Immigration

  • December 20, 2016

    3rd Circ. Gives Deported Dominican Another Chance

    A Dominican immigrant whose drug convictions were vacated won a review of his deportation when the Third Circuit ruled Monday that the Board of Immigration Appeals had wrongly concluded the convictions were revoked to help the man avoid their immigration consequences.

  • December 20, 2016

    Ex-Verizon Employee Claims She Was Fired Over Her Accent

    Verizon Communications Inc. was hit Monday with an employee discrimination suit in Pennsylvania federal court by a former customer service representative, claiming she was fired from her job earlier this year because of her Ukrainian national origin and inability to shed her accent.

  • December 20, 2016

    Guatemalan Man Can’t Show ICE Intimidation, 1st Circ. Says

    A Guatemalan man may not challenge his deportation on the grounds that he felt intimidated into answering questions and showing documentation to armed Immigration and Customs Enforcement officers, the First Circuit ruled Monday.

  • December 19, 2016

    Cognizant Wins At BALCA Despite Telecommuting Dustup

    The Board of Alien Labor Certification Appeals on Friday reversed a denial of labor certification for Cognizant in a case involving a computer systems analyst position, saying the company didn't run afoul of job ad content requirements by not listing a disputed telecommuting benefit.

  • December 19, 2016

    LA Launches $10M Legal Defense Fund For Immigrants

    Los Angeles Mayor Eric Garcetti on Monday announced a $10 million fund as part of a public-private partnership to provide legal services to immigrants undergoing deportation proceedings without a lawyer, saying the city had reaffirmed its commitment to inclusiveness in the wake of the election of Donald Trump.

  • December 19, 2016

    The Biggest Immigration Regulations Of 2016

    With the Obama administration in its homestretch, agencies rolled out several major immigration regulations this year, including rules for skilled immigrant workers and a regulation that lengthened post-graduation work authorization for student visa holders. Here, Law360 examines some of the top immigration regulations of 2016.

  • December 19, 2016

    BIA Revives Child Deportation Case Despite Faulty Notice

    The Board of Immigration Appeals on Friday reinstated deportation proceedings against a Salvadoran minor even though the federal government did not contest that it inadequately issued a “notice to appear," with the board ruling the government should get another chance.

  • December 19, 2016

    Gay Marriage Bill In Miss. Like Segregation, 5th Circ. Told

    A group of Mississippi religious leaders and activists urged the Fifth Circuit to affirm an injunction blocking a state law that protects objectors to same-sex marriage, comparing this group to those who invoked religion to justify segregation or laws forbidding interracial dating.

  • December 19, 2016

    Amici Urge 9th Circ. To Rethink Ruling In Immigrant Kids Case

    Professors, former federal immigration judges and the American Bar Association have urged the Ninth Circuit to rethink its ruling that a federal district court doesn't have jurisdiction regarding a claim that immigrant children have a right to attorneys in deportation cases, saying a rehearing is warranted.

  • December 16, 2016

    Feds Say Sheriff Joe’s Contempt Charge Doesn’t Warrant Jury

    The U.S. Department of Justice asked an Arizona federal judge Thursday to hear a contempt charge alleging Sheriff Joseph Arpaio of Maricopa County, Arizona, flouted an injunction barring him from profiling Latinos at traffic stops, saying the charge should see a bench trial instead of a jury trial.

  • December 16, 2016

    DOJ Unleashes Rule On Unfair Immigration Job Practices

    The U.S. Department of Justice brought its implementation of the unfair immigration-related employment practice provisions of the Immigration and Nationality Act up-to-date in a final rule published Friday, tweaking an August draft to address stakeholder worries the rule would sweep in neutral decisions.

  • December 16, 2016

    Justices Want More Info In Immigrant Detention Case

    The U.S. Supreme Court Thursday requested supplemental briefs from parties in an immigration detention case centered on questions of whether detained immigrants attempting entry to the U.S. are entitled to bond hearings after lengthy periods in custody.

  • December 16, 2016

    IT Recruiter Cops To Immigration Work Visa Scam

    A U.S. immigration manager working for an information technology company on Friday admitted his role in a scheme to fraudulently obtain foreign work visas for consultants he placed with third-party companies, tendering a guilty plea to obstruction of justice in New Jersey federal court.

  • December 16, 2016

    Philly Bar Association Questions Sessions AG Nomination

    The leadership of the Philadelphia Bar Association on Thursday unanimously approved a resolution questioning the qualifications of Sen. Jeff Sessions, R-Ala., to serve as attorney general, urging Pennsylvania’s two senators to thoroughly vet him and consider a “no” vote at confirmation hearings.

  • December 16, 2016

    The Biggest Immigration Cases Of 2016

    There was no shortage of immigration litigation this year, with the U.S. Supreme Court deadlocking in the case over Obama’s executive actions, the U.S. Securities and Exchange Commission bringing a major suit over alleged EB-5 visa fraud, and courts hearing challenges to work authorization rules for immigrants. Here, Law360 looks back at some of the biggest immigration cases from 2016.

  • December 15, 2016

    Sports Agent Can't Exclude Player Smuggling Evidence: Feds

    The federal government has argued that a Florida federal court should deny a sports agent's bids to exclude evidence and testimony from an upcoming trial over an alleged $16 million scheme to smuggle Cuban baseball players, saying the facts do not back his claims of misconduct by prosecutors.

