Immigration

  • March 8, 2017

    DOJ Balks At Hearings For Immigrant Kids In 9th Circ. Appeal

    The federal government has urged the Ninth Circuit to reverse a district court decision ordering it to provide bond hearings for unaccompanied immigrant children detained by the U.S. Department of Health and Human Services, saying that only HHS, not immigration judges, can make decisions about their custody.

  • March 8, 2017

    4 Things To Know About Trump's Pick For Solicitor General

    While the solicitor general has historically worked outside of the public eye, the latest nominee for the job of representing the federal government at the U.S. Supreme Court, Noel Francisco, shouldn't expect anonymity.

  • March 8, 2017

    EB-5 Receiver’s $3M Building Plans OK’d In SEC Row

    A Washington federal judge on Wednesday approved a $3 million plan to save a restaurant and retail development backed by Chinese investors seeking EB-5 visas whose future was unclear after the U.S. Securities and Exchange Commission sued the project’s developer for fraud.

  • March 8, 2017

    Feds Urge Justices To Uphold 6th Circ. Deportation Ruling

    The federal government urged the U.S. Supreme Court on Monday to uphold a Sixth Circuit ruling ordering the removal of a South Korean immigrant who pled guilty to a small drug crime after his lawyer assured him he would not be deported, saying the man failed to show his plea wrongfully exposed him to removal.

  • March 8, 2017

    Dems Move To Defund, Block New Immigration Ban

    Several Senate Democrats on Tuesday undertook to thwart President Donald Trump’s new immigration ban with a bill to withhold federal funding for his executive order’s enforcement and to designate the ban illegal under the Immigration and Nationality Act.

  • March 8, 2017

    'Dreamer' Detained After Speech Deserves Hearing, Court Told

    Attorneys representing a young woman from Argentina filed an emergency motion Tuesday for a stay to halt removal proceedings against her, saying she deserves a hearing after she was arrested following a press conference that criticized U.S. Immigration and Customs Enforcement actions.

  • March 8, 2017

    Shepherds' Antitrust Minimum Wage Suit Tossed

    A Colorado federal court on Tuesday tossed a proposed antitrust class action accusing ranchers and industry organizations of suppressing the pay of a group of foreign shepherds with temporary work visas, saying a magistrate judge has already “masterfully and cogently” concluded the case isn’t viable.

  • March 8, 2017

    House Judiciary Committee Calls For EB-5 Reforms

    Members of the U.S. House Committee on the Judiciary expressed support during a hearing on Wednesday for efforts to increase the minimum investment needed to participate in the EB-5 immigrant investor program and for rescinding the ability of states to designate high unemployment areas for investment.

  • March 7, 2017

    Hawaii Becomes 1st State To Challenge New Immigration Ban

    The state of Hawaii, aided by a litigation team from Hogan Lovells, appears to be the first state to challenge President Donald Trump’s revised executive order banning people from six Muslim-majority countries from entering the United States, telling a Hawaii federal court it plans to file a temporary restraining order along with an updated complaint.

  • March 7, 2017

    MLB Execs Testify As Ballplayer Smuggling Trial Continues

    An agent and a trainer accused of helping smuggle Cuban ballplayers to the United States commenced their defense Tuesday by calling Texas Rangers General Manager Jon Daniels and other baseball executives to testify at their federal trial in Miami after the judge rejected their motions for acquittal.

  • March 7, 2017

    SXSW To Nix Artist Letter 'Immigration Clause' After Outcry

    Music, tech and entertainment festival South by Southwest announced Tuesday it is rescinding a provision of its performance agreement after five days of persistent outcry from performers that the festival was unduly subjecting international artists to possible deportation.

  • March 7, 2017

    Gov't To Pay $1M To Kids Of Man Fatally Beaten By Agents

    A California federal judge on Thursday provisionally signed off on an order approving a $1 million settlement between the federal government and the family of a Mexican man who died after being beaten and tased by immigration officials at the U.S.-Mexico border.

  • March 7, 2017

    Immigration Group Wants In On Visa Rule Challenge Suit

    An advocacy group for high-skilled immigrants has asked to intervene in an appeal at the D.C. Circuit brought by Save Jobs USA over a decision upholding a new rule that would allow spouses of certain H-1B workers to apply for employment authorization, saying the rule was validly implemented but may no longer be defended by the federal government under President Trump.

  • March 7, 2017

    Trump's Hiring Freeze Doesn't Touch Immigration Judges

    President Donald Trump’s recent federal employee hiring freeze does not affect federal immigration judges, the Executive Office for Immigration Review has said, marking the latest clarification on how the president’s budget-cutting agenda will be implemented.

  • March 7, 2017

    Diplomat, Feds Spar Over 'Slavery' Case Bail At 2nd Circ.

    A former Chinese diplomat charged with using construction workers as slave labor pushed the Second Circuit to grant him bail on Tuesday, saying the government’s concerns over a private security firm that would guard him were unfounded.

  • March 7, 2017

    Texas Court Upholds Immigration Atty's 2-Year Suspension

    A Texas appellate court on Monday upheld a two-year suspension for a former immigration attorney accused of misleading clients about her ability to practice before U.S. immigration courts, rejecting her argument the sanction was excessive.

