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Immigration

  • July 18, 2018

    BALCA Denies H-2B Certification To Construction Co. In Texas

    The Board of Alien Labor Certification Appeals on Tuesday upheld the rejection of an Atlanta-based construction company’s application for seasonal nonimmigrant labor certification, finding that the company had not submitted enough evidence of a peakload temporary need for additional workers.

  • July 18, 2018

    Trump's 'Sanctuary' Rules Challenged By NY, NJ, Others

    The federal government’s attempt to withhold public safety funds from so-called sanctuary communities is unconstitutional and should be permanently barred, New York City and five states — including Massachusetts and New Jersey — told a New York federal court Wednesday in two separate complaints.

  • July 18, 2018

    Split 9th Circ. Reopens Asylum Bids After Terse BIA Denial

    A split Ninth Circuit panel on Tuesday sent back to the Board of Immigration Appeals petitions by three Salvadorans for reopening their asylum and withholding of removal bids, after finding the board abused its discretion when it issued them a terse denial.

  • July 18, 2018

    A Chat With Gibson Dunn Diversity Chief Salim-Williams

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Zakiyyah Salim-Williams, chief diversity officer at Gibson Dunn & Crutcher LLP.

  • July 18, 2018

    Prison Co. Urges No Class Cert. Since No Stock-Price Impact

    Private prison operator CoreCivic Inc. has told a Tennessee federal court not to certify a proposed class of investors who allege it misrepresented its safety, security and rehabilitation standards, saying the alleged misstatements didn’t affect its stock price.

  • July 17, 2018

    Intervenors Accused Of 'Hijacking' EB-5 Fraud Estate Sale

    The receiver overseeing an estate related to the settlement of an EB-5 visa fraud scheme urged a California federal judge Tuesday to deny an attempt by intervenors in the case to sell one of the estate’s health care facilities, calling it an effort to “hijack” the proceedings.

  • July 17, 2018

    Feds Must Notify Detained Children Of Transfer, Judge Says

    A New York federal judge has ordered the Trump administration to give 48 hours' notice before transferring separated immigrant children who are represented by the Legal Aid Society out of the state, saying the children should be given important information regarding their transfer and have the opportunity to consult their lawyers first.

  • July 17, 2018

    'Moral Turpitude' Not Vague In Immigration Law: 9th Circ.

    The Ninth Circuit on Tuesday rejected a Mexican native’s bid to secure a cancellation of her deportation after contending that recent U.S. Supreme Court precedent has effectively made vague the legal term “moral turpitude.”

  • July 17, 2018

    Dems Float Bill To Reunite Separated Immigrant Families

    A coalition of 14 Democratic senators introduced a bill on Tuesday that calls for the immediate reunification of all detained immigrant families with children as well as the establishment of a permanent system for agencies and nongovernmental organizations to coordinate to ensure their protection.

  • July 17, 2018

    Brazilian Immigrant, Son Reunited After Separation At Border

    The federal government has reunited a Brazilian immigrant with her 9-year-old son after immigration authorities split the family at the border and detained the boy separately from his mother for more than a month, the immigrants’ attorneys announced Monday.

  • July 17, 2018

    Challengers Of Ariz. DACA Rule Seek $3.4M In Atty Fees

    A coalition that succeeded in permanently barring an Arizona state policy that effectively blocked Deferred Action for Childhood Arrivals program participants from obtaining state licenses or identification cards has asked an Arizona federal court to order the state to pay nearly $3.4 million of its attorneys' fees and costs.

  • July 16, 2018

    ICE Proposes Increases To Certain Student Visa Fees

    U.S. Immigration and Customs Enforcement has proposed a rule change that would significantly increase the cost of applying for certain student visas in an effort to pay for more "enhanced vetting" procedures, according to a notice filed with the Federal Register on Monday.

  • July 16, 2018

    USCIS Memos Signal Sea Change For Business Immigration

    Two recent U.S. Citizenship and Immigration Services memos may doom foreign professionals seeking to work in the U.S. by allowing immigration officials to deny outright visa petitions they deem frivolous and then immediately place rejected applicants in deportation proceedings, attorneys say.

