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Immigration

  • August 22, 2018

    7th Circ. Says BIA Must Rehear Immigrant's Torture Claims

    The Seventh Circuit on Tuesday gave a Mexican immigrant a second chance to block his deportation, finding that the Board of Immigration Appeals did not give enough explanation for disregarding his fears of torture at the hands of the Mexican drug cartel.

  • August 22, 2018

    Texas Couple Sentenced For Exploiting Cambodian Immigrant

    A Texas couple has been sentenced in Texas federal court for illegally harboring and financially exploiting an Cambodian immigrant living in the country without legal permission, the U.S. Department of Justice said on Tuesday.

  • August 22, 2018

    Federal Bench Nominees Duck Questions On Roe, Immigration

    Nominees for the federal bench, including a candidate for the Eighth Circuit, punted on questions related to loaded political issues at a Senate Judiciary Committee hearing Wednesday morning, as senators grilled them on their positions on fraught topics such as immigration and abortion rights.

  • August 22, 2018

    Attorneys Grapple With Intensified Scrutiny Of L-1 Visas

    L-1 visa applicants seeking intracompany transfers have always been subject to high scrutiny, but recent shifts at immigration agencies have imposed an even bigger evidentiary burden on petitioners, attorneys say.

  • August 21, 2018

    DHS Confirms Work Authorization Rollback For H-1B Spouses

    The U.S. Department of Homeland Security is plunging forward with its plans to rescind work authorization for the spouses of highly skilled immigrants, the agency confirmed in a Monday court filing in the D.C. Circuit, despite backlash against the Trump administration’s proposal from lawmakers.

  • August 21, 2018

    2nd Circ. Says Carpenter Doesn’t Apply To Old Cases

    The Second Circuit on Tuesday ruled that the U.S. Supreme Court's recent Carpenter decision, which blocks law enforcement from pulling cellphone location information without a warrant, can’t be the basis to overturn the conviction of a man who helped a mother kidnap her child, saying law enforcement was acting under precedent at the time.

  • August 21, 2018

    Employer Can't Duck Claims He Enslaved Pakistani Immigrant

    A gas station owner cannot dodge allegations that he forced his former employee, an unauthorized Pakistani immigrant, into unpaid servitude by threatening to report him to immigration authorities, an Illinois federal judge ruled Tuesday.

  • August 21, 2018

    Denial Of Iranian's EB-5 Visa Due To Evidence Gaps Upheld

    A D.C. federal judge has rejected an Iranian national's bid to overturn the denial of her investor visa application, finding that U.S. Citizenship and Immigration Services did not act arbitrarily when it denied her application based on gaps in the record.

  • August 21, 2018

    Army Reinstates Discharged Immigrant Soldiers

    The U.S. Army has reinstated approximately 38 soldiers recruited through a military program that provided a pathway to citizenship, following a putative class action that challenged the military's decision to discharge the recruits, the federal government reported to a District of Columbia federal court on Monday.

  • August 21, 2018

    Polsinelli Adds 3 Immigration Attys To Growing Atlanta Office

    Polsinelli PC has scored a veteran immigration attorney and former Jackson Lewis PC shareholder, who joins the firm’s Atlanta office along with two associates as part of Polsinelli’s efforts to boost its immigration practice, the firm said Tuesday.

  • August 20, 2018

    4 USCIS Policies Changing The Face Of Business Immigration

    U.S. Citizenship and Immigration Services issued several new policies this summer that may increase the burden of proof on visa applicants and threaten to put certain employment-based visa holders and foreign students at risk of deportation. Here, we examine those policies and how they have changed immigration attorneys' strategies.

  • August 20, 2018

    Jay Peak Receiver Settles Tax Dispute With Vermont Town

    A Florida federal court has approved a settlement reached between the court-appointed receiver for the failed Jay Peak EB-5 project and the town of Jay, Vermont, on interest and penalties stemming from $2 million in property taxes paid late to the town.

  • August 20, 2018

    Trump Vows To End 'Sanctuary Cities,' 'Catch And Release'

    President Donald Trump on Monday pledged to combat communities his administration views as providing sanctuary to unauthorized immigrants and “stop the ridiculous policy of catch and release,” also vowing to rid the nation of the Central American MS-13 gang.

  • August 20, 2018

    Labor Dept. Should Run Au Pairs' J-1 Visas, Report Suggests

    J-1 visas issued to au pairs should be overseen by the U.S. Department of Labor rather than the U.S. Department of State so the rights of domestic workers can be strengthened, according to a report released on Monday by several immigrant advocacy groups.