  • March 6, 2017

    New Immigration, Travel Order Won't Stem Tide Of Lawsuits

    The Donald Trump administration’s second crack at enacting a temporary ban on travel from several Muslim-majority countries is likely only the start of a new period of legal challenges and questioning from those it will impact, experts said Monday.

  • March 6, 2017

    USCIS Suspends Expedited Processing For H-1B Visas

    The U.S. Citizenship and Immigration Services announced Friday that it is going to suspend expedited processing for all H-1B visas for up to six months beginning in early April, saying the move will allow it to process long-pending petitions and prioritize H-1B extension of status cases.

  • March 6, 2017

    Trump Calls On US To Enhance Visa, Refugee Vetting

    President Donald Trump directed his administration to develop “heightened screening and vetting protocols” for foreign visa applicants and refugees on Monday amid a newly imposed halt on travel from six Muslim majority countries, a move the White House says will prevent terrorists from entering the United States.

  • March 6, 2017

    US Drops Opposition To Prof’s Visa, Moves To Toss Case

    The United States government has reversed course on its opposition to a Chicago-area professor’s I-140 visa application, voluntarily recognizing the professor for his “outstanding research” in the computer sciences and mooting a federal court case over the allegedly impermissible denial, according to court records.

Expert Analysis

  • A New And Promising Immigration Tool For Entrepreneurs

    Jonathan Grode

    A recent decision from United States Citizenship and Immigration Services is potentially a game-changer for how entrepreneurial-minded individuals can utilize the EB-2 national interest waiver to secure a green card. The ruling is poised to expand the NIW within reach of the international entrepreneur, say Matthew Galati and Jonathan Grode of Green and Spiegel LLC.

  • New Year, New Immigration Laws For Calif. Employers

    Gregory A. Wald

    No one can deny that 2017 will be a year of change, but when it comes to laws relating to immigration and employment, change may look different in California compared to the rest of the nation, says Gregory Wald of Squire Patton Boggs LLP.

  • Be Prepared For Law Firm Data Breach Litigation

    Scott Vernick

    The April 2016 leak of "Panama Papers" documents from law firm Mossack Fonseca removed any doubt that the threat of cyberattacks against the legal industry is more than hypothetical. While the case law on law firm data breach litigation has largely yet to be written, there are certain fundamental tenets worth reviewing, say Scott Vernick and Peter Buckley of Fox Rothschild LLP.

  • 7 Legal Industry Predictions For 2017

    Haley Altman

    Since 2008, the legal relationship dynamic has consistently evolved, leading clients to demand more "value" for services received. In 2017, investment in and adoption of new technology and prioritizing cybersecurity will lead to an increase in billable hours and shifts in realization rates, says Haley Altman of Doxly.

  • Disney Outsourcing Cases Can Guide Trump Administration

    Matthew S. Groban

    The recent litigations against Walt Disney Parks and Resorts challenging its decision to outsource information technology jobs to foreign H-1B workers illustrate the challenges that the new administration will encounter as it seeks to maintain jobs for American workers, says Matthew Groban of Epstein Becker & Green PC.

  • 5 Ways To Fight Costlier Legal Malpractice Claims In 2017

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    There are a number of concrete, practical steps that law firms can take to address the high cost of defending legal malpractice claims, both before and after a claim is made, says Richard Simpson, a partner with Wiley Rein LLP who serves on the ABA Standing Committee on Lawyers’ Professional Liability.

  • Building Momentum For The Pay Equity Movement In BigLaw

    Stephanie A. Scharf

    A decade’s worth of multiple bar association initiatives, conferences, corporate law summits, detailed research reports and opinion pieces on the pay gap has seemingly fallen on the deaf ears of BigLaw. However, recent events presage substantial movement toward pay equity in law firms, say Stephanie Scharf of Scharf Banks Marmor LLC, Michele Coleman Mayes, general counsel for the New York Public Library, and Wendi Lazar of Outten & Golden LLP.

  • Keeping Pro Se Litigants At Bay

    Michael Walden

    Pro se litigation can be a time-consuming cost of doing business, particularly for large, well-known companies. Though pro se cases occasionally include interesting, even amusing, claims, like all litigation, they must be taken seriously. In this article, attorneys from Shook Hardy & Bacon LLP detail several practical approaches to dealing with the problems posed by pro se litigants.

  • Are Courts In The Discovery Driver’s Seat?

    Cristin K. Traylor

    I recently asked a panel of four federal court judges whether they expect courts to start taking a more active role in e-discovery. They answered with a resounding yes. However, their responses left me wondering whether courts are actually taking a more active role in discovery since the Federal Rules of Civil Procedure amendments took effect in December 2015, says Cristin Traylor of McGuireWoods LLP.

  • The Ins And Outs Of The Dreaded Consular Process

    Jennifer M. Pflanz

    Processing a case through the National Visa Center can often lead to headaches and heartburn, even for many immigration practitioners. However, although the process can be lengthy in terms of document requests and overall timeline, it’s manageable so long as you know how to anticipate the sometimes seemingly senseless requests, say Jennifer Pflanz and Mia Batista of Fragomen Del Rey Bernsen & Loewy LLP.