surge in demand for expertise in legal immigration compliance, Greenberg Traurig LLP has added five immigration attorneys to its Atlanta office, including industry veteran Anita Ninan.

  • September 20, 2018

    Trump Slams $857B Defense Bill Over Lack Of Border Funds

    President Donald Trump on Thursday threw a potential spanner in the works for a pending $857 billion bill to fund federal defense, labor and health spending for 2019, slamming lawmakers for failing to include funding for his signature border wall project.

  • September 19, 2018

    Deportation Surge Feared After Sessions' Immigration Ruling

    U.S. Attorney General Jeff Sessions' Tuesday decision mostly revoking immigration judges' power to dismiss or terminate removal proceedings undercuts their discretionary powers and accelerates deportations, according to attorneys.

  • September 19, 2018

    USCIS Vetting Policy Unfairly Targets Muslims, Immigrant Says

    An Indonesian citizen told an Illinois federal court Wednesday that the federal government is deliberately dragging its feet while processing his work authorization application as part of an opaque U.S. Department of Homeland Security program that allegedly delays application decisions for Muslim visa petitioners.

  • September 19, 2018

    Keep Haitians' Status Suit, 17 States Tell NY Court

    A group of 17 states and the District of Columbia filed an amicus brief in New York federal court Wednesday backing a legal challenge to a decision by President Donald Trump and the U.S. Department of Homeland Security to end temporary protected status for Haitians.

  • September 19, 2018

    Sessions To Review Bond Hearings For Certain Immigrants

    U.S. Attorney General Jeff Sessions has referred another Board of Immigration Appeals case to himself for review, seeking to examine the authority of immigration judges to hold bond hearings for certain immigrants screened from expedited deportation proceedings.

  • September 19, 2018

    DOJ Settles With Hotel Staffing Co. Over H-2B Discrimination

    The U.S. Department of Justice has settled with a South Carolina hospitality management company over allegations that the company discriminated against U.S. workers by preferring to hire foreign workers with H-2B visas instead, the department has announced.

  • September 19, 2018

    Gov't Wants Out Of Suit Challenging Atlanta ICE Raids

    The federal government on Tuesday urged a Georgia federal court to toss a suit brought by three U.S. citizen children accusing U.S. Immigration and Customs Enforcement of illegally detaining them during a series of raids near Atlanta, arguing the children fail to state a claim for relief.

Expert Analysis

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • USCIS Memo Could Change Employment-Based Immigration

    David Serwer

    Buried in the middle of U.S. Citizenship and Immigration Services' recent 11-page memorandum is a single sentence that would put a whole new population of people in removal proceedings as the result of the denial of certain extension requests, say David Serwer and Matthew Gorman of Baker & McKenzie LLP.

  • EB-5 Investor Withdrawal — Evaluating The Controversies

    Ronald Fieldstone

    As the EB-5 visa program becomes more cumbersome, many investors are requesting or demanding a return of their $500,000 capital contribution. There are several variations of such requests that will result in different consequences, says Ronald Fieldstone of Saul Ewing Arnstein & Lehr LLP.

  • 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.