  • August 20, 2018

    ICE May Have Duty To Consider Married Immigrants' Status

    A Massachusetts federal judge on Monday suggested U.S. Immigration and Customs Enforcement has a duty to consider whether an undocumented immigrant married to a citizen has begun obtaining legal status before removing them, and said the Homeland Security secretary could be held in contempt if the agency violates a proposed injunction barring their removal.

  • August 20, 2018

    Judge Limits DACA Restoration To Only Renewals, For Now

    A District of Columbia federal judge temporarily restricted to renewals an order from earlier this month instructing the Trump administration to continue processing applications for the Deferred Action for Childhood Arrivals program.

  • August 20, 2018

    9th Circ. Rejects Due Process Claims From Adopted Honduran

    The Ninth Circuit has ruled that a Honduran man who was adopted by a U.S. citizen as a child cannot claim the government violated his adoptive mother’s constitutional rights by failing to process his citizenship application, finding that the naturalization requirements for adopted children do serve a legitimate government interest.

  • August 20, 2018

    Latham Fortifies Star IP Trial Team With WilmerHale Atty

    A former WilmerHale patent litigator who has represented clients in disputes in industries ranging from pharmaceuticals to social networking is the fourth senior trial lawyer to join Latham & Watkins LLP’s Washington, D.C., practice within a year, Latham announced recently.

  • August 17, 2018

    Calif. Judge Halts Deportation Of Reunited Children

    A California federal judge has ordered the Trump administration to temporarily halt deportation of immigrant children after they were reunited with their families, allowing the families time to pursue their asylum claims first.

  • August 17, 2018

    Attys Decry Sessions' New Burdens On Immigration Judges

    U.S. Attorney General Jeff Sessions issued a decision Thursday night in a precedential Board of Immigration Appeals case that limits immigration judges’ discretion to pause deportation proceedings, potentially undermining their ability to manage their dockets effectively and hindering immigrants from pursuing benefits to which they are entitled, attorneys said.

Expert Analysis

  • Series

    From Lawmaker To Lawyer: DC Isn't As Bad As You Think

    Norm Coleman

    Popular culture paints the Hill as a place teeming with intrigue, corruption and malicious intent. But in Congress I learned important lessons about respecting people and the work they do, says former Sen. Norm Coleman, R-Minn., of Hogan Lovells.

  • Foreign Students Face Hurdles Under New USCIS Policies

    Stephen Smalley

    U.S. colleges and universities are starting to feel the pressure of slipping enrollment numbers and increased global competition for international students, and recruitment challenges have now likely been exacerbated by two recent policy shifts announced by U.S. Citizenship and Immigration Services, say Stephen Smalley and Melissa Manna of Ogletree Deakins Nash Smoak & Stewart PC.

  • Opinion

    Asylum Seekers Lose Under AG Sessions' New Restrictions

    Jim Feroli

    Attorney General Jeff Sessions recently issued a decision limiting the availability of asylum for women and children who suffer domestic violence in their home country, vacating existing precedent and delivering a blow to victims of domestic violence from countries without institutions to protect them, says Jim Feroli, pro bono coordinator and government liaison at Catholic Charities, Archdiocese of Washington.

  • Series

    From Lawmaker To Lawyer: 6 Things I Learned In Congress

    Charles Gonzalez

    I found that senior members of Congress didn’t have time to mentor younger members. Lawyers — though just as busy as members of Congress — cannot afford to follow this model, says former Rep. Charles Gonzalez, D-Texas, of Ogletree Deakins Nash Smoak & Stewart PC.

  • A Win For Immigrants And Cloud Over Chevron At High Court

    Rachel Rosenbloom

    The U.S. Supreme Court’s recent decision in Pereira v. Sessions hands a victory to immigrants at a time when the executive branch is aggressively seeking to dismantle existing protections within immigration law. It also includes intriguing hints about the court’s waning affection for Chevron deference, says professor Rachel Rosenbloom of Northeastern University.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • High Court Addresses Reality Of Modern Criminal Sentencing

    Taylor Crabtree

    On Monday, the U.S. Supreme Court issued its opinion in Rosales-Mireles v. United States. Read together with the court’s 2016 decision in Molina-Martinez v. United States, this opinion establishes a presumption that a defendant is entitled to resentencing whenever a district court makes a clear error in calculating a defendant’s U.S. Sentencing Guidelines range, says Taylor Crabtree of Ellis & Winters LLP.

  • Opinion

    We Must Stop Separation Of Kids From Parents At US Border

    Tovah Kopan

    Each day, Americans learn more details about the horrors of the new federal policy of separating and detaining migrant children away from their parents. As mothers and attorneys, we have a particular revulsion to this policy and we will not let this unconscionable practice stand on our watch, say Tovah Kopan and Erin Albanese of Lawyer Moms of America.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.