  • December 15, 2016

    Mismatched Job Requirements Doom Aetna's Labor Cert. Bid

    The Board of Alien Labor Certification Appeals on Wednesday affirmed the denial of a certification to hire a foreign worker as a senior application developer, finding that Aetna unlawfully included language in its job postings that did not match the requirements listed in its federal application.

  • December 15, 2016

    High Court Told 'Crime Of Violence' Unconstitutionally Vague

    A Filipino immigrant who was convicted of first-degree burglary and ordered deported urged the U.S. Supreme Court on Wednesday to uphold a Ninth Circuit ruling that the Constitution’s “prohibition of vagueness in criminal statutes” applies to statutory provisions used to deport immigrants convicted of violent crimes, saying the appeals court got it right.

  • December 15, 2016

    Musical Retailer Settles H-1B Visa Violation Allegations

    A U.S. Department of Labor judge has signed off on a settlement agreement between a Georgia-based musical instrument retailer and the federal agency over allegations that the entity failed to pay an employee working with a H-1B visa the wages she was owed.

  • December 15, 2016

    Justices Take Up 6th Circ.'s Reluctant Deportation Ruling

    The U.S. Supreme Court agreed Wednesday to review a hesitant Sixth Circuit ruling that a South Korean immigrant who pled guilty to a small drug crime after his lawyer assured him he would not be deported should be removed.

Expert Analysis

  • When Your Client Is The President: Part 8

    Robert Bauer

    It is natural in an environment like the White House, particularly for lawyers who have an active interest in public life, to wish to be in every conversation, on any topic, of general interest or major importance. It is a trap, says Perkins Coie LLP partner Robert Bauer, who served as White House counsel for President Barack Obama.

  • When Your Client Is The President: Part 7

    Gregory B. Craig

    The day after Barack Obama was elected our 44th president, President Bush gathered the White House staff and made clear that the work of his administration during its final two months would be defined by whatever was necessary to help President-elect Obama and his team succeed. It was perhaps the most critical event of the transition, say Gregory Craig, who was White House counsel for President Obama, and Michael Scudder, who was g... (continued)

  • When Your Client Is The President: Part 6

    Alberto R. Gonzales

    On the evening of Sept. 11, 2001, I stood on the Oval Office porch and watched as Marine One landed on the South Lawn, bringing President Bush home. The president decided immediately that the attacks that morning placed America on a war footing against a nonstate actor. This generated a number of unique and complex legal issues for me, says Alberto Gonzales, who served as White House counsel for President George W. Bush.

  • Employers Beware: Citizenship Status Discrimination Claims

    Yova A. Borovska

    Several recent enforcement trends demonstrate the importance of regular review of recruitment materials and practices for signs of employment discrimination issues. The use of citizenship or immigration status limitations in the recruitment process is only allowed in certain limited situations. Otherwise, it may result in discrimination prohibited under the Immigration and Nationality Act, says Yova Borovska of Buchanan Ingersoll & Rooney PC.

  • When Your Client Is The President: Part 5

    C. Boyden Gray

    Every day, it seemed that virtually the entire day was spent trying to shape the news. Balancing the media day-to-day with the need for strategic planning requires staff to stay in their positions rather than congregate around the ball. Yet the impulse to run to the action is as tempting in the White House as on the soccer field, says C. Boyden Gray, who served as White House counsel for President George H.W. Bush.

  • When Your Client Is The President: Part 4

    Peter J. Wallison

    I was given immediate responsibility for responding to the Iran-Contra crisis. My problem as a lawyer was what to do about all the requests for files, documents and other information that were coming in from investigators. Ultimately, it came down to this: What do I believe about my client? says Peter Wallison, who served as White House counsel for President Ronald Reagan.

  • When Your Client Is The President: Part 3

    Fred F. Fielding

    The experience of preparing for the 1981 air traffic controller strike brought home to me the responsibility a lawyer owes to his or her client — be it an average citizen, a corporation or a president, says Morgan Lewis & Bockius LLP partner Fred Fielding, who served as White House counsel for Presidents Ronald Reagan and George W. Bush.

  • Bridging The Gap Between Outside And Inside Counsel

    Andrew S. Chamberlin

    Results from a recent International Association of Defense Counsel survey reveal a significant disconnect between inside and outside lawyers when it comes to perceptions of their own effectiveness versus the perceptions of their counterparts on the other side of the fence, say Andrew Chamberlin, a partner at Ellis & Winters LLP, and Orlyn Lockard, associate general counsel at Siemens Corp.

  • When Your Client Is The President: Part 2

    William E. Casselman II

    My experience with the Nixon pardon, the Nixon tapes, the construction of the White House swimming pool, and other matters well out of the ordinary for a president’s lawyer taught me that in the practice of law one should learn to expect and cope with the unexpected, says William Casselman, who served as White House counsel for President Gerald Ford.

  • So You Want To Be A Partner? You Need A Mentor

    Rebecca Glatzer

    Not all aspects of the partnership process are within an attorney’s power. However, there are some factors that an associate can control on the path to partnership, the most important of which are the relationships cultivated along the way, says Rebecca Glatzer of Major Lindsey & Africa.