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Immigration

  • December 17, 2018

    Fla. Suit Challenging ICE Detainer Policy Gets Green Light

    A Florida district judge Friday largely upheld a suit challenging Miami-Dade County’s alleged policy change of complying with all U.S. Immigration and Customs Enforcement detainer requests, finding that immigrant detainees can proceed with some of their constitutional claims.

  • December 17, 2018

    Senators Dug In As Clock Ticks Toward Partial Shutdown

    As the U.S. Senate returned to work Monday, few lawmakers moved from their positions on President Donald Trump’s insistence on $5 billion for a wall on the United States-Mexico border — an impasse that could send parts of the federal government into a shutdown this weekend.

  • December 17, 2018

    Advocates Urge 9th Circ. To Protect Immigrant Abuse Victims

    Immigrant advocacy groups urged the Ninth Circuit on Friday to rehear a Mexican national’s petition to reopen his removal order so he can seek relief under the Violence Against Women Act, arguing that an appeals court panel’s prior ruling would broadly preclude domestic violence victims from seeking the relief they are entitled to under the statute.

  • December 17, 2018

    Colleges Want USCIS Foreign Student Visa Policy Blocked

    A group of higher education institutions and organizations — including Haverford College, The New School and the American Federation of Teachers — have asked a North Carolina federal court to temporarily block a policy change that could open up international students to harsh immigration penalties.

  • December 17, 2018

    Design Firm Challenges H-1B Denial For Database Manager

    A Seattle-based global design and architecture firm has sued U.S. Citizenship and Immigration Services in federal court over the agency's decision to deny an analyst's bid for an H-1B specialty occupation visa, accusing the agency of ignoring evidence and acting arbitrarily and capriciously.

  • December 14, 2018

    SG Rips 'Routine' Nationwide Injunctions Of Trump Policies

    U.S. Solicitor General Noel Francisco went after the “disturbing but accelerating trend” of trial courts striking down President Donald Trump's policies with nationwide injunctions while trying to preserve the military’s recent transgender ban in new filings to the U.S. Supreme Court.

  • December 14, 2018

    DNA Test Saves Mexican Man's Removal Case At 6th Circ.

    The Sixth Circuit on Friday found that the Board of Immigration Appeals had wrongly refused to reopen a Mexican national’s removal proceedings after evidence came out that he had another U.S.-citizen child, finding that the board had to accept the man’s earlier claims of difficulty in obtaining a paternity test.

  • December 14, 2018

    Girl's Death In Border Patrol Custody Sparks DHS OIG Inquiry

    The U.S. Department of Homeland Security's Office of Inspector General announced Friday that it would launch an investigation into a 7-year-old girl's recent death due to dehydration and exhaustion while in U.S. Customs and Border Protection custody.

  • December 14, 2018

    Trump Asylum Rule Should Be Blocked, Sens. Tell Court

    A D.C. federal court should enter an order temporarily barring the federal government from implementing President Donald Trump’s bid to strip asylum eligibility from migrants who cross the southern border outside a designated port of entry, seven Democratic U.S. senators said Thursday.

  • December 14, 2018

    9th Circ. Upholds BIA Snub Of Pakistani's Bad Counsel Claim

    The Ninth Circuit determined Thursday that it does not have the authority to review whether the Board of Immigration Appeals erred in declining to certify a Pakistani man's claim that an attorney's alleged ineffective assistance hindered his immigration case, holding that the decision is squarely within the agency's discretion.

  • December 14, 2018

    4 Biggest Illinois Decisions Of 2018

    The Illinois Supreme Court made it easier to pursue judgments against distributors in product liability suits, State Farm agreed to pay $250 million to end accusations it bought an Illinois Supreme Court judge, and the Seventh Circuit upheld Chicago's win of a nationwide injunction blocking an anti-sanctuary cities policy. Here, Law360 highlights some of the biggest Illinois decisions in 2018.