  • July 16, 2018

    Feds Can't Remove Reunited Immigrant Families For Now

    A California federal judge on Monday temporarily barred the Trump administration from deporting immigrant adults who are part of a class action of individuals recently reunited with their children after immigration agents separated them at the border.

  • July 16, 2018

    Executive Order Boosts Fears Of Politically Influenced ALJs

    An executive order signed last week by President Donald Trump eliminating the competitive examination and selection procedures for appointing administrative law judges has heightened concerns that both the ALJ hiring process and decisions made by the judges will be unduly influenced by politics, legal experts said Monday.

  • July 16, 2018

    Honduran Can't Be Deported Until She's Reunited With Child

    A Texas federal judge told the government Friday to halt the deportation of a Honduran woman until she is reunited with her daughter, as required by a court order in a separate class action preventing the United States from removing immigrants whose children were taken from them by authorities at the border. 

  • July 16, 2018

    Feds Must Pay Attys' Fees After Delaying Obama-Era Rule

    A District of Columbia federal judge on Friday determined that the Trump administration should pay attorneys' fees to several organizations that successfully challenged its bid to delay an Obama-era regulation for international entrepreneurs, but not at the market rates the lawyers sought.

  • July 13, 2018

    New USCIS Guidance Makes Immigration Denials Easier

    The U.S. Citizenship and Immigration Services adjudicators looking over applications for immigration benefits will soon have broader discretion to deny them outright, according to a memo issued Friday describing a policy shift that immigration attorneys called “extremely punitive” and “devastating to employers.”

  • July 13, 2018

    NY Court Urged Not To Toss Census Citizenship Question Suit

    A New York federal court should deny the Trump administration’s bid to dismiss a suit that challenges the addition of a question to the 2020 census asking whether individuals are U.S. citizens, several organizations have argued.

  • July 13, 2018

    USCIS Policy May Push Business Immigration Attys To Litigate

    Business immigration practitioners may need to brush up on their litigation skills in light of U.S. Citizenship and Immigration Services’ recent memo that would potentially leave rejected visa applicants to face removal proceedings in immigration court immediately upon denial, attorneys said.

Expert Analysis

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • New Calif. 'National Origin' Rules Stray From Federal Policy

    Thea Rogers

    The recent approval of new amendments to the California Fair Employment and Housing Act by the state's Office of Administrative Law broadens and bolsters the protections the state affords to noncitizens. But it also directly clashes with President Donald Trump's executive orders on immigration, says Thea Rogers of Elkins Kalt Weintraub Reuben Gartside LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • How Immigration Issues Can Sour M&A Deals

    Christine Fuqua Gay

    Because the U.S. Department of Homeland Security's E-Verify program is frequently overlooked and misunderstood, immigration compliance issues have become more common in mergers and acquisitions and a basis of post-closing claims, such as those alleged in Post Holdings v. NPE Seller Rep, currently pending in the Delaware Chancery Court, say Christine Fuqua Gay and Ashley Hamilton of Holland & Knight LLP.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.

  • Common Challenges Associated With B-1 Visa Compliance

    Xavier Francis

    The B-1 visa is perhaps the most widely used and easily accessible visa for companies seeking to have their global workforce enter the U.S. However, given the current immigration climate and the administration’s continued effort to restrict the movement of highly skilled migrants, those who rely on the B-1 visa should take extra measures to ensure compliance with current regulations, says Xavier Francis of Erickson Immigration Group.

  • Opinion

    A Pragmatic Alternative To Separating Families At The Border

    Leon Fresco

    In response to the recent increase of arrivals at the U.S. southern border, the Trump administration has instituted a policy of prosecuting all border crossers and separating parents from their children. However, there is a less controversial and more logical way for the administration to solve this problem without Congress, says Leon Fresco of Holland & Knight LLP.

  • The Potentially Far-Reaching Impact Of Sports Betting Case

    Cory Lapin

    The U.S. Supreme Court’s decision in Murphy v. National Collegiate Athletic Association was focused on sports betting but could be construed as conferring substantially more power on states in general, on issues including gun control, marijuana legalization and sanctuary cities, says Cory Lapin of Manning Gross & Massenburg LLP.