  • December 14, 2018

    African Workers Denied Cert. In Gov't Contractor Bias Suit

    A California federal judge on Friday tentatively denied a bid to certify a class of refugees from several East African countries who allege a government contractor discriminated against them because of their race, national origin and religion, finding their allegations to be too individualized.

  • December 14, 2018

    The 6 Biggest Law Firm Mergers Of 2018

    The legal sector was rocked by announcements of six massive law firm mergers in 2018, adding to a string of behemoth combinations over the past decade that many believe are leading to the consolidation of the industry into a handful of giants.

  • December 14, 2018

    The Biggest Immigration Policy Changes Of 2018

    The Trump administration has unveiled sweeping policy changes across every immigration agency impacting student visa holders, immigrants on certain public benefits, immigration court proceedings and unauthorized border-crossers over the past year. Here, Law360 examines the major policy changes of 2018.

  • December 13, 2018

    USCIS Reaches H-2B Visa Cap For First Half Of Fiscal Year

    U.S. Citizenship and Immigration Services said Wednesday that it had swiftly reached the congressionally prescribed cap of 33,000 on H-2B temporary nonagricultural visas for the first half of the 2019 fiscal year.

  • December 13, 2018

    Feds Can't Ditch Fliers' Suit Over CBP Identity Checks

    A New York federal judge on Thursday refused to trim a suit over an incident in which two U.S. Customs and Border Protection officers forced people to show ID while getting off a domestic flight, ruling the plaintiffs had plausibly alleged they were likely to encounter this "routine" search practice again in the future. 

  • December 13, 2018

    Gov't Seeks To Ax Extra-Record Info On Trump's Asylum Rule

    The Trump administration asked a California federal court Wednesday to strike extra-record evidence, including declarations and news articles, in a case over its rule stripping asylum eligibility from immigrants who cross the southern border outside of a designated port of entry.

  • December 13, 2018

    6 Things That Rocked The Legal Industry In 2018

    From a pitched battle over a U.S. Supreme Court nomination to a sea change in the way that legal employers consider their attorneys' mental health and well-being, these were some of the most significant events and trends to hit the legal industry in 2018.

  • December 13, 2018

    The Top Immigration Cases Of 2018

    This year, the courts were the battleground over the Trump administration's immigration policies, including the president's travel ban, the separation of noncitizen families at the border and attempts to undermine so-called sanctuary policies. Here are some of the biggest immigration cases from 2018.

  • December 13, 2018

    EB-5 Investor Sues Developer For Alleged Fla. Project Fraud

    A Russian man contended Wednesday that a Florida resident defrauded him of $500,000 and the opportunity to obtain a green card by promoting a development project through the EB-5 visa program that was never completed, according to a complaint filed in Florida federal court.

Expert Analysis

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    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 Pier D'Angelo, chief pricing and practice officer at Allens.

  • 10 Key Points From New USCIS 'Notice To Appear' Policy

    Lisa Pino

    U.S. Citizenship and Immigration Services recently hosted a live teleconference to inform the public about a new policy memo concerning documents that notify and require recipients to appear in court before an immigration judge. Lisa Pino of Mayer Brown LLP discusses important implementation details.

  • Preap High Court Argument Focused On Immediacy Of 'When'

    Kevin Johnson

    Kevin Johnson, dean of UC Davis School of Law, discusses the U.S. Supreme Court oral argument in Nielson v. Preap, a case presenting the statutory question of whether an immigrant can be subject to mandatory detention by the federal government if significant time has elapsed after his release from state criminal custody.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • The Broad Impact Of H-1B Premium Processing Suspension

    Yeon Me Kim

    With U.S. Citizenship and Immigration Services' recent decision to extend and expand the suspension of premium processing for certain H-1B petitions, employers now face uncertain processing times, and workers' ability to safely and promptly change employers is severely limited, say attorneys with Hammond Young Immigration Law​​​​​​​ LLC.